{"id":"C2004A02544","name":"States Grants (Tertiary Education Assistance) Act 1981","slug":"states-grants-tertiary-education-assistance-act-1981","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"167 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7121,"registerId":"commonwealth-C2004A02544-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the States Grants (Tertiary Education Assistance) Act 1981.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"##### 2 Commencement \\[see Note 1\\]\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"##### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Academic Salaries Tribunal means the Tribunal established under that name by section 12B of the Remuneration Tribunal Act 1973.\n\n> building project means:\n\n(a) the purchase of land, with or without buildings;\n\n(b) the designing, erection, alteration or extension of a building or other facilities;\n\n(c) the development or preparation of land for building or other purposes; or\n\n(d) the installation of water, electricity or other services.\n\n> capital expenditure means expenditure on a building project.\n\n> college of advanced education means:\n\n(a) an institution that is a college of advanced education for the purposes of the Commonwealth Tertiary Education Commission Act 1977 other than such an institution that is situated in a Territory; or\n\n(b) an institution (other than an institution referred to in paragraph (a)) that is declared by the Minister, after he has obtained the view of the State in which the institution is situated and the advice of the Commission, by instrument under his hand, to be an institution that is to be treated, for the purposes of this Act, as a college of advanced education.\n\n> commencing day means the day on which this Act receives the Royal Assent.\n\n> Commission means the Commonwealth Tertiary Education Commission referred to in section 6 of the Commonwealth Tertiary Education Commission Act 1977.\n\n> course of advanced education means a course of study:\n\n(a) that is accredited or provisionally accredited by the authority for the State in which the relevant institution providing the course is situated that is responsible for the accreditation of advanced education courses; and\n\n(b) that is undertaken for the purpose of obtaining an award of a relevant institution of a kind determined by the Minister in writing, on the recommendation of the Commission, to be an award to which this definition applies.\n\n> course of teacher education means a course of instruction that is accredited or provisionally accredited by the responsible authority for the State as a course of teacher education and that is provided by way of professional training for persons intending to become primary school teachers or secondary school teachers.\n\n> fees, in relation to a relevant institution, means tuition, examination or other fees payable to the relevant institution by a student enrolled at, or applying for enrolment at, the relevant institution in connection with a course of study or attendance at the relevant institution, and includes fees payable to the relevant institution in respect of the granting of a degree, diploma or other award (including a qualification relating to a trade, technical or other skilled occupation) but does not include:\n\n(a) fees the payment of which is voluntary;\n\n(b) fees payable in respect of an organization of students, or of students and other persons, or in respect of the provision to students of amenities or services that are not of an academic nature;\n\n(c) fees payable in respect of residential accommodation;\n\n(d) in a case where the relevant institution is a university, a college of advanced education or a non‑government teachers college—fees payable in connection with attendance for the purposes of studies that are not required or permitted to be undertaken for the purpose of obtaining a degree, diploma or other award of the relevant institution;\n\n(e) in a case where the relevant institution is a technical and further education institution or an institution situated in the Northern Territory—fees payable in connection with, or in connection with attendance for the purposes of:\n\n(i) studies that are not, or are not preparatory to, studies for the purposes of obtaining a qualification relating to a trade, technical or other skilled occupation; or\n\n(ii) studies that are not required or permitted to be undertaken in relation to a course of advanced education provided by the relevant institution; or\n\n(f) fees of a kind that are incidental to studies that may be undertaken at relevant institutions and that the Minister, by writing signed by him and notified to each State Tertiary Education Minister, declares to be fees of a kind to which this paragraph applies.\n\n> minor building project means a building project included in a class of building projects determined by the Minister to be a class of minor building projects.\n\n> non‑government teachers college means Avondale College or McAuley College.\n\n> prescribed staff, in relation to a university or college of advanced education, means:\n\n(a) the members of the staff (whether employed on a full‑time or part‑time basis) of the university or college:\n\n(i) who are employed by the university or college wholly or principally in teaching or research or in both teaching and research; or\n\n(ii) to whom persons referred to in subparagraph (i) are responsible in relation to the teaching or research in which they are employed;\n\nbut does not include members of the staff employed wholly or principally in support of other members of the staff who are employed in teaching or research; and\n\n(b) those senior officers of the university or college in respect of whom the Academic Salaries Tribunal has recommended rates of salaries in a report or reports of a kind referred to in paragraph 12D(2)(c) of the Remuneration Tribunals Act 1973.\n\n> qualified auditor means, in relation to the furnishing of a statement for the purposes of a condition of a grant of financial assistance to a State under this Act, in relation to a university, a college of advanced education or a student residence or affiliated college of a university or college of advanced education:\n\n(a) the Auditor‑General of the State;\n\n(b) a person who is registered as a company auditor or public accountant under the law of a State or Territory;\n\n(c) a member of the Institute of Chartered Accountants or of the Australian Society of Accountants; or\n\n(d) a person approved by the Commission as a person competent to furnish such a statement;\n\n  other than such a person who is employed by the university, by the college or by the body administering the college, student residence or affiliated college, as the case may be.\n\n> recurrent expenditure means expenditure that is not capital expenditure.\n\n> relevant institution means:\n\n(a) a university, a college of advanced education, a technical and further education institution, or a non‑government teachers college, that is situated in a State; or\n\n(b) an institution at which courses of advanced education are provided, or at which technical and further education is provided, that is situated in the Northern Territory.\n\n> State Tertiary Education Minister means:\n\n(a) in relation to a State—the Minister of the Crown for the State who is responsible, or principally responsible, for the administration of matters relating to tertiary education in that State; and\n\n(b) in relation to the Northern Territory—the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to tertiary education in the Northern Territory.\n\n> technical and further education institution means:\n\n(a) an institution (other than a university or school), situated in a State, that provides technical and further education, being an institution conducted by, or on behalf of, the Government of a State; or\n\n(b) an institution situated in a State, or a proposed institution to be situated in a State, that is specified in a direction for the time being in force under section 5 of the Commonwealth Tertiary Education Commission Act 1977.\n\n> university means an institution that is a university for the purposes of the Commonwealth Tertiary Education Commission Act 1977 other than such an institution that is situated in a Territory.\n\n> year to which this Act applies means any one of the years 1982, 1983 and 1984.\n\n  (2) Where a building project consists of, or includes, the erection, alteration or extension of a building, that project shall be deemed to include:\n\n(a) unless paragraph (b) applies—the provision of furnishings for the building, or for the altered parts or the extensions of the building, as the case may be; or\n\n(b) in a case where the building project is a building project of a technical and further education institution—the provision of furnishings and equipment for the building, or for the altered parts or the extensions of the building, as the case may be.\n\n  (3) Without limiting the generality of subsection (2), where a building project by way of the erection, alteration or extension of a building is undertaken in connection with the establishment of a library at a technical and further education institution, the project shall be deemed to include the provision of books and other library materials required for the establishment of the library.\n  (4) In this Act, unless the contrary intention appears:\n\n(a) a reference to a report of the Academic Salaries Tribunal shall be read as a reference to a report of that Tribunal of a kind referred to in paragraph 12C(b), 12D(2)(c), 12DB(2)(b), 12DB(3)(a) or 12DC(1)(b) of the Remuneration Tribunal Act 1973; and\n\n(b) a reference to a State shall be read as including a reference to the Northern Territory.\n\n  (5) For the purposes of this Act, the Darwin Community College shall be deemed to be an institution conducted on behalf of the Government of the Northern Territory.\n  (6) For the purposes of this Act:\n\n(a) a State shall be deemed to have paid moneys to a college of advanced education that is not a body corporate if it has paid those moneys to the body administering that college; and\n\n(b) a college of advanced education that is not a body corporate shall be deemed to have done any act or thing that is required or permitted by this Act to be done if the body administering the college has done that act or thing.\n\n  (7) Where the Minister is satisfied that an institution, being a university, college of advanced education or technical and further education institution, that is known by a name other than a name specified in a Schedule is substantially identical with an institution specified in a Schedule, the Minister may, in his discretion and with the approval of the State in which the first‑mentioned institution is situated, by instrument in writing, declare that he is so satisfied, and, upon the making of the declaration, the first‑mentioned institution shall, for the purposes of this Act, be deemed to be the institution so specified in that Schedule.\n  (8) Where, for university purposes within the meaning of Part II or for college purposes within the meaning of Part III, a university or a college of advanced education makes provision, not inconsistent with actuarial principles, in the accounts (including the journals and ledgers) of the university or the college for future or contingent liabilities in respect of superannuation payments or long service leave, the university or college shall be taken, for the purposes of this Act, to have expended the amount of that provision for such university purposes or for such college purposes, as the case requires, in respect of the year in which that provision is made.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Approval of, and directions relating to, building projects","content":"##### 4 Approval of, and directions relating to, building projects\n\n  (1) For the purposes of this Act, the Minister:\n\n(a) may approve a building project (other than a minor building project) submitted to him by a university as an approved building project of the university in respect of a year to which this Act applies;\n\n(b) may approve a building project (other than a minor building project) submitted to him by a State as an approved building project of a college of advanced education in respect of a year to which this Act applies;\n\n(c) may approve a building project (other than a minor building project) submitted to him by a State as an approved building project of a technical and further education institution in respect of a year to which this Act applies; and\n\n(d) may direct that information included in a specified class of information be furnished to the Commission in respect of building projects included in a specified class of building projects at such times and in such manner as are specified in the direction.\n\n  (2) The building projects that may be approved by the Minister under subsection (1) in respect of a year to which this Act applies are building projects additional to the building projects specified in whichever of Schedules 7, 7A and 7B is applicable to that year.\n  (3) Where the Minister approves a building project under subsection (1) in respect of a year to which this Act applies, the Minister shall also approve:\n\n(a) an amount as the maximum Commonwealth contribution towards the project, being so much of the amount estimated by him to be the cost of the project as he determines to be the appropriate Commonwealth contribution towards the project; and\n\n(b) an amount of expenditure, not exceeding the estimated expenditure on the project in respect of that year, as the amount of the approved expenditure on the project in respect of that year.\n\n  (4) As soon as practicable after the Minister has approved a building project under subsection (1) in respect of a year to which this Act applies, the Minister shall cause a statement specifying the project, the maximum Commonwealth contribution towards the project and the approved expenditure on the project in respect of that year to be laid before each House of the Parliament.\n  (5) For the purposes of this Act, where information is furnished to the Commission in accordance with a direction under paragraph (1)(d) with respect to a building project of a university, or with respect to a building project of a college of advanced education, a non‑government teachers college or a technical and further education institution, in a State, being a building project specified in Schedule 7, Schedule 7A or Schedule 7B or a minor building project approved by the Commission in respect of a year to which this Act applies, the Commission shall, after consideration of that information, give directions to the university, or to the State, as the case may be, with respect to the manner in which the project is to be carried out.\n  (6) The Minister may vary or revoke an approval or direction given by him under this section and the Commission may vary or revoke a direction given by it under this section.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"New teaching developments","content":"##### 5 New teaching developments\n\n  (1) Where the Commission is satisfied that the provision, in a year to which this Act applies, at a relevant tertiary education institution, being a university, of any of the courses of study included in a class of courses of study would involve a new teaching development, the Commission may recommend to the Minister that he declare that class to be a class of courses of study to which this subsection applies.\n  (2) Where the Commission is satisfied that the provision, in a year to which this Act applies, at a relevant tertiary education institution other than a university, of any courses of advanced education would involve a new teaching development, the Commission may recommend to the Minister that he declare that class to be a class of courses of advanced education to which this subsection applies.\n  (3) The Minister may, on the recommendation of the Commission under subsection (1), by instrument in writing, declare a class of courses of study to be a class of courses of study to which subsection (1) applies.\n  (4) The Minister may, on the recommendation of the Commission under subsection (2), by instrument in writing, declare a class of courses of advanced education to be a class of courses of advanced education to which subsection (2) applies.\n  (5) The Commission may, in its discretion:\n\n(a) determine that it does not approve, for the purpose of grants of financial assistance under this Act, the provision at a relevant tertiary education institution, being a university, of a relevant course of study that has been introduced, or that is proposed to be introduced, by that institution in a year to which this Act applies; or\n\n(b) determine that it does not approve, for the purpose of grants of financial assistance under this Act, the provision at a relevant tertiary education institution other than a university of a relevant course of advanced education that has been introduced, or that is proposed to be introduced, at that institution in a year to which this Act applies;\n\n  and may revoke such a determination.\n  (6) As soon as practicable after the Commission makes or revokes a determination under subsection (5) relating to the provision of a relevant course of study or a relevant course of advanced education, as the case requires, at a relevant tertiary education institution, the Commission shall give notice of the making or revocation of the determination to the Minister and:\n\n(a) in a case where the relevant tertiary education institution is a university situated in a State—to the university;\n\n(b) in a case where the relevant tertiary education institution is a college of advanced education situated in a State—to the authority responsible, or principally responsible, for co‑ordination of advanced education in the State;\n\n(c) in a case where the relevant tertiary education institution is a technical and further education institution situated in a State—to the instrumentality of the State responsible, or principally responsible, for technical and further education in the State; and\n\n(d) in a case where the relevant tertiary education institution is an institution situated in the Northern Territory—to the instrumentality of the Northern Territory responsible, or principally responsible, for tertiary education in the Northern Territory.\n\n  (7) As soon as practicable after the end of each year to which this Act applies in which the Commission has made or revoked any determinations under subsection (5), the Minister shall cause a statement setting out the particulars of the determinations so made or revoked to be laid before each House of the Parliament.\n  (8) For the purposes of this Act, a determination under subsection (5) relating to the provision of a relevant course of study or a relevant course of advanced education, as the case requires, at a relevant tertiary education institution shall be deemed to come into force when notice of the making of the determination has been given:\n\n(a) in the case of a notice given under subsection (6) to a university referred to in paragraph (a) of that subsection—to the university referred to in that paragraph;\n\n(b) in the case of a notice given under subsection (6) in relation to a college of advanced education referred to in paragraph (b) of that subsection—to the authority referred to in that paragraph;\n\n(c) in the case of a notice given under subsection (6), in relation to a technical and further education institution referred to in paragraph (c) of that subsection—to the instrumentality referred to in that paragraph; and\n\n(d) in the case of a notice given under subsection (6) in relation to an institution in the Northern Territory referred to in paragraph (d) of that subsection—to the instrumentality of the Northern Territory referred to in that paragraph.\n\n  (9) As soon as practicable after the Minister makes a declaration under subsection (3) or (4), he shall cause copies of the declaration to be furnished:\n\n(a) in the case of a declaration under subsection (3)—to the State Tertiary Education Minister for each State, other than the Northern Territory; or\n\n(b) in the case of a declaration under subsection (4)—to the State Tertiary Education Minister for each State.\n\n  (10) In this section, unless the contrary intention appears:\n\n> relevant course of advanced education means a course of advanced education included in a class of courses of advanced education that is declared, in a declaration in force under subsection (4), to be a class of courses of advanced education to which subsection (2) applies.\n\n> relevant course of study means a course of study included in a class of courses of study that is declared, in a declaration in force under subsection (3), to be a class of courses of study to which subsection (1) applies.\n\n> relevant tertiary education institution means:\n\n(a) a university that is situated in a State;\n\n(b) a college of advanced education that is situated in a State;\n\n(c) a technical and further education institution that is situated in a State and at which courses of advanced education are provided; or\n\n(d) an institution that is situated in the Northern Territory and at which courses of advanced education are provided.","sortOrder":5},{"sectionNumber":"Part II","sectionType":"part","heading":"Universities","content":"## Part II—Universities","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Interpretation","content":"##### 6 Interpretation\n\n  (1) In this Part, unless the contrary intention appears, university purposes, in relation to a university, means:\n\n(a) the general teaching and research purposes of the university in connection with courses of study provided by that university (including preparatory work in connection with proposed courses of study); and\n\n(b) building projects of the university, not being building projects that involve the purchase of land, in relation to each of which the total expenditure does not exceed $50,000 or an amount equal to 0.25% of the amount specified in Column 2 of Schedule 1 in relation to that university, whichever is the lesser amount.\n\n  (2) In this Part, a reference to a teaching hospital of a university shall be read as including a reference to a hospital in which students enrolled in the Faculty of Medicine, or School of Medicine, of that university receive clinical instruction.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Grants for expenditure on university purposes","content":"##### 7 Grants for expenditure on university purposes\n\n  (1) In relation to each university specified in Column 1 of Schedule 1, there is payable to the State in which the university is situated, for the purposes of financial assistance in relation to the expenditure of the university for university purposes in respect of a year to which this Act applies, the amount specified in Schedule 1 in relation to that university and to that year.\n  (2) Financial assistance is granted to a State under subsection (1) in relation to a university in respect of a year to which this Act applies on the conditions that:\n\n(a) the State will pay each amount of that financial assistance received by it to the university without undue delay;\n\n(b) the State will ensure that the amount expended by the university for university purposes in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in relation to the university in respect of that year;\n\n(c) the State will ensure that each university situated in the State does not charge any student fees in respect of that year or a part of that year;\n\n(d) the State will ensure that the university furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the university for university purposes in respect of that year accompanied by a certificate by the auditor:\n\n(i) certifying whether he is satisfied that the prescribed staff of the university comprising each category or class of persons in respect of which the Academic Salaries Tribunal had, in a report or reports of that Tribunal, recommended a rate of salary, or a scale of rates of salary, applicable to that year or a part of that year had been paid salary, in respect of that year or that part of that year, in accordance with those recommendations; and\n\n(ii) if he is not so satisfied—certifying, in respect of each of those categories or classes of persons in respect of which he is not so satisfied, the rate or scale of rates at which salary was paid, in respect of that year or that part of that year, to the prescribed staff of the university comprising that category or class; and\n\n(e) the State will cause to be furnished to the Commission by the university, not later than such date as the Commission specifies, such statistical and other information as the Commission requires from the university in respect of the provision of tertiary education by the university during that year.\n\n  (3) Where a determination is made under subsection 5(5) relating to the provision of a course of study at a university, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course), or, if the course has been introduced at the university, in connection with the provision of the course, that is incurred by the university while the determination is in force shall not be treated as expenditure by the university for university purposes in the application of subsections (2), (5) and (7) of this section to and in relation to financial assistance granted to the State in which the university is situated in relation to the university.\n  (4) Where a purpose is specified in Column 2 of Schedule 2 or in Column 2 of Schedule 2A in relation to a university specified in Column 1 of that Schedule and an amount is specified in that Schedule in relation to that purpose and to a year to which this Act applies, financial assistance in respect of that year is granted under subsection (1) to the State in which the university is situated on the further condition that the State will ensure that the amount expended by the university in respect of that year for university purposes included in the purpose so specified is not less than that amount.\n  (5) Where the Commission is satisfied that the amount paid to a State in relation to the recurrent expenditure of a university for university purposes in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, under section 6 of the States Grants (Tertiary Education Assistance) Act 1978, or under this section, as the case requires, exceeded the amount expended by the university for those purposes in respect of the base year, the Commission shall direct that the amount (in this subsection referred to as the relevant amount) specified in Schedule 1 in relation to that university and to the year next following the base year shall be deemed to have been increased by the amount of the excess or by the prescribed amount applicable to that university in relation to the base year, whichever is the less, and, upon the Commission’s giving that direction, then, for the purposes of this Act:\n\n(a) there shall be deemed to have been specified in that Schedule (as from 1 January in the year next following the base year) in substitution for the relevant amount, the relevant amount as so increased;\n\n(b) the amount so paid to the State in relation to recurrent expenditure of that university for university purposes in respect of that first‑mentioned year shall be deemed to have been reduced by an amount equal to the amount of the excess; and\n\n(c) an amount equal to the amount of the excess shall be deemed to have been paid to the State under this Act for the purpose of financial assistance in relation to recurrent expenditure of the university for university purposes in respect of the year next following the base year.\n\n  (6) Where the amount of the excess referred to in subsection (5) in relation to a university in respect of a year exceeds the prescribed amount in relation to that university in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the university is situated, being a request made not later than 30 September next following the expiration of that year, direct that the amount (in this subsection referred to as the relevant amount) specified in Schedule 1 in relation to that university and to the next following year be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds that prescribed amount, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January in that next following year), in substitution for the relevant amount, the relevant amount as so increased.\n  (7) Where the Commission is satisfied that an amount expended by a university for university purposes in respect of a year, being the year 1981, 1982 or 1983, exceeded the sum of the amounts of financial assistance paid to the State in which that university is situated in relation to recurrent expenditure by that university for those purposes in respect of that year, under section 6 of the States Grants (Tertiary Education Assistance) Act 1978, or under this section, as the case requires, the Commission shall direct that an amount equal to the amount of the excess or the prescribed amount applicable to the university in relation to that year, whichever is the less, shall be treated as if it had been expended by the university for university purposes in respect of the next following year and, upon the Commission’s giving that direction, that amount shall be treated, for all purposes of this Act, as if it had been so expended.\n  (8) Where the amount of the excess referred to in subsection (7) in relation to a university in respect of a year exceeds the prescribed amount applicable to the university in relation to that year the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the university is situated, being a request made not later than 30 September next following the expiration of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount, shall be treated as if it had been expended by the university for university purposes in respect of the next following year, and, upon the Minister’s giving that direction, that amount shall be treated, for all purposes of this Act, as if it had been so expended.\n  (9) As soon as practicable after the Commission has given a direction under subsection (5) or (7), the Commission shall furnish to the Minister particulars of the direction.\n  (10) In this section:\n\n(a) a reference to university purposes in respect of a year, being the year 1981, 1982, 1983 or 1984, shall be read as a reference:\n\n(i) in the case of the year 1981—to university purposes within the meaning of the States Grants (Tertiary Education Assistance) Act 1978; and\n\n(ii) in the case of the year 1982, 1983 or 1984—to university purposes within the meaning of this Act; and\n\n(b) a reference to the prescribed amount applicable to a university in relation to a year, being the year 1981, 1982 or 1983, shall be read as a reference:\n\n(i) in the case of the year 1981—to 1% of the amount paid to the State in which that university is situated in relation to recurrent expenditure of that university for university purposes in respect of that year under section 6 of the States Grants (Tertiary Education Assistance) Act 1978; and\n\n(ii) in the case of the year 1982 or 1983—to 1% of the amount paid to the State in which that university is situated in relation to recurrent expenditure of that university for university purposes in respect of that year under this section.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Special research grants","content":"##### 8 Special research grants\n\n  (1) In relation to each university specified in Column 1 of Schedule 3, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to research expenses of the university in respect of a year to which this Act applies, the amount specified in Schedule 3 in relation to the university and to that year.\n  (2) Financial assistance is granted to a State under subsection (1) in relation to a university in respect of a year to which this Act applies on the conditions that:\n\n(a) the State will pay each amount of that financial assistance received by it to the university without undue delay;\n\n(b) the State will ensure that the amount expended by the university for the purpose of meeting the research expenses of the university in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the university; and\n\n(c) the State will ensure that the university furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the university for the purpose of meeting the research expenses of the university in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Research centres of excellence","content":"##### 9 Research centres of excellence\n\n  (1) The Minister may approve a proposal for expenditure upon a program of research that is submitted to him in respect of a university as a proposal deserving financial assistance under this section in respect of a specified year to which this Act applies or specified years to which this Act applies subject to such conditions as the Minister determines and may vary or revoke any such approval.\n  (2) Where the Minister approves a proposal in respect of a particular year to which this Act applies, he shall determine an amount, not exceeding the estimated expenditure on the program in that year, as the amount of approved expenditure on the proposal in respect of that year.\n  (3) Subject to subsection (4), in relation to each approved proposal for expenditure, there is payable to the State in which is situated the university in respect of which the proposal was submitted, in respect of each year in respect of which the proposal is approved, for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the university in connection with the approved proposal in respect of that year, an amount equal to the amount of the approved expenditure on the proposal in respect of that year.\n  (4) The total of the amounts determined by the Minister to be the amounts of approved expenditure in respect of all proposals approved by him under this section in respect of all of the years to which this Act applies shall not exceed $14,300,000.\n  (5) Financial assistance is granted to a State under subsection (3) in relation to approved proposals for expenditure by a university in respect of a year to which this Act applies on the conditions that:\n\n(a) the State will pay each amount of that financial assistance received by it to the university without undue delay;\n\n(b) the State will ensure that the sum of the amounts expended by the university in connection with approved proposals of the university in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to approved proposals of the university in respect of that year; and\n\n(c) the State will ensure that the university furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure by the university in connection with approved proposals of the university in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Grants for equipment","content":"##### 10 Grants for equipment\n\n  (1) A university specified in Column 1 of Schedule 4 may, from time to time, submit for the approval of the Commission proposals for expenditure on equipment for use by the university.\n  (2) The Commission may approve a proposal submitted to it by a university under subsection (1) as an approved proposal of the university in respect of a year to which this section applies subject to such conditions as the Commission determines, and may revoke or vary any such approval.\n  (3) Subject to subsection (4), in relation to each approved proposal for expenditure by a university in respect of a year to which this section applies on equipment, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the university in connection with the approved proposal, an amount equal to the amount of the proposed expenditure.\n  (4) The sum of the amounts payable to a State under subsection (3) in respect of approved proposals for expenditure by a university in respect of a year to which this section applies shall not exceed the amount specified opposite to the name of that university in the column of Schedule 4 that relates to that year.\n  (5) Financial assistance is granted to a State under this section in relation to approved proposals of a university in respect of a year to which this section applies on the conditions that:\n\n(a) the State will pay each amount of that financial assistance received by it to the university without undue delay;\n\n(b) the State will ensure that the sum of the amounts expended by the university in connection with approved proposals of the university in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to approved proposals of the university in respect of that year; and\n\n(c) the State will ensure that the university furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure by the university in connection with approved proposals of the university in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.\n\n  (6) Financial assistance is granted to a State under this section in relation to approved proposals of a university in respect of the year 1982, being a university specified in Column 1 of Schedule 5, on the further condition that the State will ensure that the sum of the amounts expended by the university in connection with approved proposals of the university in respect of that year in respect of equipment specified in Column 2 of Schedule 5 in relation to the university, being amounts expended before 1 January 1983 or expended on or after that date in respect of commitments entered into before that date, is not less than the amount specified in Column 3 of Schedule 5 in relation to that equipment.\n  (7) In this section, year to which this section applies means the year 1982, the year 1983 or the year 1984.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Recurrent grants in respect of student residences and affiliated colleges","content":"##### 11 Recurrent grants in respect of student residences and affiliated colleges\n\n  (1) The Minister shall, for the purposes of this section, determine principles for calculating the amount of financial assistance that is payable to each State in respect of each student residence, or affiliated college, of a university situated in that State in respect of a year to which this Act applies, and may vary or revoke any determination so made.\n  (2) Subject to subsection (3), there is payable to each State, for the purpose of financial assistance in relation to a student residence, or an affiliated college, of a university situated in that State, in respect of a year to which this Act applies, such amount as the Commission determines, in accordance with a determination made by the Minister under subsection (1) that is in force, to be the amount of financial assistance that is payable in respect of that student residence or affiliated college in respect of that year.\n  (3) The total of the amounts payable under subsection (2) in respect of all student residences, and affiliated colleges, of universities shall not exceed:\n\n(a) in respect of the year 1982—$4,070,000;\n\n(b) in respect of the year 1983—$4,450,000; or\n\n(c) in respect of the year 1984—$3,613,000.\n\n  (4) Financial assistance is granted to a State under this section in relation to a student residence or affiliated college of a university in respect of a year to which this Act applies on the conditions that:\n\n(a) the State will pay each amount of that financial assistance received by it to the university or to the body administering the student residence or affiliated college without undue delay;\n\n(b) the State will ensure that the amount expended by the university or other body administering the student residence or affiliated college, for the provision of tutorial assistance to students of, and for meeting the administrative costs of, the student residence or affiliated college in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to that student residence or affiliated college in respect of that year; and\n\n(c) the State will ensure that the university or other body administering the student residence or affiliated college furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the university or other body for the provision of the tutorial assistance, and for meeting the administrative costs, referred to in paragraph (b).\n\n  (5) This section does not apply in relation to a student residence or affiliated college that does not provide collegiate accommodation.\n  (6) In this section:\n\n> affiliated college, in relation to a university, means a residential college (not being a student residence) affiliated with the university and approved by the Commission, for the purpose of this Act, as an affiliated college.\n\n> collegiate accommodation means residential accommodation (including related facilities) for students of a university, being accommodation that, having regard to the facilities and services provided for the students, is, in the opinion of the Commission, of a collegiate nature.\n\n> student residence, in relation to a university, means a hall, college or other establishment at which any students of the university reside, being an establishment:\n\n(a) administered by the university or by a body corporate established by the university; and\n\n(b) approved by the Commission, for the purposes of this Act, as a student residence.\n\n  (7) The Commission shall, as soon as practicable after making a determination under subsection (2), cause a copy of that determination to be furnished to the Minister.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Recurrent grants in respect of teaching hospitals","content":"##### 12 Recurrent grants in respect of teaching hospitals\n\n  (1) Where a university is specified in Column 1 of Schedule 6 and an amount is specified in that Schedule in relation to that university and to a year to which this Act applies, there is payable to the State in which the university is situated, for the purpose of financial assistance in respect of contributions by the university towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the university, the amount so specified.\n  (2) Financial assistance is granted to a State under subsection (1) in relation to the teaching hospital or teaching hospitals of a university in respect of a year to which this Act applies on the conditions that:\n\n(a) the State will pay each amount of that financial assistance received by it to the university without undue delay;\n\n(b) the State will ensure that the amount expended by the university in making contributions towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the university is not less than the sum of the amounts paid to the State by way of financial assistance under this section in relation to the teaching hospital or teaching hospitals of the university in respect of that year; and\n\n(c) the State will ensure that the university furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the university in making contributions towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the university.\n\n  (3) In this section, appropriate costs, in relation to a teaching hospital of a university, means:\n\n(a) expenditure (other than expenditure on building projects or expenditure on the purchase of equipment) incurred by the hospital in relation to parts of the hospital used exclusively by students enrolled in the Faculty of Medicine, or School of Medicine, of the university, by students enrolled in the Faculty of Medicine, or School of Medicine, of any other university in relation to which that hospital is a teaching hospital and by their teachers and to facilities and equipment so used in connection with those parts of the hospital; and\n\n(b) expenditure, up to an amount of $3,300, incurred in the purchase of books and periodicals for the medical library of the hospital.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Building projects","content":"##### 13 Building projects\n\n  (1) Subject to subsection (3), in relation to each building project specified, in relation to a university, in Column 2 of Part I of Schedule 7, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1982, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2.\n  (2) The Commission may approve a minor building project submitted to it by a university as an approved minor building project of the university in respect of the year 1982 and, where it does so, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1982.\n  (3) Subject to subsection (4), where the Commission approves, under subsection (2), a minor building project of a university in respect of the year 1982, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1982, an amount equal to the amount of the approved expenditure on the project in respect of the year 1982.\n  (4) The total of the amounts payable to a State under subsection (3), in relation to a university specified in Column 1 of Part II of Schedule 7, shall not exceed the amount specified in Column 2 of that Part of that Schedule in relation to the university.\n  (5) The Commission may approve an amount as the amount of the approved expenditure in respect of the year 1982 on a design project of a university specified in Part III of Schedule 7.\n  (6) Subject to subsection (7), where the Commission approves an amount as the amount of the approved expenditure, in respect of the year 1982, on a design project of a university specified in Part III of Schedule 7, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1982, an amount equal to the amount of that approved expenditure.\n  (7) The total of the amounts payable to all the States under subsection (6) shall not exceed the amount set out in Part III of Schedule 7 as the total of the grants payable in respect of design projects specified in that Part.\n  (8) The Commission may revoke or vary an approval given under subsection (2) or (5) and, if it varies the amount of the approved expenditure on a project in respect of the year 1982, then, for the purposes of this Act, the amount as so varied shall be deemed:\n\n(a) in the case of a project approved under subsection (2)—as from the date on which the project was so approved; or\n\n(b) in the case of a design project specified in Part III of Schedule 7—as from the date on which an approval was given under subsection (5) in respect of the project;\n\n  to have been the amount of the approved expenditure on the project in respect of the year 1982.\n  (9) Where the amount expended in relation to work carried out before 1 January 1982 in connection with a building project that is specified in relation to a university in Column 2 of Part I of Schedule 7B to the States Grants (Tertiary Education Assistance) Act 1978 exceeds the sum of the amounts paid to the State in which the university is situated in relation to the project under that Act or under any previous Act that granted financial assistance to the States in relation to universities, the Minister may, if an amount is specified in Part I of Schedule 7 to this Act in relation to that project, at the request of the State made to him not later than 30 September 1982, direct that an amount specified in the direction, being an amount that does not exceed the amount of that excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1982 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1982.","sortOrder":14},{"sectionNumber":"13A","sectionType":"section","heading":"Building projects in respect of the year 1983 etc.","content":"##### 13A Building projects in respect of the year 1983 etc.\n\n  (1) Subject to subsection (3), in relation to each building project specified, in relation to a university, in Column 2 of Part I of Schedule 7A, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1983, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2.\n  (2) The Commission may approve a minor building project submitted to it by a university as an approved minor building project of the university in respect of the year 1983 and, where it does so, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1983.\n  (3) Subject to subsection (4), where the Commission approves, under subsection (2), a minor building project of a university in respect of the year 1983, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1983, an amount equal to the amount of the approved expenditure on the project in respect of the year 1983.\n  (4) The total of the amounts payable to a State under subsection (3), in relation to a university specified in Column 1 of Part II of Schedule 7A, shall not exceed the amount specified in Column 2 of that Part of that Schedule in relation to the university.\n  (5) The Commission may approve an amount as the amount of the approved expenditure in respect of the year 1983 on a design project of a university specified in Part III of Schedule 7A.\n  (6) Subject to subsection (7), where the Commission approves an amount as the amount of the approved expenditure, in respect of the year 1983, on a design project of a university specified in Part III of Schedule 7A, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1983, an amount equal to the amount of that approved expenditure.\n  (7) The total of the amounts payable to all the States under subsection (6) shall not exceed the amount set out in Part III of Schedule 7A, as the total of the grants payable in respect of design projects specified in that Part.\n  (8) The Commission may revoke or vary an approval given under subsection (2) or (5) and, if it varies the amount of the approved expenditure on a project in respect of the year 1983, then, for the purposes of this Act, the amount as so varied shall be deemed:\n\n(a) in the case of a project approved under subsection (2)—as from the date on which the project was so approved; or\n\n(b) in the case of a design project specified in Part III of Schedule 7A—as from the date on which an approval was given under subsection (5) in respect of the project;\n\n  to have been the amount of the approved expenditure on the project in respect of the year 1983.\n  (9) Where the amount expended in relation to work carried out before 1 January 1983 in connection with a building project that is specified in relation to a university in Column 2 of Part I of Schedule 7 exceeds the sum of the amounts paid to the State in which the university is situated, before 1 January 1983, in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to universities, the Minister may, if an amount is specified in Part I of Schedule 7A to this Act in relation to that project, at the request of the State made to him not later than 30 September 1983, direct that an amount specified in the direction, being an amount that does not exceed the amount of that excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1983 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1983.","sortOrder":15},{"sectionNumber":"13B","sectionType":"section","heading":"Building projects in respect of the year 1984","content":"##### 13B Building projects in respect of the year 1984\n\n  (1) Subject to subsection (3), in relation to each building project specified, in relation to a university, in Column 2 of Part I of Schedule 7B, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1984, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2.\n  (2) The Commission may approve a minor building project submitted to it by a university as an approved minor building project of the university in respect of the year 1984 and, where it does so, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1984.\n  (3) Subject to subsection (4), where the Commission approves, under subsection (2), a minor building project of a university in respect of the year 1984, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1984, an amount equal to the amount of the approved expenditure on the project in respect of the year 1984.\n  (4) The total of the amounts payable to a State under subsection (3), in relation to a university specified in Column 1 of Part II of Schedule 7B, shall not exceed the amount specified in Column 2 of that Part of that Schedule in relation to the university.\n  (5) The Commission may approve an amount as the amount of the approved expenditure in respect of the year 1984 on a design project of a university specified in Part III of Schedule 7B.\n  (6) Subject to subsection (7), where the Commission approves an amount as the amount of the approved expenditure, in respect of the year 1984, on a design project of a university specified in Part III of Schedule 7B, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1984, an amount equal to the amount of that approved expenditure.\n  (7) The total of the amounts payable to all the States under subsection (6) shall not exceed the amount set out in Part III of Schedule 7B as the total of the grants payable in respect of design projects specified in that Part.\n  (8) The Commission may revoke or vary an approval given under subsection (2) or (5) and, if it varies the amount of the approved expenditure on a project in respect of the year 1984, then, for the purposes of this Act, the amount as so varied shall be deemed:\n\n(a) in the case of a project approved under subsection (2)—as from the date on which the project was so approved; or\n\n(b) in the case of a design project specified in Part III of Schedule 7B—as from the date on which an approval was given under subsection (5) in respect of the project;\n\n  to have been the amount of the approved expenditure on the project in respect of the year 1984.\n  (9) Where the amount expended in relation to work carried out before 1 January 1984 in connection with a building project that is specified in relation to a university in Column 2 of Part I of Schedule 7A exceeds the sum of the amounts paid to the State in which the university is situated, before 1 January 1984, in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to universities, the Minister may, if an amount is specified in Part I of Schedule 7B to this Act in relation to that project, at the request of the State made to him not later than 30 September 1984, direct that an amount specified in the direction, being an amount that does not exceed the amount of the excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1984 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1984.","sortOrder":16},{"sectionNumber":"Part III","sectionType":"part","heading":"Advanced Education","content":"## Part III—Advanced Education","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Interpretation","content":"##### 14 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> approved authority, in relation to a non‑government teachers college, means such person or body as the Minister declares, in writing, to be an approved authority of that college for the purposes of this section.\n\n> college purposes, in relation to a college of advanced education, means:\n\n(a) the general teaching purposes of the college in connection with courses of advanced education provided at the college (including preparatory work in connection with such courses);\n\n(b) the provision by the college of courses of continuing education in accordance with a program of continuing education of the college that is approved by the responsible authority for the State in which the college is situated; and\n\n(c) building projects of the college, not being building projects involving the purchase of land, in relation to each of which the total expenditure does not exceed $50,000 or an amount equal to 0.25% of the amount specified in the column of Schedule 8 that relates to the year in which work on the project was commenced, whichever is the lesser amount.\n\n  (2) In sections 23, 24 and 25, references to a certificate by a qualified accountant shall be read as references to a certificate signed by:\n\n(a) a person who is registered as a company auditor or a public accountant under a law of a State or Territory;\n\n(b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or\n\n(c) a person approved by the Minister as a qualified accountant for the purposes of those sections.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Grants for expenditure by colleges of advanced education for college purposes","content":"##### 15 Grants for expenditure by colleges of advanced education for college purposes\n\n  (1) In relation to each college of advanced education specified in Column 1 of Part I of Schedule 8, there is payable to the State in which the college is situated, for the purposes of financial assistance in relation to the expenditure of the college for college purposes in respect of a year to which this Act applies, the amount specified in Part I of Schedule 8 in relation to that college and to that year.\n  (2) Financial assistance is granted to a State under subsection (1) in relation to a college of advanced education in respect of a year to which this Act applies on the conditions that:\n\n(a) the State will pay each amount of that financial assistance received by it to the college without undue delay;\n\n(b) the State will ensure that the total amount expended by the college for college purposes in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in relation to the college in respect of that year;\n\n(c) the State will ensure that each college of advanced education situated in the State does not charge any student fees in respect of that year or a part of that year;\n\n(d) the State will ensure that the college furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the college for college purposes in respect of that year accompanied by a certificate by the auditor:\n\n(i) certifying whether he is satisfied that the prescribed staff of the college comprising each category or class of persons in respect of which the Academic Salaries Tribunal had, in a report or reports of that Tribunal, recommended a rate of salary, or a scale of rates of salary, applicable to that year or a part of that year had been paid salary, in respect of that year or that part of that year, in accordance with those recommendations; and\n\n(ii) if he is not so satisfied—certifying, in respect of each of those categories or classes of persons in respect of which he is not so satisfied, the rate or scale of rates at which salary was paid, in respect of that year or that part of that year, to the prescribed staff of the college comprising that category or class; and\n\n(e) the State will cause to be furnished to the Commission by the college, not later than such date as the Commission specifies, such statistical and other information as the Commission requires from the college in respect of the provision of tertiary education by the college during that year.\n\n  (3) Where a college of advanced education is specified in Column 1 of Part IV of Schedule 8 and an amount is specified opposite to the name of that college in Column 2 or 3 of that Part, financial assistance in respect of the year to which that Column relates is granted under subsection (1) to the State in which the college of advanced education is situated on the further condition that the State will ensure that the amount expended by the college in respect of that year for college purposes, being purposes that will enable the college to provide, or develop and provide, courses in applied science, technology or business studies, is not less than the amount specified opposite to the name of that college in that Column.\n  (4) Where a determination is made under subsection 5(5) relating to the provision of a course of advanced education at a college, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course), or, if the course has been introduced at the college, in connection with the provision of the course, that is incurred by the college while the determination is in force, shall not be treated as expenditure by the college for college purposes in the application of subsection (2) of this section and section 17 to and in relation to financial assistance granted to a State in relation to the college.\n  (5) In determining, for the purposes of subsection (2) of this section and section 17, the amount expended by a college of advanced education for college purposes in respect of a year, where the total expenditure incurred by the college in connection with the provision, in respect of that year, of courses of continuing education provided in accordance with a program of continuing education approved by the responsible authority for the State in which the college is situated exceeds the greater of $50,000 and an amount equal to 1% of the amount specified in Part I of Schedule 8 in relation to the college, an amount equal to the greater of those amounts shall be treated as the total amount of expenditure so incurred.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Grants for expenditure in connection with the provision of courses of advanced education in technical and further education institutions","content":"##### 16 Grants for expenditure in connection with the provision of courses of advanced education in technical and further education institutions\n\n  (1) There is payable to a State specified in Part II of Schedule 8, for the purposes of financial assistance in relation to recurrent expenditure incurred by the State and by instrumentalities of the State in connection with the provision, in respect of a year to which this Act applies, at technical and further education institutions situated in that State, of courses of advanced education, the amount specified in that Part in relation to that State and that year.\n  (2) Financial assistance is granted to a State under subsection (1) in relation to the provision, at technical and further education institutions situated in that State, of courses of advanced education in respect of a year to which this Act applies on the conditions that:\n\n(a) the State will ensure that the total of the amounts expended by the State and by instrumentalities of the State by way of recurrent expenditure in connection with the provision of courses of advanced education at those institutions is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in respect of that year;\n\n(b) the State will ensure that each technical and further education institution situated in the State at which courses of advanced education are provided does not charge any student fees in respect of that year or a part of that year;\n\n(c) the State will furnish to the Commission, not later than 30 September next following the end of that year, a statement by an approved auditor within the meaning of Part IV, in accordance with a form approved by the Commission, as to the total expenditure, in respect of that year, by the State and by instrumentalities of the State, by way of recurrent expenditure, in connection with the provision, at those institutions, of courses of advanced education; and\n\n(d) the State will cause to be furnished to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires in respect of the provision at those institutions of courses of advanced education.\n\n  (3) Financial assistance is granted to the State of New South Wales under subsection (1) on the further condition that the State will ensure that of the total of the amounts expended by the State and by instrumentalities of the State in connection with the provision, at technical and further education institutions situated in the State, of courses of advanced education in respect of the year 1982, not less than $30,000 is expended upon the provision, or the development and provision, of courses of advanced education in applied science, technology or business studies at one or more of those institutions in respect of that year.\n  (4) Where a determination is made under subsection 5(5) relating to the provision of a course of advanced education at a technical and further education institution situated in a State, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course) or, if the course has been introduced at the institution, in connection with the provision of the course, that is incurred by the State or by an instrumentality of the State while the determination is in force shall not be treated as expenditure by the State or by an instrumentality of the State by way of recurrent expenditure in connection with the provision of courses of advanced education at technical and further education institutions in the application of subsection (2) of this section and section 17 to and in relation to financial assistance granted to that State under subsection (1) of this section.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Carry‑forward of amounts specified under Schedule 8","content":"##### 17 Carry‑forward of amounts specified under Schedule 8\n\n  (1) Where the Commission is satisfied that the amount paid to a State in relation to recurrent expenditure of a college of advanced education for college purposes in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, under subsection 14 (1) of the States Grants (Tertiary Education Assistance) Act 1978, or under section 15 of this Act, as the case requires, exceeded the amount expended by the college for those purposes in respect of the base year, the Commission shall direct that the amount (in this subsection referred to as the relevant amount) specified in Part I of Schedule 8 in relation to that college and the year next following the base year shall be deemed to have been increased by the amount of the excess or by the prescribed amount applicable to that college in relation to the base year, whichever is the less, and, upon the Commission’s giving that direction, then, for the purposes of this Act:\n\n(a) there shall be deemed to have been specified in Schedule 8 (as from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased;\n\n(b) the amount so paid to the State in relation to the recurrent expenditure of that college for college purposes in respect of the base year shall be deemed to have been reduced by an amount equal to the amount of the excess; and\n\n(c) an amount equal to the amount of the excess shall be deemed to have been paid to the State under this Act for the purpose of financial assistance in relation to the recurrent expenditure of the college for college purposes in respect of the year next following the base year.\n\n  (2) Where the Commission is satisfied that the amount paid to a State, in relation to recurrent expenditure of the State and of instrumentalities of the State in connection with the provision, in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, under subsection 14(5) of the States Grants (Tertiary Education Assistance) Act 1978, or under section 16 of this Act, as the case requires, at technical and further education institutions of courses of advanced education, exceeded the amount expended by the State and by those instrumentalities in connection with the provision, in respect of the base year, at technical and further education institutions situated in the State, of courses of advanced education, the Commission shall direct that the amount (in this subsection referred to as the relevant amount) specified in Part II of Schedule 8 in relation to that State and the year next following the base year, shall be deemed to have been increased by the amount of the excess or by the prescribed amount applicable to the State in relation to the base year, whichever is the less, and, upon the Commission’s giving that direction, then, for the purposes of this Act:\n\n(a) there shall be deemed to have been specified in Schedule 8 (as from 1 January in the year next following the base year) in substitution for the relevant amount, the relevant amount as so increased;\n\n(b) the amount so paid to the State in relation to the recurrent expenditure of the State and those instrumentalities in connection with the provision, in respect of the base year at technical and further education institutions situated in the State, of courses of advanced education shall be deemed to have been reduced by an amount equal to the amount of the excess; and\n\n(c) an amount equal to the amount of the excess shall be deemed to have been paid to the State under this Act for the purpose of financial assistance in relation to the recurrent expenditure of the State and of those instrumentalities in connection with the provision, in respect of the year next following the base year, at technical and further education institutions situated in the State, of courses of advanced education.\n\n  (3) Where the amount of the excess referred to in subsection (1) in relation to a college of advanced education in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, exceeds the prescribed amount in relation to that college in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the college is situated, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount) specified in Part I of Schedule 8 in relation to that college and the year next following the base year shall be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount in relation to that college in respect of the base year, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased.\n  (4) Where the amount of the excess referred to in subsection (2) in relation to a State in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, exceeds the prescribed amount in relation to that State in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount) specified in Part II of Schedule 8 in relation to that State and the year next following the base year shall be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount in relation to that State in respect of the base year, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased.\n  (5) Where the aggregate of the amounts paid to a State in relation to the recurrent expenditure of all the colleges of advanced education in the State for college purposes in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, under subsection 14(1) of the States Grants (Tertiary Education Assistance) Act 1978 or section 15 of this Act, whichever is appropriate, and the amounts (if any) paid to the State under subsection 14(5) of the States Grants (Tertiary Education Assistance) Act 1978 or section 16 of this Act, whichever is appropriate, in respect of that year and the amount (if any) specified in relation to that State in Part III of Schedule 8 to the States Grants (Tertiary Education Assistance) Act 1978 or in Part III of Schedule 8 to this Act, whichever is appropriate, upon the expiration of that year, exceeded the sum of:\n\n(a) the respective amounts expended by each of the colleges in the State in respect of recurrent expenditure for college purposes in respect of that year;\n\n(b) the amount (if any) expended by the State and by instrumentalities of the State in connection with the provision, in respect of that year, at technical and further education institutions situated in the State, of courses of advanced education;\n\n(c) the amounts (if any) by which the amounts specified in Part I of Schedule 8 in relation to colleges situated in the State and to the year next following the base year have been increased under this section; and\n\n(d) the amount (if any) by which the amount specified in Part II of Schedule 8 in relation to the State and to the year next following the base year has been increased under this section;\n\n  the Minister may, at the request of the State, being a request made not later than 30 September of the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount) specified in Part III of that Schedule in relation to the State and the year next following the base year shall be increased by an amount specified in the direction, being an amount not exceeding the amount of the excess, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January of the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased.\n  (6) The Minister shall not, after he has given a direction under subsection (5) in relation to a State and to a year, give a direction or a further direction in relation to the State and to that year under subsection (3) or (4).\n  (7) Where the Commission is satisfied that the amount expended by a college of advanced education for college purposes in respect of a year, being the year 1981, 1982 or 1983, exceeded the sum of the amounts of financial assistance paid to the State in which that college is situated in relation to recurrent expenditure by that college for such purposes in respect of that year, under subsection 14(1) of the States Grants (Tertiary Education Assistance) Act 1978, or under section 15 of this Act, as the case requires, the Commission shall direct that an amount equal to the amount of the excess or the prescribed amount applicable to the college in relation to that year, whichever is the less, shall be treated as if it had been expended by the college for college purposes in respect of the next following year, and, upon the Commission’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended.\n  (8) Where the Commission is satisfied that the amount expended by a State and by instrumentalities of a State in connection with the provision, in respect of a year, being the year 1981, 1982 or 1983, at technical and further education institutions situated in that State, of courses of advanced education exceeded the sum of the amounts of financial assistance paid to the State in relation to recurrent expenditure incurred in connection with the provision, in respect of that year, at technical and further education institutions situated in that States Grants (Tertiary Education Assistance) Act 1978, or under section 16 of this Act, as the case requires, the Commission shall direct that an amount equal to the amount of the excess or the prescribed amount applicable to the State in relation to that year, whichever is the less, shall be treated as if it had been expended by the State, in connection with the provision, in respect of the next following year, at technical and further education institutions situated in that State, of courses of advanced education, and, upon the Commission’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended.\n  (9) Where the amount of the excess referred to in subsection (7) in relation to a college of advanced education in respect of a year exceeds the prescribed amount in relation to that college in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the college is situated, being a request made not later than 30 September next following the expiration of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount, shall be treated as if it had been expended by the college for college purposes in respect of the next following year, and, upon the Minister’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended.\n  (10) Where the amount of the excess referred to in subsection (8) in relation to a State in respect of a year exceeds the prescribed amount in relation to that State in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State, being a request made not later than 30 September next following the expiration of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount, shall be treated as if it had been expended by the State in connection with the provision, in respect of the next following year, at technical and further education institutions situated in the State, of courses of advanced education, and, upon the Minister’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended.\n  (11) As soon as practicable after the Commission has given a direction under subsection (1), (2), (7) or (8), the Commission shall furnish to the Minister particulars of the direction.\n  (12) In this section:\n\n(a) a reference to college purposes in respect of a year, being the year 1981, 1982, 1983 or 1984, shall be read as a reference:\n\n(i) in the case of the year 1981—to college purposes within the meaning of the States Grants (Tertiary Education Assistance) Act 1978; and\n\n(ii) in the case of the year 1982, 1983 or 1984—to college purposes within the meaning of this Act;\n\n(b) a reference to the prescribed amount applicable to a college of advanced education in relation to a year, being the year 1981, 1982 or 1983, shall be read as a reference:\n\n(i) in the case of the year 1981—to the greater of $50,000 and an amount equal to 1% of the amount paid to the State in which the college is situated in relation to recurrent expenditure of that college for college purposes in respect of that year under subsection 14(1) of the States Grants (Tertiary Education Assistance) Act 1978; and\n\n(ii) in the case of the year 1982 or 1983—to the greater of $50,000 and an amount equal to 1% of the amount paid to the State in which the college is situated in relation to recurrent expenditure of that college for college purposes in respect of that year under section 15; and\n\n(c) a reference to the prescribed amount applicable to a State, in relation to expenditure in connection with the provision, in respect of a year, being the year 1981, 1982 or 1983, at technical and further education institutions situated in the State of courses of advanced education, shall be read as a reference:\n\n(i) in the case of the year 1981—to the greater of $50,000 and an amount equal to 1% of the amount paid to the State in relation to recurrent expenditure of the State and instrumentalities of the State in connection with the provision, in respect of that year, at technical and further education institutions in that State of courses of advanced education, under subsection 14(5) of the States Grants (Tertiary Education Assistance) Act 1978; and\n\n(ii) in the case of the year 1982 or 1983—to the greater of $50,000 and an amount equal to 1% of the amount paid to the State in relation to recurrent expenditure of the State and instrumentalities of the State in connection with the provision, in respect of that year, at technical and further education institutions situated in that State of courses of advanced education under section 16.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Variation of amounts specified in Schedule 8","content":"##### 18 Variation of amounts specified in Schedule 8\n\n  (1) At any time, and from time to time, during a year to which this Act applies, but subject to this section, the Minister may direct that this Act has effect as if all or any of the amounts specified in Part I, Parts I and III, or Parts II and III, of Schedule 8 in relation to that year were varied in accordance with that direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule (as from the commencement date in respect of that year), in substitution for those amounts, the amounts as so varied.\n  (2) At any time, and from time to time, during a year to which this Act applies, but subject to this section, the Commission may direct that this Act has effect as if all or any of the amounts specified in Part I, Parts I and III, or Parts II and III, of Schedule 8 in respect of that year were varied in accordance with the direction, and, where the Commission gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule (as from the commencement date in respect of that year), in substitution for those amounts, the amounts as so varied.\n  (3) A direction shall not be given under subsection (1) or (2) with respect to an amount specified in Part I of Schedule 8 opposite to the name of a college of advanced education situated in a State, or with respect to an amount specified in Part II or Part III of Schedule 8 opposite to the name of a State, except at the request of the State.\n  (4) The Commission shall not give a direction under subsection (2) that will have the effect of varying an amount specified in a column of Part I of Schedule 8 opposite to the name of a college of advanced education or in a column of Part II of that Schedule opposite to the name of a State:\n\n(a) if that amount has previously been varied in accordance with a direction given under subsection (1); or\n\n(b) if the amount as so varied would be greater or less, by more than $300,000, than the amount that is specified, or the amount that would, but for any direction or directions previously given under this section, be the amount that is specified, in that column opposite to the name of that State.\n\n  (5) A direction shall not be given under subsection (1) or (2) during a year to which this Act applies:\n\n(a) in a case where the direction relates only to amounts specified in Part I of Schedule 8 in respect of that year—that would have the effect of varying the amount in that Part in such a way that, after the variation, the aggregate of the amounts specified in that Part in relation to that year is greater or less than the aggregate of those amounts before the giving of that direction; and\n\n(b) in a case where the direction relates to amounts specified in Parts I and III, or Parts II and III, of Schedule 8 in respect of that year—that would have the effect of varying the amounts in those Parts in such a way that after the variation the aggregate of the amounts specified in those Parts in relation to that year is greater or less than the aggregate of those amounts before the giving of that direction.\n\n  (6) As soon as practicable after the Commission has given a direction under subsection (2), the Commission shall furnish to the Minister particulars of the direction.\n  (7) As soon as practicable after the Minister has given a direction under subsection (1), or has been furnished under subsection (6) with particulars of a direction given by the Commission under subsection (2), the Minister shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.\n  (8) In this section, a reference to the commencement date in respect of a year shall be read as a reference:\n\n(a) in the case of the year 1982—to the date on which this Act receives the Royal Assent;\n\n(b) in the case of the year 1983—to 1 January 1983; and\n\n(c) in the case of the year 1984—to 1 January 1984.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Grants for equipment","content":"##### 19 Grants for equipment\n\n  (1) A State may, from time to time, submit for the approval of the Commission proposals for expenditure by a college of advanced education situated in that State on equipment for use by the college.\n  (2) The Commission may approve a proposal submitted to it under subsection (1) in relation to a college of advanced education as an approved proposal for expenditure by the college in respect of a year to which this section applies on equipment subject to such conditions as the Commission determines, and may revoke or vary any such approval.\n  (3) Subject to subsection (4), in relation to each approved proposal for expenditure by a college of advanced education in respect of a year to which this section applies on equipment, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the college or by the body administering the college in connection with the approved proposal, an amount equal to the amount of the proposed expenditure.\n  (4) The sum of the amounts payable to a State under subsection (3) in respect of approved proposals for expenditure by colleges in respect of a year to which this section applies shall not exceed the amount specified in relation to that State in the column of Schedule 9 that relates to that year.\n  (5) Financial assistance is granted to a State under subsection (3) in relation to approved proposals for expenditure by a college of advanced education in respect of a year to which this section applies on the conditions that:\n\n(a) the State will, without undue delay, pay to the college each amount paid to it under subsection (3) in relation to those proposals;\n\n(b) the State will ensure that the sum of the amounts expended by the college in connection with approved proposals for expenditure by the college in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under subsection (3) in relation to approved proposals of the college in respect of that year; and\n\n(c) the State will cause to be furnished to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the college in connection with approved proposals for expenditure by the college in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.\n\n  (6) In this section, year to which this section applies means the year 1982, the year 1983 or the year 1984.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Recurrent grants in respect of student residences and affiliated colleges","content":"##### 20 Recurrent grants in respect of student residences and affiliated colleges\n\n  (1) The Minister shall, for the purposes of this section, determine principles for calculating the amount of financial assistance that is payable to a State in relation to the student residence or student residences of a college of advanced education, or of a non‑government teachers college, situated in the State or in relation to an affiliated college of a college of advanced education situated in the State, in respect of a year to which this Act applies, and may vary or revoke any determination so made.\n  (2) Subject to subsection (3), there is payable to a State, for the purpose of financial assistance in relation to the student residence or student residences of a college of advanced education, or of a non‑government teachers college, situated in the State or in relation to an affiliated college of a college of advanced education situated in that State, in respect of a year to which this Act applies, such amount as the Commission determines, in accordance with a determination made by the Minister under subsection (1) that is in force, to be an amount of financial assistance that is payable in relation to that student residence or those student residences, or in relation to that affiliated college, in respect of that year.\n  (3) The total of the amounts payable under subsection (2) in relation to all student residences of colleges of advanced education and non‑government teachers colleges and in relation to all affiliated colleges of colleges of advanced education shall not exceed:\n\n(a) in respect of the year 1982—$1,250,000;\n\n(b) in respect of the year 1983—$1,358,000; or\n\n(c) in respect of the year 1984—$1,101,000.\n\n  (4) Financial assistance is granted to a State in accordance with this section in relation to the student residence or student residences, or to an affiliated college, of a college of advanced education in respect of a year to which this Act applies on the conditions that:\n\n(a) in the case of financial assistance in relation to the student residence or student residences of a college of advanced education:\n\n(i) the State will, without undue delay, pay to the college of advanced education each amount of that financial assistance paid to it in relation to the student residence or student residences;\n\n(ii) the State will ensure that the amount expended by, or on behalf of, the college of advanced education for the provision of tutorial assistance to students of, and for meeting the administrative costs of, the student residence or student residences in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the student residence or student residences of the college in respect of that year; and\n\n(iii) the State will ensure that the college of advanced education furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure by, or on behalf of, the college for the provision of the tutorial assistance and for meeting the administrative costs referred to in subparagraph (ii); and\n\n(b) in the case of financial assistance in relation to an affiliated college of a college of advanced education:\n\n(i) the State will, without undue delay, pay to the college of advanced education or other body administering the affiliated college an amount equal to each amount paid to the State under this section in relation to that affiliated college;\n\n(ii) the State will ensure that the amount expended by the college of advanced education or other body administering the affiliated college for the provision of tutorial assistance to students of, and for meeting the administrative costs of, that affiliated college in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to that affiliated college in respect of that year; and\n\n(iii) the State will ensure that the college of advanced education or other body administering the affiliated college furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the college or other body for the provision of the tutorial assistance and for meeting the administrative costs referred to in subparagraph (ii).\n\n  (5) Financial assistance is granted to a State in accordance with this section in relation to the student residence or student residences of the non‑government teachers college situated in that State in respect of a year to which this Act applies on the conditions that:\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the non‑government teachers college each amount of that financial assistance paid to it in relation to that student residence or those student residences;\n\n(b) the State will not make a payment to the approved authority of the non‑government teachers college under this section in relation to that student residence or those student residences in respect of that year unless the approved authority, before or at the time of accepting the first payment under this section in relation to that student residence or those student residences in respect of that year, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that the sum of the amounts expended by, or on behalf of, the non‑government teachers college for the provision of tutorial assistance to students of, and for meeting the administrative costs of, the student residence or student residences in respect of that year is not less than the sum of the amounts of financial assistance paid to the approved authority under this section in relation to the student residence or student residences of the college in respect of that year;\n\n(ii) the approved authority will cause to be furnished to the Commission, not later than 30 September next following the expiration of that year, a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) has been fulfilled; and\n\n(iii) if the approved authority does not fulfil a condition specified in subparagraph (i) or (ii), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to that student residence or those student residences in respect of that year) as the Minister determines should be repaid by the approved authority; and\n\n(c) if an amount that the approved authority of the non‑government teachers college is liable to repay to a State under the condition referred to in subparagraph (b)(iii) is repaid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.\n\n  (6) This section does not apply in relation to a student residence or affiliated college that does not provide collegiate accommodation.\n  (7) In this section:\n\n> affiliated college, in relation to a college of advanced education, means a residential college (not being a student residence) affiliated with the college of advanced education and approved by the Commission, for the purposes of this Act, as an affiliated college.\n\n> collegiate accommodation means residential accommodation (including related facilities) for students of a college of advanced education or of a non‑government teachers college, being accommodation that, having regard to the facilities and services provided for the students, is, in the opinion of the Commission, of a collegiate nature.\n\n> student residence, in relation to a college of advanced education or of a non‑government teachers college, means a hall, college or other establishment at which any students of the college reside, being an establishment:\n\n(a) administered by:\n\n(i) the college or the body administering the college; or\n\n(ii) a body established by the college or by the body administering the college; and\n\n(b) approved by the Commission, for the purposes of this Act, as a student residence.\n\n  (8) The Commission shall, as soon as practicable after making a determination under subsection (2), cause a copy of that determination to be furnished to the Minister.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Building projects","content":"##### 21 Building projects\n\n  (1) In relation to each building project specified, in relation to a college of advanced education, in Column 2 of Part IV of Schedule 7, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1982, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2.\n  (2) The Commission may approve a minor building project submitted to it by a State as an approved minor building project of a college of advanced education in respect of the year 1982, and, if it approves such a project, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1982.\n  (3) Subject to subsection (4), where the Commission approves a minor building project of a college of advanced education under subsection (2), there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the project in respect of the year 1982, an amount equal to the amount of the approved expenditure on the project in respect of the year 1982.\n  (4) The total of the amounts payable to a State under subsection (3) in relation to minor building projects of colleges of advanced education situated in the State shall not exceed the amount specified in Column 2 of Part V of Schedule 7 in relation to the State.\n  (5) The Commission may revoke or vary an approval given by it under subsection (2) and, if it varies the amount of the approved expenditure on a project in respect of the year 1982, then, for the purposes of this Act (including this section), the amount as so varied shall be deemed to have been, as from the date on which the project was approved under subsection (2), the amount of the approved expenditure on the project in respect of the year 1982.\n  (6) Where the amount expended in relation to work carried out before 1 January 1982 in connection with a building project that is specified in relation to a college of advanced education in Column 2 of Part IV of Schedule 7B to the States Grants (Tertiary Education Assistance) Act 1978 exceeds the sum of the amounts paid to the State in which the college of advanced education is situated in relation to the project under that Act or under any previous Act that granted financial assistance to the States in relation to colleges of advanced education, the Minister may, if an amount is specified in Part IV of Schedule 7 to this Act in relation to that project, at the request of the State made to him not later than 30 September 1982, direct that an amount specified in the direction, being an amount that does not exceed the amount of the excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1982 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1982.","sortOrder":25},{"sectionNumber":"21A","sectionType":"section","heading":"Building projects in respect of the year 1983 etc.","content":"##### 21A Building projects in respect of the year 1983 etc.\n\n  (1) In relation to each building project specified, in relation to a college of advanced education, in Column 2 of Part IV of Schedule 7A, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1983, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2.\n  (2) The Commission may approve a minor building project submitted to it by a State as an approved minor building project of a college of advanced education in respect of the year 1983, and, if it approves such a project, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1983.\n  (3) Subject to subsection (4), where the Commission approves a minor building project of a college of advanced education under subsection (2), there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the project in respect of the year 1983, an amount equal to the amount of the approved expenditure on the project in respect of the year 1983.\n  (4) The total of the amounts payable to a State under subsection (3) in relation to minor building projects of colleges of advanced education situated in the State shall not exceed the amount specified in Column 2 of Part V of Schedule 7A in relation to the State.\n  (5) The Commission may revoke or vary an approval given by it under subsection (2) and, if it varies the amount of the approved expenditure on a project in respect of the year 1983, then, for the purposes of this Act (including this section), the amount as so varied shall be deemed to have been, as from the date on which the project was approved under subsection (2), the amount of the approved expenditure on the project in respect of the year 1983.\n  (6) Where the amount expended in relation to work carried out before 1 January 1983 in connection with a building project that is specified in relation to a college of advanced education in Column 2 of Part IV of Schedule 7 exceeds the sum of the amounts paid to the State in which the college of advanced education is situated, before 1 January 1983, in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to colleges of advanced education, the Minister may, if an amount is specified in Part IV of Schedule 7A to this Act in relation to that project, at the request of the State made to him not later than 30 September 1983, direct that an amount specified in the direction, being an amount that does not exceed the amount of the excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1983 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1983.","sortOrder":26},{"sectionNumber":"21B","sectionType":"section","heading":"Building projects in respect of the year 1984","content":"##### 21B Building projects in respect of the year 1984\n\n  (1) In relation to each building project specified, in relation to a college of advanced education, in Column 2 of Part IV of Schedule 7B, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1984, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2.\n  (2) The Commission may approve a minor building project submitted to it by a State as an approved minor building project of a college of advanced education in respect of the year 1984, and, if it approves such a project, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1984.\n  (3) Subject to subsection (4), where the Commission approves a minor building project of a college of advanced education under subsection (2), there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the project in respect of the year 1984, an amount equal to the amount of the approved expenditure on the project in respect of the year 1984.\n  (4) The total of the amounts payable to a State under subsection (3) in relation to minor building projects of colleges of advanced education situated in the State shall not exceed the amount specified in Column 2 of Part V of Schedule 7B in relation to the State.\n  (5) The Commission may revoke or vary an approval given by it under subsection (2) and, if it varies the amount of the approved expenditure on a project in respect of the year 1984, then, for the purposes of this Act (including this section), the amount so varied shall be deemed to have been, as from the date on which the project was so approved under subsection (2), the amount of the approved expenditure on the project in respect of the year 1984.\n  (6) Where the amount expended in relation to work carried out before 1 January 1984 in connection with a building project that is specified in relation to a college of advanced education in Column 2 of Part IV of Schedule 7A exceeds the sum of the amounts paid to the State in which the college of advanced education is situated, before 1 January 1984, in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to colleges of advanced education, the Minister may, if an amount is specified in Part IV of Schedule 7B to this Act in relation to that project, at the request of the State made to him not later than 30 September 1984, direct that an amount specified in the direction, being an amount that does not exceed the amount of the excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1984 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1984.","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Grants to Northern Territory for recurrent expenditure in respect of courses of advanced education etc.","content":"##### 22 Grants to Northern Territory for recurrent expenditure in respect of courses of advanced education etc.\n\n  (1) There is payable to the Northern Territory, for the purpose of financial assistance in relation to expenditure in connection with the provision, in respect of a year to which this Act applies, of courses of advanced education at institutions in the Northern Territory, the amount specified in Schedule 10 in relation to the Northern Territory and to that year.\n  (2) Financial assistance is granted to the Northern Territory under subsection (1) in respect of a year to which this Act applies on the conditions that:\n\n(a) the Northern Territory will ensure that the total of the amounts expended by the Northern Territory and by instrumentalities of the Northern Territory, in connection with the provision, in respect of that year, of courses of advanced education at institutions in the Northern Territory is not less than the sum of the amounts of financial assistance paid to the Northern Territory under subsection (1) in respect of that year;\n\n(b) the Northern Territory will ensure that each institution situated in the Northern Territory at which courses of advanced education are provided does not charge any student fees in respect of that year or a part of that year;\n\n(c) the Northern Territory will furnish to the Commission, not later than 30 September next following the end of that year, a statement by the Auditor‑General of the Northern Territory, in accordance with a form approved by the Commission, as to the expenditure of the Northern Territory and of instrumentalities of the Northern Territory, in respect of that year, in connection with the provision of courses of advanced education at institutions in the Northern Territory; and\n\n(d) the Northern Territory will cause to be furnished to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires in respect of the provision in the Northern Territory of courses of advanced education and courses of continuing education referred to in paragraph (13)(b) at institutions in the Northern Territory during that year.\n\n  (3) Where a determination is made under subsection 5(5) relating to the provision of a course of advanced education at an institution in the Northern Territory, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course) or, if the course has been introduced at the institution, in connection with the provision of the course, that is incurred by the Northern Territory or by an instrumentality of the Northern Territory while the determination is in force does not count as expenditure by the Northern Territory or by an instrumentality of the Northern Territory in connection with the provision of courses of advanced education at institutions in the Northern Territory in the application of subsections (2), (7) and (9) of this section to and in relation to financial assistance granted to the Northern Territory under subsection (1) of this section.\n  (4) Where, at any time during the year 1982, the Minister, after having regard to the advice of the Commission, considers it appropriate to provide additional funds to the Northern Territory for the purpose of enabling the Darwin Community College to provide external study facilities in respect of that year, he may direct that this Act shall have effect as if the amount specified in Part V of Schedule 8 were reduced by such amount as he specifies in the direction and the amount specified in Column 1 of Schedule 10 were increased by a corresponding amount, and, where he does so, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in Part V of Schedule 8 and in Column 1 of Schedule 10 (as from the commencing day), in substitution for the amounts specified in that Part and that Column, those amounts as so varied.\n  (5) If the Minister gives a direction under subsection (4), then, for the purposes of this section, a reference to the provision of courses of advanced education in respect of a year to which this Act applies shall be taken, so far as that reference relates to the Darwin Community College, to include a reference to the provision at that College in respect of that year of external study facilities.\n  (6) As soon as practicable after the Minister has given a direction under subsection (4), the Minister shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.\n  (7) Where the Commission is satisfied that the amount paid to the Northern Territory in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, under section 15B of the States Grants (Tertiary Education Assistance) Act 1978, or under this section, as the case requires, exceeded the amount expended by the Northern Territory and instrumentalities of the Northern Territory in connection with the provision, in respect of the base year, of courses of advanced education at institutions in the Northern Territory, the Commission shall direct that the amount (in this subsection referred to as the relevant amount) specified in Schedule 10 in relation to the year next following the base year shall be deemed to have been increased by the amount of the excess or by the prescribed amount in relation to the base year, whichever is the less, and, upon the Commission’s giving that direction, then, for the purposes of this Act:\n\n(a) there shall be deemed to have been specified in Schedule 10 (as from 1 January in the year next following the base year) in substitution for the relevant amount, the relevant amount as so increased;\n\n(b) the amount so paid to the Northern Territory in relation to expenditure in connection with the provision, in respect of the base year, of courses of advanced education shall be deemed to have been reduced by an amount equal to the amount of the excess; and\n\n(c) an amount equal to the amount of the excess shall be deemed to have been paid to the Northern Territory under subsection (1) for the purpose of financial assistance in relation to expenditure in connection with the provision, in respect of the year next following the base year, of courses of advanced education at institutions in the Northern Territory.\n\n  (8) Where the amount of the excess referred to in subsection (7) in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, exceeds the prescribed amount, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the Northern Territory, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount), being the amount specified in Schedule 10 in relation to the year next following the base year shall be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount, in respect of the base year, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased.\n  (9) Where the Commission is satisfied that the amount expended by the Northern Territory in connection with the provision, in respect of a year, being the year 1981, 1982 or 1983, of courses of advanced education at institutions situated in the Northern Territory exceeded the sum of the amounts of financial assistance paid to the Northern Territory in respect of that year under section 15B of the States Grants (Tertiary Education Assistance) Act 1978, or under this section, the Commission shall direct that an amount equal to the amount of the excess or the prescribed amount applicable to the Northern Territory in relation to that year, whichever is the less, shall be treated as if it had been expended by the Northern Territory, in connection with the provision, in respect of the next following year, of courses of advanced education at technical and further education institutions situated in the Northern Territory, and, upon the Commission’s giving that direction, for the purposes of this Act, that amount shall be treated as if it had been so expended.\n  (10) Where the amount of the excess referred to in subsection (9) in relation to the Northern Territory in respect of a year exceeds the prescribed amount in relation to the Northern Territory in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the Northern Territory, being a request made not later than 30 September next following the expiration of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount, shall be treated as if it had been expended by the Northern Territory in connection with the provision, in respect of the next following year, of courses of advanced education at technical and further education institutions situated in the Northern Territory, and, upon the Minister’s giving that direction, for all purposes of this Act, that amount shall be treated as if it had been so expended.\n  (11) As soon as practicable after the Commission has given a direction under subsection (7) or (9), the Commission shall furnish to the Minister particulars of the direction.\n  (12) In this section, a reference to amounts of expenditure in connection with the provision, in respect of the year 1981, of courses of advanced education at institutions situated in the Northern Territory shall be read as a reference to:\n\n(a) amounts of expenditure for the general teaching purposes of institutions in the Northern Territory in connection with courses of advanced education provided, in respect of that year, by the institutions (including preparatory work in connection with such courses);\n\n(b) amounts of expenditure in connection with the provision, in respect of that year, at institutions in the Northern Territory at which courses of advanced education are provided, of courses of continuing education provided in accordance with programs of continuing education approved by the responsible authority for the Northern Territory or, if the total of those amounts exceeds 0.5% of the amount specified in Schedule 8A of the States Grants (Tertiary Education Assistance) Act 1978 in relation to that year, an amount, in respect of that expenditure, equal to 0.5% of the amount so specified; and\n\n(c) amounts of expenditure in connection with building projects of institutions in the Northern Territory at which courses of advanced education are provided, being building projects (other than building projects involving the purchase of land) each of which is undertaken wholly for the purpose of providing such courses at those institutions and in relation to each of which the total expenditure does not exceed $30,000 or an amount equal to 0.25% of the amount specified in Schedule 8A of the States Grants (Tertiary Education Assistance) Act 1978 in relation to that year, whichever is the lesser amount.\n\n  (13) In this section, a reference to amounts of expenditure, in connection with the provision, in respect of the year 1982, 1983 or 1984, of courses of advanced education at institutions situated in the Northern Territory shall be read as a reference to:\n\n(a) amounts of expenditure for the general teaching purposes of institutions in the Northern Territory in connection with courses of advanced education provided, in respect of that year, by the institutions (including the preparatory work in connection with such courses);\n\n(b) amounts of expenditure in connection with the provision, in respect of that year, at institutions in the Northern Territory at which courses of advanced education are provided, of courses of continuing education provided in accordance with programs of continuing education by the responsible authority for the Northern Territory or, if the total of those amounts exceeds the greater of an amount equal to 1% of the amount specified in Schedule 10 in relation to that year and the amount of $50,000, an amount, in respect of that expenditure, equal to the greater of those amounts; and\n\n(c) amounts of expenditure in connection with building projects of institutions in the Northern Territory at which courses of advanced education are provided, being building projects (other than building projects involving the purchase of land) each of which is undertaken wholly for the purpose of providing such courses at those institutions in relation to each of which the total expenditure does not exceed $50,000 or an amount equal to 0.25% of the amount specified in Schedule 10 in relation to that year, whichever is the lesser amount.\n\n  (14) In this section, a reference to the prescribed amount, in relation to a year, being the year 1981, 1982 or 1983, shall be read as a reference:\n\n(a) in the case of the year 1981—to the greater of $50,000 and an amount equal to 1% of the amount paid to the Northern Territory under subsection 15B(1) of the States Grants (Tertiary Education Assistance) Act 1978 in respect of that year; and\n\n(b) in the case of the year 1982 or 1983—to the greater of $50,000 and an amount equal to 1% of the amount paid to the Northern Territory, under subsection (1) in respect of that year.\n\n  (15) In this section, a reference to external study facilities shall be read as a reference to teaching facilities provided for the assistance of students undertaking courses of study provided by universities or colleges of advanced education that are situated in one or other of the States, being courses of study in which those students are enrolled as external students.","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Grants for courses of teacher education provided by non‑government teachers colleges","content":"##### 23 Grants for courses of teacher education provided by non‑government teachers colleges\n\n  (1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of the non‑government teachers college situated in that State in providing, in a particular year to which this Act applies, courses of teacher education in respect of that year, of such payments as the Minister approves.\n  (2) The sum of the amounts payable under subsection (1) to a State in which a non‑government teachers college is situated in relation to that non‑government teachers college shall not exceed:\n\n(a) in the case where the non‑government teachers college is Avondale College:\n\n(i) in respect of the year 1982—$890,000;\n\n(ii) in respect of the year 1983—$958,000; or\n\n(iii) in respect of the year 1984—$1,036,000;\n\n(b) in the case where the non‑government teachers college is McAuley College:\n\n(i) in respect of the year 1982—$1,121,000;\n\n(ii) in respect of the year 1983—$1,303,000; or\n\n(iii) in respect of the year 1984—$1,528,000.\n\n  (3) Financial assistance is granted to a State under this section in relation to the non‑government teachers college situated in that State, in respect of a year to which this Act applies, on the conditions that:\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to the State under this section in relation to the college;\n\n(b) the State will not make a payment to the approved authority of the college under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority of the college will ensure that the amount applied for the purpose of meeting recurrent expenditure incurred, in respect of that year, by the college in the provision in that year of courses of teacher education is not less than the sum of the amounts paid to the approved authority under this section in relation to the college in respect of that year;\n\n(ii) the approved authority of the college will ensure that the college does not charge any student fees in respect of that year or a part of that year in respect of his undertaking a course of teacher education at the college;\n\n(iii) the approved authority will cause to be furnished to the Commission not later than 30 September in the year next following the end of that year:\n\n(A) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) has been fulfilled; and\n\n(B) a statement, in writing, that contains such information in respect of the recurrent expenditure of the college, and such other financial and statistical information in respect of the college, as is required by the Commissioner to be so furnished; and\n\n(iv) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii) or (iii), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority; and\n\n(c) if an amount that the approved authority of the college is liable to repay to a State under the condition referred to in subparagraph (b)(iv) is repaid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.\n\n  (4) Where the Commission is satisfied that the amount paid under this section to a State in respect of recurrent expenditure of the non‑government teachers college situated in that State in providing, in a year (in this subsection referred to as the base year), being the year 1982 or 1983, courses of teacher education in respect of that year exceeded the amount expended by the college or by the body administering the college in providing such courses in that year, the Commission shall direct that the amount (in this subsection referred to as the relevant amount) specified in subsection (2) in relation to the college and to the year next following the base year, shall be deemed to have been increased by the amount of the excess or by $50,000, whichever is the less, and, upon the Commission’s giving that direction, then, for the purposes of this Act:\n\n(a) there shall be deemed to have been specified in subsection (2) (as from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased;\n\n(b) the amount paid to the State in relation to recurrent expenditure of that college in providing courses of teacher education in that State, in the base year, shall be deemed to have been reduced by an amount equal to the amount of the excess; and\n\n(c) an amount equal to the amount of the excess shall be deemed to have been paid to the State under subsection (1) for the purpose of financial assistance in relation to recurrent expenditure of the college in providing, in the year next following the base year, courses of teacher education in respect of that year.\n\n  (5) Where the amount of the excess referred to in subsection (4) in relation to a non‑government teachers college in respect of a year (in this subsection referred to as the base year), being the year 1982 or 1983, exceeds $50,000, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the college is situated, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount) specified in subsection (2) in relation to the college and to the year next following the base year shall be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds $50,000, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in subsection (2) (from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased.\n  (6) Where the Commission is satisfied that the amount expended by a non‑government teachers college or by the body administering a non‑government teachers college in providing, in the State in which the college is situated, in the year 1982 or 1983, courses of teacher education at the college in respect of that year exceeded the sum of the amounts of financial assistance paid under this section to the State in respect of that year, the Commission shall direct that an amount equal to the amount of the excess or $50,000, whichever is the less, shall be treated as if it had been expended by the college or by the body administering the college in the provision, in the next following year, of courses of teacher education at the college in respect of that year, and, upon the Commission’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended.\n  (7) Where the amount of the excess referred to in subsection (6) in relation to a non‑government teachers college in respect of a year exceeds $50,000, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the college is situated, being a request made not later than 30 September next following the expiration of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds $50,000, shall be treated as if it had been expended by the college or the body administering the college in the provision, in the next following year, of courses of teacher education at the college in respect of that year, and, upon the Minister’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended.\n  (8) As soon as practicable after the Commission has given a direction under subsection (4) or (6), the Commission shall furnish to the Minister particulars of the direction.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Grants for equipment for non‑government teachers colleges","content":"##### 24 Grants for equipment for non‑government teachers colleges\n\n  (1) A State may, from time to time, submit for the approval of the Commission proposals for expenditure by a non‑government teachers college on equipment for use by the college.\n  (2) The Commission may approve a proposal submitted to it under subsection (1) in relation to a non‑government teachers college situated in that State as an approved proposal for expenditure by the college in respect of a year to which this section applies on equipment subject to such conditions as the Commission determines, and may revoke or vary any such approval.\n  (3) Subject to subsection (4), in relation to each approved proposal for expenditure by a non‑government teachers college situated in a State for expenditure, in respect of a year to which this section applies, on equipment, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the college or by the body administering the college in connection with the approved proposal, an amount equal to the amount of the proposed expenditure.\n  (4) The sum of the amounts payable to the States under subsection (3) in respect of approved proposals for expenditure by non‑government teachers colleges in respect of a year to which this Act applies shall not exceed:\n\n(a) in the case of the year 1982—$36,000;\n\n(b) in the case of the year 1983—$75,000; or\n\n(c) in the case of the year 1984—$92,000.\n\n  (5) Financial assistance is granted to a State under subsection (3) in relation to approved proposals for expenditure by a non‑government teachers college in respect of a year to which this section applies on the conditions that:\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to it under this section in relation to those approved proposals;\n\n(b) the State will not make a payment to the approved authority of the college under this section in respect of an approved proposal for expenditure by the college unless the approved authority, before or at the time of accepting the first payment under this section in respect of the proposal, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that the sum of the amounts expended by the college in connection with those approved proposals for expenditure by the college in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the approved authority under this section in relation to those approved proposals;\n\n(ii) the approved authority will cause to be furnished to the Commission, not later than 30 September next following the end of that year, a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) has been fulfilled; and\n\n(iii) if the approved authority does not fulfil a condition specified in subparagraph (i) or (ii), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to those approved proposals) as the Minister determines should be repaid by the approved authority; and\n\n(c) if an amount that the approved authority of the college is liable to repay to a State under the condition referred to in subparagraph (b)(iii) is repaid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.\n\n  (6) In this section, year to which this section applies means the year 1982, the year 1983 or the year 1984.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Grants for minor building projects of non‑government teachers colleges","content":"##### 25 Grants for minor building projects of non‑government teachers colleges\n\n  (1) The Commission may approve a minor building project submitted to it by a State as an approved minor building project of a non‑government teachers college situated in that State in respect of a year to which this section applies, and, if it approves such a project, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project, and an amount as the amount of the approved expenditure on the project in respect of that year.\n  (2) Subject to subsection (3), where the Commission approves a minor building project of a non‑government teachers college under subsection (1), there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the project in respect of a year to which this section applies, an amount equal to the amount of the approved expenditure on the project in respect of that year.\n  (3) The total of the amounts payable to the States under subsection (2) in relation to minor building projects of non‑government teachers colleges in respect of a year to which this section applies shall not exceed:\n\n(a) in the case of the year 1982—$36,000;\n\n(b) in the case of the year 1983—$44,000; or\n\n(c) in the case of the year 1984—$45,000.\n\n  (4) The Commission may revoke or vary an approval given by it under subsection (1) and, if it varies the amount of the approved expenditure on a project in respect of a year to which this section applies, then, for the purposes of this Act (including this section), the amount as so varied shall be deemed to have been, as from the date on which the project was approved under subsection (1), the amount of the approved expenditure on the project in respect of that year.\n  (5) Financial assistance is granted to a State under subsection (2) in relation to a minor building project of a non‑government teachers college in respect of a year to which this section applies on the conditions that:\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to it in relation to the project;\n\n(b) the State will not make a payment to the approved authority of the college under this section in relation to the project unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that the sum of the amounts expended in relation to work carried out before 1 January next following the end of that year in connection with the project is not less than the sum of the amounts of financial assistance paid to the approved authority under this section in relation to the project in respect of that year;\n\n(ii) the approved authority will ensure that information in respect of the project is furnished to the Commission in accordance with any relevant direction under paragraph 4(1)(d);\n\n(iii) the approved authority will ensure that the project will be carried out in accordance with the directions (if any) given by the Commission under subsection 4(5);\n\n(iv) the approved authority will ensure that, if the Commission so requests, there will be furnished to the Commission by the college, as soon as practicable after such date as the Commission specifies, such particulars as are specified by the Commission concerning the progress or expected progress of the work or matter constituting the project;\n\n(v) the approved authority will cause to be furnished to the Commission, not later than 30 September next following the end of that year, a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) has been fulfilled;\n\n(vi) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii), (iii), (iv) or (v), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to the project) as the Minister determines should be repaid by the approved authority; and\n\n(c) if the amount that the approved authority of the college is liable to repay under the condition referred to in subparagraph (b)(vi) is repaid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.\n\n  (6) In this section, year to which this section applies means the year 1982, the year 1983 or the year 1984.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Further recurrent grants in relation to advanced education","content":"##### 26 Further recurrent grants in relation to advanced education\n\n  (1) Subject to subsection (2), there is payable to a State, for the purpose of financial assistance in relation to the expenditure of a relevant college of advanced education that is situated in that State for college purposes in respect of the year 1982, such amount or amounts as the Minister, after having regard to the advice of the Commission, determines.\n  (2) The total of the amounts payable under subsection (1) in relation to relevant colleges of advanced education in respect of the year 1982 shall not exceed the amount specified in Part V of Schedule 8.\n  (3) Financial assistance is granted to a State under subsection (1) in relation to a relevant college of advanced education in respect of the year 1982 on the same conditions as would, under subsection 15(2), have applied to that grant of financial assistance if the amounts paid under subsection (1) of this section had been paid under subsection 15(1).\n  (4) Where a determination is made under subsection 5(5) relating to the provision of a course of advanced education at a relevant college of advanced education, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course) or, if the course has been introduced at the college, in connection with the provision of the course, that is incurred by the college while the determination is in force, shall not be treated as expenditure by the college for college purposes in the application of the conditions referred to in subsection (3) to and in relation to financial assistance granted to a State in relation to the college.\n  (5) In determining, for the purposes of the conditions referred to in subsection (3), the amount expended by a relevant college of advanced education for college purposes in respect of the year 1982, where the total expenditure incurred by the college in connection with the provision, in respect of that year, of courses of continuing education provided in accordance with a program of continuing education approved by the responsible authority for the State in which the college is situated exceeds the greater of $50,000 and an amount equal to 1% of the aggregate of the amounts paid to the State in relation to the college under subsection (1), an amount equal to the greater of those amounts shall be treated as the total amount of expenditure so incurred.\n  (6) In this section, relevant college of advanced education means a college of advanced education that was listed in Column 1 of Part 1 of Schedule 8 to the States Grants (Tertiary Education Assistance) Act 1978 immediately before the commencement of this Act but that was not, on 26 November 1981, listed in Column 1 of Part 1 of Schedule 8 to this Act or in Column 2 of Part 1 of Schedule 17 to this Act.","sortOrder":32},{"sectionNumber":"Part IV","sectionType":"part","heading":"Technical and Further Education","content":"## Part IV—Technical and Further Education","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Interpretation","content":"##### 27 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> approved auditor means, in relation to the furnishing of a statement for the purposes of a condition of a grant of financial assistance to a State under this Part:\n\n(a) the Auditor‑General of that State; or\n\n(b) a person, other than a person who is an officer of, or otherwise employed in, the instrumentality of the State that is responsible, or principally responsible for the administration of technical and further education in that State, who is approved by the Commission as a person competent to furnish such a statement.\n\n> technical and further education means education provided by way of a course of instruction or training:\n\n(a) that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or\n\n(b) that otherwise meets the educational needs of persons who are not enrolled in a full‑time course of primary or secondary education at a school;\n\n  but does not include education by way of a course of study that is, for the purposes of this Act, a course of advanced education.\n\n> year to which this Part applies means the year 1982, the year 1983 or the year 1984.","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Grants for recurrent expenditure","content":"##### 28 Grants for recurrent expenditure\n\n  (1) There is payable to a State under this section, for the purpose of financial assistance to the State in relation to recurrent expenditure in connection with the provision, in respect of a year to which this Part applies, of technical and further education at technical and further education institutions situated in the State, the amount specified in Schedule 11 in relation to that State and to that year.\n  (2) Financial assistance is granted to a State under subsection (1) in respect of a year to which this Part applies on the conditions that:\n\n(a) the State will ensure that the total of the amounts expended by the State and by instrumentalities of the State, by way of recurrent expenditure in connection with the provision, in respect of that year, of technical and further education at technical and further education institutions in the State is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in respect of that year;\n\n(b) the State will ensure that no technical and further education institution situated in the State charges fees in respect of that year or any part of that year;\n\n(c) the State will furnish to the Commission, not later than 30 September next following the end of that year, a certificate by an approved auditor to the effect that the condition specified in paragraph (a) has been fulfilled; and\n\n(d) the State will cause to be furnished to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires in respect of the provision of technical and further education in that State during that year.","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Proposals for expenditure on staff training, data collection and processing and advanced English language courses for migrants","content":"##### 29 Proposals for expenditure on staff training, data collection and processing and advanced English language courses for migrants\n\n  (1) A State may, from time to time, submit for the approval of the Commission a proposal for expenditure in connection with a program connected with the provision of technical and further education in the State that is proposed to be carried out in a year to which this Part applies, being a program by way of:\n\n(a) the provision, for members of the staff of a technical and further education institution or of an authority administering a technical and further education institution, of training that is designed to improve the efficiency of those members in the performance of their work for the institution or authority and that is provided by that institution or authority or by another body on behalf of that institution or authority;\n\n(b) the development, by a technical and further education institution or by an authority administering a technical and further education institution, of a system for the collection and processing of statistical or other material relating to technical and further education; or\n\n(c) the development and provision for adult migrants of advanced courses of instruction in the English language.\n\n  (2) The Commission:\n\n(a) may approve a proposal submitted to it by a State under subsection (1) as an approved proposal for expenditure by the State in respect of a year to which this Part applies;\n\n(b) if it does so, shall:\n\n(i) where the approval relates to a proposal for expenditure in connection with a program referred to in paragraph (1)(a), designate the approval as an approval of the proposal for the purposes of subsection (5) or (6);\n\n(ii) where the approval relates to a proposal for expenditure in connection with a program referred to in paragraph (1)(b), designate the approval as an approval of the proposal for the purposes of subsection (7) or (7A); or\n\n(iii) where the approval relates to a proposal for expenditure in connection with a program referred to in paragraph (1)(c), designate the approval as an approval of the proposal for the purposes of subsection (7B) or (7C); and\n\n(c) may revoke or vary any such approval.\n\n  (3) Subject to subsection (4), where the Commission approves a proposal in respect of a year to which this Part applies for the purposes of subsection (6), it shall approve an amount as the amount of approved expenditure of that proposal in respect of that year.\n  (4) The aggregate of the amounts approved by the Commission under subsection (3) as amounts of approved expenditure on proposals approved for the purposes of subsection (6) in respect of a year to which this Part applies shall not exceed the amount specified:\n\n(a) in the case of the year 1982—in Part II of Schedule 12;\n\n(b) in the case of the year 1983—in Part IV of Schedule 12; or\n\n(c) in the case of the year 1984—in Part VI of Schedule 12.\n\n  (4A) Subject to subsection (4B), where the Commission approves a proposal in respect of the year 1984 for the purposes of subsection (7A), it shall approve an amount as the amount of approved expenditure of that proposal in respect of that year.\n  (4B) The aggregate of the amounts approved by the Commission under subsection (4A) as amounts of approved expenditure on proposals approved for the purposes of subsection (7A) in respect of the year 1984 shall not exceed the amount specified in Part VII of Schedule 12.\n  (4C) Subject to subsection (4D), where the Commission approves a proposal in respect of the year 1984 for the purposes of subsection (7C), it shall approve an amount as the amount of approved expenditure of that proposal in respect of that year.\n  (4D) The aggregate of the amounts approved by the Commission under subsection (4C) as amounts of approved expenditure on proposals approved for the purposes of subsection (7C) in respect of the year 1984 shall not exceed the amount specified in Part VIII of Schedule 12.\n  (5) There is payable to a State, for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the State or by an instrumentality of the State in accordance with an approved proposal or approved proposals for expenditure by the State in respect of a year to which this Part applies in connection with a program or programs referred to in paragraph (1)(a) (not being a proposal or proposals approved for the purposes of subsection (6)), the amount specified in relation to the State:\n\n(a) in the case of the year 1982—in Column 2 of Part I of Schedule 12;\n\n(b) in the case of the year 1983—in Column 2 of Part III of Schedule 12; or\n\n(c) in the case of the year 1984—in Column 2 of Part V of Schedule 12.\n\n  (6) There is payable to a State for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the State or by an instrumentality of the State in relation to a proposal in respect of a year to which this Part applies approved for the purposes of this subsection, an amount equal to the amount of the approved expenditure on the proposal in respect of that year.\n  (7) There is payable to a State for the purpose of financial assistance in relation to recurrent expenditure incurred or to be incurred by the State or by an instrumentality of the State, in accordance with an approved proposal or approved proposals for expenditure by the State in respect of a year to which this Part applies in connection with a program or programs referred to in paragraph (1)(b) (not being a proposal or proposals approved for the purposes of subsection (7A)), the amount specified in relation to the State:\n\n(a) in the case of the year 1982—in Column 3 of Part I of Schedule 12;\n\n(b) in the case of the year 1983—in Column 3 of Part III of Schedule 12; or\n\n(c) in the case of the year 1984—in Column 3 of Part V of Schedule 12.\n\n  (7A) There is payable to a State, for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the State or by an instrumentality of the State in relation to a proposal in respect of the year 1984 approved for the purposes of this subsection, an amount equal to the amount of the approved expenditure on the proposal in respect of that year.\n  (7B) There is payable to a State, for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the State or by an instrumentality of the State in accordance with an approved proposal or approved proposals for expenditure by the State in respect of the year 1984 in connection with a program or programs referred to in paragraph (1)(c) (not being a proposal or proposals approved for the purposes of subsection (7C)), the amount specified in relation to the State in Column 4 of Part V of Schedule 12.\n  (7C) There is payable to a State, for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the State or by an instrumentality of the State in relation to a proposal in respect of the year 1984 approved for the purposes of this subsection, an amount equal to the amount of the approved expenditure on the proposal in respect of that year.\n  (8) Financial assistance is granted to a State under subsection (5) on the conditions that:\n\n(a) the State will ensure that the total of the amounts expended in respect of a year to which this Part applies by the State and by instrumentalities of the State in accordance with approved proposals for expenditure by the State in respect of that year in connection with programs referred to in paragraph (1)(a) is not less than the sum of the amounts of financial assistance paid to the State under subsection (5) in respect of that year; and\n\n(b) the State will furnish to the Commission, not later than 30 September next following the end of that year, a statement by an approved auditor, in accordance with a form approved by the Commission, as to the expenditure by the State and by instrumentalities of the State in accordance with approved proposals for expenditure by the State in respect of that year in connection with programs referred to in paragraph (1)(a).\n\n  (9) Financial assistance is granted to a State under subsection (6) on the conditions that:\n\n(a) the State will ensure that the total of the amounts expended in respect of a year to which this Part applies by the State and by instrumentalities of the State in accordance with proposals for expenditure by the State in respect of that year approved for the purpose of subsection (6) is not less than the sum of amounts of financial assistance paid to the State under that subsection in respect of that year; and\n\n(b) the State will furnish to the Commission, not later than 30 September next following the end of that year, a statement by an approved auditor, in accordance with a form approved by the Commission, as to the expenditure by the State and by instrumentalities of the State in accordance with such approved proposals for expenditure.\n\n  (10) Financial assistance is granted to a State under subsection (7) on the conditions that:\n\n(a) the State will ensure that the total of the amounts expended in respect of a year to which this Part applies by the State and by instrumentalities of the State in accordance with approved proposals for expenditure by the State in respect of that year in connection with programs referred to in paragraph (1)(b) is not less than the sum of the amounts of financial assistance paid to the State under subsection (7) in respect of that year; and\n\n(b) the State will furnish to the Commission, not later than 30 September next following the end of that year, a statement by an approved auditor, in accordance with a form approved by the Commission, as to the expenditure by the State and by instrumentalities of the State in accordance with approved proposals for expenditure by the State in respect of that year in connection with programs referred to in paragraph (1)(b).\n\n  (11) Financial assistance is granted to a State under subsection (7A) on the conditions that:\n\n(a) the State will ensure that the total of the amounts expended in respect of the year 1984 by the State and by instrumentalities of the State in accordance with proposals for expenditure by the State in respect of that year approved for the purpose of subsection (7A) is not less than the sum of the amounts of financial assistance paid to the State under that subsection in respect of that year; and\n\n(b) the State will furnish to the Commission, not later than 30 September 1985, a statement by an approved auditor, in accordance with a form approved by the Commission, as to the expenditure by the State and by instrumentalities of the State in accordance with such approved proposals for expenditure.\n\n  (12) Financial assistance is granted to a State under subsection (7B) on the conditions that:\n\n(a) the State will ensure that the total of the amounts expended in respect of the year 1984 by the State and by instrumentalities of the State in accordance with approved proposals for expenditure by the State in respect of that year in connection with programs referred to in paragraph (1)(c) is not less than the sum of the amounts of financial assistance paid to the State under subsection (7B) in respect of that year; and\n\n(b) the State will furnish to the Commission, not later than 30 September 1985, a statement by an approved auditor, in accordance with a form approved by the Commission, as to the expenditure by the State and by instrumentalities of the State in accordance with approved proposals for expenditure by the State in respect of that year in connection with programs referred to in paragraph (1)(c).\n\n  (13) Financial assistance is granted to a State under subsection (7C) on the conditions that:\n\n(a) the State will ensure that the total of the amounts expended in respect of the year 1984 by the State and by instrumentalities of the State in accordance with proposals for expenditure by the State in respect of that year approved for the purpose of subsection (7C) is not less than the sum of the amounts of financial assistance paid to the State under that subsection in respect of that year; and\n\n(b) the State will furnish to the Commission, not later than 30 September 1985, a statement by an approved auditor, in accordance with a form approved by the Commission, as to the expenditure by the State and by instrumentalities of the State in accordance with such approved proposals or expenditure.","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Variations of amounts in Schedule 12","content":"##### 30 Variations of amounts in Schedule 12\n\n  (1) At any time, and from time to time, during a year to which this Part applies, but subject to this section, the Minister may, at the request of a State, direct that this Act has effect as if the amounts specified in relation to the State in Columns 2 and 3 of whichever of Parts I, III and V of Schedule 12 relates to that year, were varied in accordance with that direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Part of that Schedule (as from the commencing day in respect of that year), in substitution for those amounts, the amounts as so varied.\n  (2) At any time, and from time to time, during a year to which this Part applies, but subject to this section, the Commission may, at the request of a State, direct that this Act has effect as if the amounts specified in relation to the State in Columns 2 and 3 of whichever of Parts I, III and V of Schedule 12 relates to that year, were varied in accordance with the direction, and where the Commission gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Part of that Schedule (as from the commencing day in respect of that year), in substitution for those amounts, the amounts as so varied.\n  (3) The Commission shall not give a direction under subsection (2):\n\n(a) that would have the effect of varying the amounts specified in relation to a State in Columns 2 and 3 of Part I, Part III or Part V of Schedule 12 if those amounts have previously been varied in accordance with a direction given under subsection (1); or\n\n(b) that would have the effect of varying an amount specified in relation to a State in Column 2 or 3 of Part I, Part III or Part V of Schedule 12 to an amount that is greater or less, by more than $300,000, than the amount that is specified, or the amount that would, but for any direction or directions previously given under this section, be the amount specified, in that column of that Part.\n\n  (4) A direction shall not be given under subsection (1) or (2) in relation to a State:\n\n(a) that would have the effect of varying amounts in Part I, Part III or Part V of Schedule 12 in such a way that, after the variation, the aggregate of the amounts specified in relation to the State in Columns 2 and 3 of that Part is greater or less than the amount specified in relation to that State in Column 4 of that Part of that Schedule; or\n\n(b) that would result in a State becoming liable to repay an amount to the Commonwealth under this Act.\n\n  (5) In this section, a reference to the commencing day in respect of a year shall be read as a reference:\n\n(a) in the case of the year 1982—to 26 November 1981;\n\n(b) in the case of the year 1983—to 1 January 1983; and\n\n(c) in the case of the year 1984—to 1 January 1984.","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Other recurrent grants","content":"##### 31 Other recurrent grants\n\n  (1) A State may, from time to time, submit for the approval of the Commission, a proposal for recurrent expenditure in connection with the provision of technical and further education in that State, being a proposal for expenditure in relation to:\n\n(a) curriculum research and development;\n\n(b) the provision of services and facilities that are supplementary to courses of technical and further education;\n\n(c) the taking of measures, either through the provision of programs of preparatory or remedial education or otherwise, to assist in making technical and further education more generally accessible to the public;\n\n(d) the development of procedures that improve the provision, and the assessment, of courses of instruction available in technical and further education institutions; and\n\n(e) the provision of administrative services for technical and further education institutions.\n\n  (2) The Commission:\n\n(a) may approve a proposal submitted to it by a State under subsection (1) as an approved proposal for expenditure by the State in respect of a year to which this Part applies;\n\n(b) shall, where it so approves a proposal, designate the approval as an approval of the proposal for the purposes of subsection (5) or (6); and\n\n(c) may vary or revoke any such approval.\n\n  (3) Subject to subsection (4), where the Commission approves a proposal for the purposes of subsection (6) in respect of a year to which this Part applies, it shall approve an amount as the amount of approved expenditure on that proposal in respect of that year.\n  (4) The aggregate of the amounts approved by the Commission under subsection (3) as amounts of approved expenditure on proposals approved for the purposes of subsection (6) in respect of the year to which this Part applies shall not exceed the amount specified in whichever of Parts II, IV and VI of Schedule 13 relates to that year.\n  (5) There is payable to a State, for the purpose of financial assistance in relation to recurrent expenditure incurred or to be incurred by the State or by an instrumentality of the State in accordance with an approved proposal or approved proposals for expenditure by the State in respect of a year to which this Part applies (not being a proposal or proposals approved for the purposes of subsection (6)), the amount specified in relation to the State in Column 2 of whichever of Parts I, III and V of Schedule 13 relates to that year.\n  (6) There is payable to a State for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the State or by an instrumentality of the State in relation to a proposal approved for the purposes of this subsection in respect of a year to which this Part applies, an amount equal to the amount of the approved expenditure of the proposal in respect of that year.\n  (7) Financial assistance is granted to a State under subsection (5) on the conditions that:\n\n(a) the State will ensure that the total of the amounts expended in respect of a year to which this Part applies by the State and by instrumentalities of the State in accordance with approved proposals for expenditure by the State in respect of that year (not being proposals approved for the purposes of subsection (6)) is not less than the sum of the amounts of financial assistance paid to the State under subsection (5) in respect of that year; and\n\n(b) the State will furnish to the Commission, not later than 30 September next following the end of that year, a statement by an approved auditor, in accordance with a form approved by the Commission, as to the expenditure by the State and by instrumentalities of the State in accordance with approved proposals for expenditure by the State in respect of that year (not being proposals approved for the purposes of subsection (6)).\n\n  (8) Financial assistance is granted to a State under subsection (6) on the conditions that:\n\n(a) the State will ensure that the total of the amounts expended in respect of a year to which this Part applies by the State and by instrumentalities of the State in accordance with proposals for expenditure by the State in respect of that year approved for the purposes of subsection (6) is not less than the sum of the amounts of financial assistance paid to the State under that subsection in respect of that year; and\n\n(b) the State will furnish to the Commission, not later than 30 September next following the end of that year, a statement by an approved auditor, in accordance with a form approved by the Commission, as to the expenditure by the State and by instrumentalities of the State in accordance with such approved proposals for expenditure.","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"Grants for recurrent expenditure in connection with programs of adult education provided by non‑government bodies","content":"##### 32 Grants for recurrent expenditure in connection with programs of adult education provided by non‑government bodies\n\n  (1) For the purposes of this section, the Commission may approve a body, whether incorporated or unincorporated, that is recommended to the Commission by the Minister of a State who is responsible, or principally responsible, for the administration of matters relating to technical and further education in the State as the approved authority of that State for the purposes of this section.\n  (2) The Commission may revoke or vary any approval given under subsection (1).\n  (3) There is payable to a State specified in Schedule 14, for the purpose of financial assistance in connection with programs of adult education to be carried out in a year to which this Part applies in the State, the amount specified in Schedule 14 in relation to the State and to that year.\n  (4) Financial assistance is granted to a State under this section in respect of a year to which this Part applies on the conditions that:\n\n(a) the State will pay each amount of that financial assistance received by it to the approved authority of the State without undue delay;\n\n(b) the State will ensure that the amount expended by the approved authority of the State in making contributions towards the recurrent expenditure of a relevant body, or of relevant bodies, in connection with the provision, in that year, by that body, or those bodies, of courses of adult education is not less than the sum of the amounts of financial assistance paid to the State under subsection (3) in respect of that year; and\n\n(c) the State will cause to be furnished to the Commission, not later than 30 September next following the end of that year, a statement by an approved auditor in accordance with a form approved by the Commission, as to the expenditure of the approved authority of the State in making contributions towards the recurrent expenditure of a relevant body, or of relevant bodies, in connection with the provision, in that year, by that body, or those bodies, of courses of adult education.\n\n  (5) In this section:\n\n(a) a reference to a relevant body is a reference to a body (other than a body established by or on behalf of the Government of a State) that is not conducted for the profit, direct or indirect, of an individual or individuals; and\n\n(b) a reference to a course of adult education, in relation to a relevant body, is a reference to a part‑time course of education, being a course in respect of which:\n\n(i) attendance is voluntary; and\n\n(ii) no award is made, in respect of the completion of the course, or of a part of the course, that is intended as a qualification for any employment.","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Special grants for equipment","content":"##### 33 Special grants for equipment\n\n  (1) A State may, from time to time, submit for the approval of the Commission proposals for expenditure on equipment for use in the provision of technical and further education in that State.\n  (2) The Commission may approve a proposal submitted to it by a State under subsection (1) as an approved proposal for expenditure upon equipment for use in the provision of technical and further education in that State in respect of a year to which this Part applies subject to such conditions as the Commission determines, and may revoke or vary any such approval.\n  (3) Subject to subsection (4), in relation to each approved proposal for expenditure on equipment for use in the provision of technical and further education in a State in respect of a year to which this Part applies, there is payable to that State, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the State and by instrumentalities of the State in connection with the approved proposal, an amount equal to the amount of the proposed expenditure.\n  (4) The sum of the amounts payable to a State under subsection (3) in respect of approved proposals for expenditure on equipment for use in the provision of technical and further education in that State in respect of a year to which this Act applies shall not exceed the amount specified in relation to that State in the Column of Schedule 15 that relates to that year.\n  (5) Financial assistance is granted to a State under subsection (3) in relation to approved proposals for expenditure on equipment for use in the provision of technical and further education in that State in respect of a year to which this Part applies on the conditions that:\n\n(a) the State will ensure that the sum of the amounts expended by the State and by instrumentalities of the State in connection with those proposals in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under subsection (3) in relation to those proposals in respect of that year; and\n\n(b) the State will cause to be furnished to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure by the State and by instrumentalities of the State in connection with those proposals, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"Building projects","content":"##### 34 Building projects\n\n  (1) In relation to each building project specified, in relation to a technical and further education institution, in Column 2 of Part VI of Schedule 7, there is payable to the State in which the institution is situated, for the purpose of financial assistance in relation to the project in respect of the year 1982, the amount specified in Column 4 of that Schedule in relation to the description of the project in Column 2.\n  (2) Where the amount expended in relation to work carried out before 1 January 1982 in connection with a building project that is specified in relation to a technical and further education institution in Column 2 of Part VII of Schedule 7B to the States Grants (Tertiary Education Assistance) Act 1978 exceeds the sum of the amounts paid to the State in which the technical and further education institution is situated in relation to the project under that Act or under any previous Act that granted financial assistance to the States in relation to technical and further education institutions, the Minister may, if an amount is specified in Part VI of Schedule 7 to this Act in relation to that project, at the request of the State made to him not later than 30 September 1982, direct that an amount specified in the direction, being an amount that does not exceed the amount of that excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1982 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1982.","sortOrder":41},{"sectionNumber":"34A","sectionType":"section","heading":"Building projects in respect of the year 1983","content":"##### 34A Building projects in respect of the year 1983\n\n  (1) In relation to each building project specified, in relation to a technical and further education institution, in Column 2 of Part VI of Schedule 7A, there is payable to the State in which the institution is situated, for the purpose of financial assistance in relation to the project in respect of the year 1983, the amount specified in Column 4 of that Schedule in relation to the description of the project in Column 2.\n  (2) Where the amount expended in relation to work carried out before 1 January 1983 in connection with a building project that is specified in relation to a technical and further education institution in Column 2 of Part VI of Schedule 7 exceeds the sum of the amounts paid to the State in which the technical and further education institution is situated, before 1 January 1983, in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to technical and further education institutions, the Minister may, if an amount is specified in Part VI of Schedule 7A to this Act in relation to that project, at the request of the State made to him not later than 30 September 1983, direct that an amount specified in the direction, being an amount that does not exceed the amount of that excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1983 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1983.","sortOrder":42},{"sectionNumber":"34B","sectionType":"section","heading":"Building projects in respect of the year 1984","content":"##### 34B Building projects in respect of the year 1984\n\n  (1) In relation to each building project specified, in relation to a technical and further education institution, in Column 2 of Part VI of Schedule 7B, there is payable to the State in which the institution is situated, for the purpose of financial assistance in relation to the project in respect of the year 1984, the amount specified in Column 4 of that Schedule in relation to the description of the project in Column 2.\n  (2) Where the amount expended in relation to work carried out before 1 January 1984 in connection with a building project that is specified in relation to a technical and further education institution in Column 2 of Part VI of Schedule 7A exceeds the sum of the amounts paid to the State in which the technical and further education institution is situated, before 1 January 1984, in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to technical and further education institutions, the Minister may, if an amount is specified in Part VI of Schedule 7B to this Act in relation to that project, at the request of the State made to the Minister not later than 30 September 1984, direct that an amount specified in the direction, being an amount that does not exceed the amount of the excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1984 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1984.","sortOrder":43},{"sectionNumber":"Part V","sectionType":"part","heading":"Non‑Government Business Colleges","content":"## Part V—Non‑Government Business Colleges","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Interpretation","content":"##### 35 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> approved authority, in relation to a non‑government business college, means such person or body as the Minister declares, in writing, to be the approved authority of that college for the purposes of this Part.\n\n> business college means a college or similar institution, whether incorporated or unincorporated, providing courses of instruction in secretarial studies, but does not include a particular college or institution that provides such courses if the State Tertiary Education Minister for a State notifies the Commonwealth Education Minister that it is not recognized by the State Tertiary Education Minister as a business college and the Commonwealth Education Minister does not approve it as a business college for the purposes of this Part.\n\n> business college census date, in relation to a month of the year 1982, 1983 or 1984, means the date in that month declared by the Minister, by notice published in the Gazette, to be the business college census date for that month.\n\n> certificate by a qualified accountant means a certificate signed by:\n\n(a) a person who is registered as a company auditor or a public accountant under a law of a State or Territory;\n\n(b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or\n\n(c) a person approved by the Minister as a qualified accountant for the purposes of this Part.\n\n> Commonwealth Education Minister means the Minister.\n\n> non‑government business college means a business college in a State that is not established by the Government of the State or conducted by or on behalf of the Government of the State, but does not include a business college conducted for the profit, direct or indirect, of an individual or individuals.\n\n  (2) In this Part, a reference to a course of instruction in secretarial studies shall be read as a reference to a course of instruction in:\n\n(a) shorthand;\n\n(b) typing; or\n\n(c) shorthand and typing;\n\n  together with other subjects suitable for preparing persons to perform secretarial duties.","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Approvals by Minister in respect of a year to which this Act applies","content":"##### 36 Approvals by Minister in respect of a year to which this Act applies\n\n  (1) The Minister may:\n\n(a) approve a course of instruction in secretarial studies that is being provided or is proposed to be provided by a non‑government business college in a year to which this Act applies as an approved course of that college for the purpose of this Part in respect of that year; and\n\n(b) vary or revoke any approval so given.\n\n  (2) Without limiting the matters to which the Minister may have regard in deciding whether to approve a course of instruction under subsection (1), he shall have regard to:\n\n(a) the content of the course and the standards to be attained in the course;\n\n(b) the qualifications possessed by the teachers providing instruction in the course;\n\n(c) the adequacy of the facilities available for the conduct of the course;\n\n(d) the extent to which instruction will be given to students undertaking the course directly by the teachers providing instruction in the course; and\n\n(e) the duration of the course.","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Grants for approved courses provided by non‑government business colleges","content":"##### 37 Grants for approved courses provided by non‑government business colleges\n\n  (1) The Minister shall, after 31 December in each year to which this Act applies, authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non‑government business college in providing in that State, in that year, a course that is an approved course of that college in respect of that year, of such amount as the Minister determines.\n  (2) The Minister shall not authorize the payment to a State under subsection (1), in relation to the provision in that State by a non‑government business college, in a year to which this Act applies, of an approved course of that college in respect of that year, of an amount that exceeds the sum of the amounts (if any) respectively ascertained in respect of each of the months of that year by multiplying the amount specified in Column 2, 3 or 4 (whichever is appropriate) of Schedule 16 as the maximum capitation amount in respect of each month of that year by the total number of students receiving instruction in that course in that State on the business college census date for that month.\n  (3) In calculating the number of students receiving instruction in an approved course of a non‑government business college in respect of a year to which this Act applies on a business college census date in that year, a student receiving instruction in such a course on that date who was receiving instruction in such a course on each of 10 or more previous business college census dates (whether in that year or in that year and in a previous year or previous years and whether or not he was, on that first‑mentioned date and those previous dates, receiving instruction in the same approved course of secretarial studies) shall be disregarded.\n  (4) Financial assistance is granted to a State under this section in respect of the recurrent expenditure of a non‑government business college in the provision, in that State, in a year to which this Act applies of an approved course of that college on the conditions that:\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to the State under this section in relation to the college;\n\n(b) the State will not make a payment to the approved authority under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure incurred, in respect of that year, by the college in the provision in that year of approved courses of that college;\n\n(ii) the approved authority will cause to be furnished to the Minister not later than 30 September in the year next following the expiration of that year:\n\n(A) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) has been fulfilled; and\n\n(B) a statement, in writing, that contains such information in respect of the recurrent expenditure of the college, and such other financial and statistical information in respect of the college, as is required by the Minister to be so furnished;\n\n(iii) if the approved authority does not fulfil a condition specified in subparagraph (i) or (ii), the approved authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority; and\n\n(c) if an amount that the approved authority of the college is liable to repay to the State under the condition referred to in subparagraph (b)(iii) is repaid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.","sortOrder":47},{"sectionNumber":"Part VI","sectionType":"part","heading":"Miscellaneous","content":"## Part VI—Miscellaneous","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Grants for community language courses","content":"##### 38 Grants for community language courses\n\n  (1) The Commission may, from time to time, submit for the approval of the Minister proposals for expenditure by a university or a college of advanced education on the provision, or the development and provision, of courses in community languages.\n  (2) The Minister may approve a proposal submitted to him under subsection (1) as an approved community language proposal of the university or college of advanced education to which the proposal relates in respect of a year to which this Act applies, or in respect of each year to which this Act applies, that is specified in the approval, and may revoke or vary any such approval.\n  (3) Where the Minister approves a proposal as an approved community language proposal of a university or of a college in respect of a particular year to which this Act applies, the Minister shall determine an amount, not exceeding the estimated expenditure on the proposal in that year, as the amount of approved expenditure on the proposal in respect of that year.\n  (4) The aggregate of the amounts of approved expenditure on approved community language proposals of universities and colleges of advanced education shall not exceed:\n\n(a) in respect of the year 1982—$820,000;\n\n(b) in respect of the year 1983—$894,000; or\n\n(c) in respect of the year 1984—$963,000.\n\n  (5) Financial assistance is granted to a State under this section in relation to approved community language proposals of a university or college of advanced education in respect of a year to which this Act applies on the conditions that:\n\n(a) the State will pay each amount of that financial assistance received by it to the university or college without undue delay;\n\n(b) the State will ensure that the sum of the amounts expended by the university or college in connection with approved community language proposals of the university or college in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to approved community language proposals of the university or college in respect of that year; and\n\n(c) the State will ensure that the university or college furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure by the university or college in connection with approved community language proposals of the university in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.\n\n  (6) In this section, community language means a language, other than the English language, that is the first language of a significant part of the Australian community.","sortOrder":49},{"sectionNumber":"38A","sectionType":"section","heading":"Recurrent grants may be increased to assist institutions in meeting certain superannuation expenses","content":"##### 38A Recurrent grants may be increased to assist institutions in meeting certain superannuation expenses\n\n  (1) The Minister shall, for the purposes of this section, determine that expenditure by universities or colleges of advanced education of a specified kind, being expenditure in respect of, or in relation to, superannuation shall be relevant superannuation expenditure and may revoke or vary any determination so made.\n  (2) Where the Minister is satisfied that a university or a college of advanced education has incurred, or will incur, in respect of the year 1983 or the year 1984, relevant superannuation expenditure, the Minister may, during that year, determine an amount to be an amount of additional financial assistance that is payable in relation to that university or to that college of advanced education, in respect of that year, and, upon the making of that determination, this Act has effect as if:\n\n(a) in a case where the amount is determined in relation to a university—the amount specified opposite to the name of that university in the Column of Schedule 1 that relates to that year had been increased (as from 1 January in that year) by the amount so determined; or\n\n(b) in a case where the amount is determined in relation to a college of advanced education—the amount specified opposite to the name of that college in the Column of Part I of Schedule 8 that relates to that year had been increased (as from 1 January in that year) by the amount so determined.\n\n  (3) The aggregate of the amounts determined under subsection (2) in relation to universities and colleges of advanced education shall not exceed:\n\n(a) in respect of the year 1983—$2,627,000; or\n\n(b) in respect of the year 1984—$12,054,000.","sortOrder":50},{"sectionNumber":"38B","sectionType":"section","heading":"Recurrent grants may be increased to assist institutions to meet expenses due to increased enrolments in 1984","content":"##### 38B Recurrent grants may be increased to assist institutions to meet expenses due to increased enrolments in 1984\n\n  (1) Where, after receiving advice from the Commission, the Minister is satisfied that a university or college of advanced education has incurred, or will incur, in respect of the year 1984, additional expenditure by reason of the increased numbers of students enrolling at the university or college of advanced education or by reason of special measures to encourage increased numbers of students, the Minister may determine an amount of additional financial assistance that is to be payable in relation to that university or that college of advanced education and, upon the making of that determination, this Act has effect as if:\n\n(a) in a case where the amount is determined in relation to a university—the amount specified opposite to the name of that university in the Column of Schedule 1 that relates to that year had been increased (as from 1 January in that year) by the amount so determined; or\n\n(b) in a case where the amount is determined in relation to a college of advanced education—the amount specified opposite to the name of that college in the Column of Part I of Schedule 8 that relates to that year had been increased (as from 1 January in that year) by the amount so determined.\n\n  (2) The aggregate of the amounts determined under subsection (1) in relation to universities and colleges of advanced education shall not exceed $10,834,000.\n  (3) As soon as practicable after the Minister has made a determination under subsection (1), the Minister shall cause a statement setting out particulars of the determination to be laid before each House of the Parliament.","sortOrder":51},{"sectionNumber":"40","sectionType":"section","heading":"Conditions attaching to building grants","content":"##### 40 Conditions attaching to building grants\n\n  (1) Financial assistance is granted to a State under section 13, 13A, 13B, 21, 21A, 21B, 34, 34A or 34B in relation to a building project of a tertiary education institution of the kind to which the section relates in respect of the year to which the section relates on the conditions that:\n\n(a) in a case where the tertiary education institution is an institution other than a technical and further education institution—the State will pay each amount paid to it under that section to the tertiary education institution without undue delay;\n\n(b) the State will ensure that the amount expended in relation to work carried out before 1 January next following the end of that year in connection with the project will be not less than the sum of the amounts paid to the State in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to tertiary education institutions of that kind;\n\n(c) the State will ensure that information in respect of the project is furnished to the Commission in accordance with any relevant direction under paragraph 4(1)(d);\n\n(d) the State will ensure that the project will be carried out in accordance with the directions (if any) given by the Commission under subsection 4(5);\n\n(e) the State will ensure that, if the Commission so requests, there will be furnished to the Commission, as soon as practicable after such date as the Commission specifies, such particulars as are specified by the Commission concerning the progress or expected progress of the work or matter constituting the project; and\n\n(f) the State will cause to be furnished to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the amounts expended in respect of work carried out before 1 January next following the end of that year in connection with the approved project.\n\n  (2) In subsection (1), a reference to an approved building project of a tertiary education institution in respect of a particular year shall be read as a reference to:\n\n(a) in a case where the tertiary education institution is a university and that year is 1982:\n\n(i) a building project specified in Column 2 of Part I of Schedule 7 in relation to the university;\n\n(ii) a project approved by the Commission under subsection 13(2) as an approved minor building project of the university in respect of that year; or\n\n(iii) a design project of the university specified in Part III of Schedule 7;\n\n(aa) in a case where the tertiary education institution is a university and that year is 1983:\n\n(i) a building project specified in Column 2 of Part I of Schedule 7A in relation to the university;\n\n(ii) a project approved by the Commission under subsection 13A(2) as an approved minor building project of the university in respect of that year; or\n\n(iii) a design project of the university specified in Part III of Schedule 7A;\n\n(ab) in a case where the tertiary education institution is a university and that year is 1984:\n\n(i) a building project specified in Column 2 of Part I of Schedule 7B in relation to the university;\n\n(ii) a project approved by the Commission under subsection 13B(2) as an approved minor building project of the university in respect of that year; or\n\n(iii) a design project of the university specified in Part III of Schedule 7B;\n\n(b) in a case where the tertiary education institution is a College of Advanced Education and that year is 1982:\n\n(i) a building project specified in Column 2 of Part IV of Schedule 7 in relation to the college; or\n\n(ii) a project approved by the Commission under subsection 21(2) as an approved minor building project of the college in respect of that year;\n\n(ba) in a case where the tertiary education institution is a college of advanced education and the year is 1983:\n\n(i) a project specified in Column 2 of Part IV of Schedule 7A in relation to that college; or\n\n(ii) a project approved by the Commission under subsection 21A(2) as an approved minor building project of the college in respect of that year;\n\n(bb) in a case where the tertiary education institution is a college of advanced education and the year is 1984:\n\n(i) a project specified in Column 2 of Part IV of Schedule 7B in relation to the college; or\n\n(ii) a project approved by the Commission under subsection 21B(2) as an approved minor building project of the college in respect of that year;\n\n(c) in a case where the tertiary education institution is a technical and further education institution and the year is 1982—a building project specified in Column 2 of Part VI of Schedule 7 in relation to the technical and further education institution; or\n\n(d) in a case where the tertiary education institution is a technical and further education institution and the year is 1983—a project specified in Column 2 of Part VI of Schedule 7A in relation to the technical and further education institution;\n\n(da) in a case where the tertiary education institution is a technical and further education institution and the year is 1984—a project specified in Column 2 of Part VI of Schedule 7B in relation to the technical and further education institution.","sortOrder":52},{"sectionNumber":"41","sectionType":"section","heading":"Variation of building grants in Schedule 7, 7A or 7B","content":"##### 41 Variation of building grants in Schedule 7, 7A or 7B\n\n  (1) Subject to this section, the Minister may, from time to time, after receiving advice from the Commission, direct that this Act shall have effect as if all or any of the amounts specified in Column 3 of Part I, IV or VI, or specified in Part II, III or V, of a relevant Schedule were varied in accordance with that direction, and, where the Minister gives a direction with respect to any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.\n  (2) Subject to this section, the Commission may, from time to time, direct that this Act shall have effect as if all or any of the amounts specified in a relevant Schedule were varied in accordance with the direction, and, where the Commission gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.\n  (3) Where the Minister approves a building project under paragraph 4(1)(a), (b) or (c), as a building project in respect of the year 1982, the year 1983 or the year 1984 the Minister shall direct that this Act shall have effect as if:\n\n(a) the relevant Schedule were varied by including, in Part I, Part IV or Part VI, as the case requires, particulars of the project and of the amount of the approved expenditure on that project in respect of that year; and\n\n(b) all or any of the amounts specified in the relevant Schedule were varied in accordance with the direction, being variations consequential on the inclusion in that Schedule of the new project having regard to the provisions of subsection (7);\n\n  and then, for the purposes of this Act (including this section):\n\n(c) the particulars referred to in paragraph (a) shall be deemed to have been specified in that Schedule (as from the commencing day); and\n\n(d) there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for the amounts referred to in paragraph (b), the amounts as so varied.\n\n  (4) The Minister shall not give a direction under subsection (3) that would have the effect of increasing or decreasing the aggregate of the amounts that may be paid to a State under section 13, 13A, 13B, 21, 21A, 21B, 34, 34A or 34B unless the State has agreed to the variation or variations.\n  (5) The Commission shall not give a direction under subsection (2) involving a variation of an amount in Column 3 of Part I, IV or VI of a relevant Schedule that would have the effect of varying an amount specified in that column of that Part to an amount that is greater or less than:\n\n(a) unless paragraph (b) applies—the amount so specified; or\n\n(b) if a direction or directions has or have previously been given under this section—the amount that would have been specified if that direction or those directions had not been given;\n\n  by more than 10% of that amount or $300,000, whichever is the less.\n  (6) The Commission shall not give a direction under subsection (2) involving a variation of an amount specified in Column 4 of Part I, IV or VI or an amount specified in Part II, III or V of a relevant Schedule that would have the effect of increasing or decreasing the aggregate of the amounts that may be paid to a State under section 13, 13A, 13B, 21, 21A, 21B, 34, 34A or 34B.\n  (7) A direction shall not be given under subsection (2) or (3):\n\n(a) that would result in the aggregate of the amounts payable to the States under sections 13, 21 and 34 being greater or less than $143,355,000;\n\n(aa) that would result in the aggregate of the amounts payable to the States under sections 13A, 21A and 34A being greater or less than $157,300,000;\n\n(ab) that would result in the aggregate of the amounts payable to the States under sections 13B, 21B and 34B being greater or less than $179,246,000; or\n\n(b) that could result in a State becoming liable to repay an amount to the Commonwealth under this Act.\n\n  (8) A direction shall not be given under subsection (1), (2) or (3) in respect of an amount specified in a relevant Schedule in relation to a State or to an institution or other body situated in a State unless the Minister or the Commission has consulted the State in relation to the proposed variation.\n  (9) As soon as practicable after the Commission has given a direction under subsection (2), the Commission shall furnish to the Minister particulars of the direction.\n  (10) As soon as practicable after the Minister has given a direction under subsection (1) or (3) or has been furnished under subsection (9) with particulars of a direction given by the Commission under subsection (2), the Minister shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.\n  (11) In this section:\n\n> commencing day means:\n\n(a) in relation to a variation of Schedule 7—26 November 1981;\n\n(b) in relation to a variation of Schedule 7A—the day on which the States Grants (Tertiary Education Assistance) Amendment Act 1982 received the Royal Assent; or\n\n(c) in relation to a variation of Schedule 7B—the day on which the States Grants (Tertiary Education Assistance) Amendment Act 1983 received the Royal Assent.\n\n> relevant Schedule means Schedule 7, Schedule 7A or Schedule 7B.","sortOrder":53},{"sectionNumber":"41A","sectionType":"section","heading":"Benefits of, and opportunities created by, grants to be equally available to male students and female students","content":"##### 41A Benefits of, and opportunities created by, grants to be equally available to male students and female students\n\n  (1) A payment under this Act to a State for the purposes of financial assistance is granted on the condition that the State will ensure that the benefits of, and the opportunities created by, the payment will, as far as practicable, be equally available to male students and female students.\n  (2) Subsection (1) does not apply in relation to payments in respect of student residences or affiliated colleges.\n  (3) Subsection (1) does not apply in relation to a payment made for the purpose of providing a course of instruction at a non‑government business college all the students at which are of the same sex.\n  (4) Where:\n\n(a) the benefits of, or the opportunities created by, a particular project or program or particular expenditure would not, but for this subsection, be equally available to male students and female students; and\n\n(b) an object of the project, program or expenditure is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure that persons of that sex have equal opportunities with persons of the other sex in connection with education or training;\n\n  the benefits of, or the opportunities created by, the project, program or expenditure shall not be taken, for the purposes of this Act, not to be equally available to male students and female students.","sortOrder":54},{"sectionNumber":"42","sectionType":"section","heading":"Additional conditions etc.","content":"##### 42 Additional conditions etc.\n\n  (1) In addition to the conditions specified in any other provision of this Act, financial assistance is granted to a State under this Act in respect of a year to which this Act applies on the conditions that:\n\n(a) if the Minister informs the State that he is satisfied that the State has failed to fulfil a condition applicable to that financial assistance, the State will pay an amount equal to the amount of the financial assistance or to such part of the amount of the financial assistance as the Minister specifies, to the Commonwealth; and\n\n(b) if the amount of the financial assistance paid to the State under a provision of this Act exceeds the amount of that financial assistance that is properly payable to the State under that provision, the State will pay an amount equal to the excess to the Commonwealth.\n\n  (2) Where the Minister is satisfied, on the basis of information contained in a relevant certificate furnished to the Commission in compliance with the conditions attaching to a grant of financial assistance in relation to a university or to a college of advanced education in respect of the year 1981, 1982 or 1983, that the prescribed staff of that university or of that college, as the case requires, comprising a category or class of persons in respect of which the Academic Salaries Tribunal had recommended a rate of salary or a scale of rates of salary applicable to that year or a part of that year, have been paid, in respect of, or of a part of, that year or that part of that year, salary at a rate, or in accordance with a scale of rates, in excess of the rate or scale of rates so recommended, he may direct that this Act shall have effect as if the amount specified in Schedule 1 in relation to that university and to the year next following that year or in Part I of Schedule 8 in relation to that college and to the year next following that year, as the case requires, were reduced by an amount specified by him, and, where he gives such a direction, there shall be deemed to have been specified in that Schedule or that Part (as from the commencing day) in substitution for the amount specified in that Schedule or that Part, that amount as so reduced.\n  (3) The Minister shall not, upon being satisfied of the matter referred to in subsection (2) in relation to the payment of salary to prescribed staff of a university or college of advanced education in respect of a year or a part of a year, give a direction under that subsection by virtue of which an amount specified in relation to that university or college is reduced by an amount that exceeds the aggregate of the amounts by which the salary paid to that prescribed staff in respect of that year or that part of that year exceeds the salary that would have been paid to that prescribed staff in respect of that year or that part of that year if salary had been paid at the rate or scale of rates recommended by the Academic Salaries Tribunal.\n  (4) In subsection (2), a reference to a relevant certificate furnished to the Commission in compliance with the conditions attaching to a grant of financial assistance shall be read as a reference:\n\n(a) in a case where the grant of financial assistance is a grant in relation to a university in respect of the year 1981 under section 6 of the States Grants (Tertiary Education Assistance) Act 1978—to a certificate furnished in compliance with subsection 6(2AA) of that Act;\n\n(b) in a case where the grant of financial assistance is a grant in relation to a college of advanced education in respect of the year 1981 under section 14 of the States Grants (Tertiary Education Assistance) Act 1978—to a certificate furnished in compliance with subsection 14(2A) of that Act;\n\n(c) in a case where the grant of financial assistance is a grant to a university in respect of the year 1982 or 1983 under section 7 of this Act—to a certificate furnished in compliance with paragraph 7(2)(d) of this Act; and\n\n(d) in a case where the grant of financial assistance is a grant to a college of advanced education in respect of the year 1982 or 1983 under section 15 of this Act—to a certificate furnished in compliance with paragraph 15(2)(d) of this Act.\n\n  (5) As soon as practicable after the Minister has given a direction under subsection (2), he shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.","sortOrder":55},{"sectionNumber":"43","sectionType":"section","heading":"Time and manner of payments","content":"##### 43 Time and manner of payments\n\n  Financial assistance payable to a State under this Act shall be paid in such amounts, and at such times, as the Minister determines in accordance with arrangements approved by the Minister for Finance.","sortOrder":56},{"sectionNumber":"44","sectionType":"section","heading":"Delegation","content":"##### 44 Delegation\n\n  (1) The Commission may, by resolution, either generally or as otherwise provided by the resolution:\n\n(a) delegate to a full‑time member of the Commission or to the Universities Council established under section 19 of the Commonwealth Tertiary Education Commission Act 1977 all or any of its powers under section 4 or 41 in relation to building projects of universities or all or any of its powers under Part II;\n\n(b) delegate to a full‑time member of the Commission or to the Advanced Education Council established under section 22 of the Commonwealth Tertiary Education Commission Act 1977 all or any of its powers under section 4 or 41 in relation to building projects of colleges of advanced education or all or any of its powers under Part III; and\n\n(c) delegate to a full‑time member of the Commission or to the Technical and Further Education Council established under section 25 of the Commonwealth Tertiary Education Commission Act 1977 all or any of its powers under section 4 or 41 in relation to building projects of technical and further education institutions or all or any of its powers under Part IV.\n\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Commission.\n  (3) A delegation of a power under this section:\n\n(a) may be revoked by resolution of the Commission (whether or not constituted by the persons constituting the Commission at the time the power was delegated);\n\n(b) does not prevent the exercise of the power by the Commission; and\n\n(c) continues in force notwithstanding a change in the membership of the Commission.\n\n  (4) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Commission were a person.\n  (5) A certificate signed by the Chairman stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.\n  (6) A document purporting to be a certificate mentioned in subsection (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.","sortOrder":57},{"sectionNumber":"45","sectionType":"section","heading":"Advances","content":"##### 45 Advances\n\n  The Minister and the Minister for Finance may make arrangements for the making by the Minister for Finance to a State, by way of financial assistance to the State, of advances on account of an amount that is expected to become payable under a provision of this Act to the State, and the conditions that would be applicable to a payment of the amount under that provision are applicable to any such advance.","sortOrder":58},{"sectionNumber":"46","sectionType":"section","heading":"Payments may be made out of the Consolidated Revenue Fund or the Loan Fund","content":"##### 46 Payments may be made out of the Consolidated Revenue Fund or the Loan Fund\n\n  Payments (including an advance under section 45) to a State under this Act may be made out of:\n\n(a) in the case of payments under section 10, 13, 13A, 13B, 19, 21, 21A, 21B, 24, 25, 33, 34, 34A or 34B—the Consolidated Revenue Fund or the Loan Fund; or\n\n(b) in any other case—the Consolidated Revenue Fund.","sortOrder":59},{"sectionNumber":"47","sectionType":"section","heading":"Authority to borrow","content":"##### 47 Authority to borrow\n\n  The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts payable to the States under sections 10, 13, 13A, 13B, 19, 21, 21A, 21B, 24, 25, 33, 34, 34A and 34B.","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Application of moneys borrowed","content":"##### 48 Application of moneys borrowed\n\n  Moneys borrowed under section 47 shall be issued and applied only for the expenses of borrowing, for the purpose of making payments to the States in accordance with section 10, 13, 13A, 13B, 19, 21, 21A, 21B, 24, 25, 33, 34, 34A or 34B and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 49.","sortOrder":61},{"sectionNumber":"49","sectionType":"section","heading":"Reimbursement of Consolidated Revenue Fund from Loan Fund","content":"##### 49 Reimbursement of Consolidated Revenue Fund from Loan Fund\n\n  (1) Where an amount has been paid out of the Consolidated Revenue Fund in accordance with section 10, 13, 13A, 13B, 19, 21, 21A, 21B, 24, 25, 33, 34, 34A or 34B, the Minister for Finance may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.\n  (2) In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Minister for Finance under section 49 or 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under subsection (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Appropriation","content":"##### 50 Appropriation\n\n  The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.","sortOrder":63},{"sectionNumber":"52","sectionType":"section","heading":"Report by Minister","content":"##### 52 Report by Minister\n\n  The Minister shall, as soon as practicable after the end of each year to which this Act applies, cause a report setting out details of:\n\n(a) determinations made by him during that year under subsections 9(2), 26(1) and 38(3) and any instruments made by him during that year revoking or varying any determinations so made; and\n\n(b) determinations made by the Commission during that year under subsections 11(2) and 20(2);\n\n  to be laid before each House of the Parliament.","sortOrder":64}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2657},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation maintains its original focus on tertiary education funding as indicated by the title. While it covers diverse institution types—including universities, CAEs, TAFE institutes, non-government teachers colleges, and business colleges—this breadth appears to be the intended original scope rather than scope creep. The Act is organized into distinct Parts (II-V) specifically addressing each sector, suggesting comprehensive coverage was planned from inception."},"complexity_factors":["21+ defined terms in section 3 alone, including nested exclusions (e.g., 'fees' with 6 sub-paragraph exclusions)","Heavy reliance on 20+ external Schedules for dollar amounts and project lists (Schedules 1-7B, 8-17 referenced)","Multi-layered approval hierarchies requiring coordination between Minister, Commonwealth Tertiary Education Commission, State authorities, and institutional bodies","Complex carry-forward accounting mechanisms in sections 7 and 17 allowing adjustments across financial years (1981-1984) with base-year calculations","Time-specific provisions creating different legal rules for 1982, 1983, and 1984 (e.g., separate sections 13, 13A, 13B for building projects in each year)","Extensive cross-referencing to predecessor legislation (States Grants (Tertiary Education Assistance) Act 1978) and other Acts (Remuneration Tribunal Act 1973)","Nested conditional logic up to 12 subsection levels (e.g., section 17) with multiple thresholds ($50,000 or 1%, whichever is greater)"],"plain_english_summary":"This Act establishes a three‑year (1982–84) Commonwealth funding scheme paying States to support tertiary institutions—universities, CAEs, TAFE, selected private colleges and NT institutions. Funding covers operating costs, research, equipment, housing and capital works, with special pools for research centres and community languages.\n\nStates must pass funds promptly to institutions, maintain fee‑free study, match Commonwealth spending, submit audited accounts, seek approvals for new courses/projects, and ensure equal access—showing strong federal oversight of higher education finance."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act continues and replaces the framework of Commonwealth assistance established under the 1978 Act, carrying forward and updating financial allocations and administrative rules for 1982–1984 rather than creating a new class of Commonwealth involvement. It refines funding levels, adds year‑specific schedules and preserves conditional payment mechanisms (audit, no student fees, State pass‑through) while granting the Minister and the Commission powers to approve, vary or revoke programs and amounts (see ss 1, 7, 15, 4, 41)."},"complexity_factors":["Multiple institution types with distinct rules (universities, colleges of advanced education, technical and further education institutions, non‑government teachers/business colleges) increasing conditional variation across Parts II–V.","Extensive year‑specific schedules and numeric allocations across many Schedules (Schedules 1–16) for 1982–1984, creating many cross‑linked figures and limits.","Numerous conditional grants with audit, reporting and passthrough requirements that impose compliance burdens on States and institutions (e.g. ss 7(2)(d), 15(2)(d), 28(2)(c), 19(5)).","Carry‑forward and excess‑adjustment mechanisms with prescribed caps and ministerial discretion (e.g. ss 7(5)–(8), 17, 26), requiring accounting adjustments and calculations.","Significant delegated discretion for Minister and Commission to approve, vary or revoke approvals and to change schedules and amounts (e.g. ss 4, 9(1), 10(2), 18, 30, 41), increasing administrative unpredictability.","Aggregate caps, project‑level caps and percentage thresholds (e.g. s 9(4) total cap; ss 13/13A/13B & 21/21A/21B caps; 0.25% or $50,000/$30,000 minor project tests) which interact in complex ways.","Prescriptive conditionalities for non‑government bodies including approved authorities, repayment obligations and certified statements (e.g. ss 23–25, 37), increasing legal formality for smaller providers.","Delegation, payment timing and finance arrangements that involve multiple funding sources (Consolidated Revenue Fund, Loan Fund) and borrowing rules (ss 43–49), adding financial‑management complexity.","Heavy cross‑referencing to the earlier States Grants (Tertiary Education Assistance) Act 1978 (multiple transitional and definitional references) complicating interpretation (see ss 3, 7(10), 17(12), 22(7))."],"plain_english_summary":"This Act sets Commonwealth grants to States for tertiary education—universities, colleges of advanced education, TAFE and certain non‑government colleges—for 1982–1984. It prescribes dollar allocations, approval routes for building, equipment, research and special programs, and conditions such as no student fees, audited expenditure returns and State pass‑through of funds.\n\nIt matters because the Commonwealth funds institutions via States, imposes reporting and repayment rules that affect institutional budgets and choices, and gives the Minister and the Commonwealth Tertiary Education Commission power to approve, vary or revoke grants."}},"importantCases":[],"_links":{"self":"/api/acts/states-grants-tertiary-education-assistance-act-1981","history":"/api/acts/states-grants-tertiary-education-assistance-act-1981/history","analysis":"/api/acts/states-grants-tertiary-education-assistance-act-1981/analysis","conflicts":"/api/acts/states-grants-tertiary-education-assistance-act-1981/conflicts","importantCases":"/api/acts/states-grants-tertiary-education-assistance-act-1981/important-cases","documents":"/api/acts/states-grants-tertiary-education-assistance-act-1981/documents"}}