25BGrants to support student organisations—direct payments

#### 25B Grants to support student organisations—direct payments (1) If, in respect of a year, the Minister is satisfied that a State has taken, or refused or failed to reverse, action that has or would have the effect, directly or indirectly, of preventing or hindering: (a) acceptance by an institution, or payment by an institution to a student organisation, of such amount of financial assistance as the Minister determines, or proposes to determine, under subsection 25A(1); or (b) the application, for one or more permitted purposes, by the institution or student organisation of fees imposed, or imposed and collected, on behalf of a student organisation; the Minister may authorise payment to that student organisation in respect of that year of such an amount, by way of financial assistance, as the Minister determines to be appropriate. (2) The total amount determined by the Minister under subsection (1) for payment to the student organisation must not exceed: (a) if paragraph (1)(a) applies—an amount that the Minister determines would have been imposed, or imposed and collected, by the institution for the student organisation in respect of that year; or (b) if paragraph (1)(b) applies—an amount that the Minister determines would have been available for application by the institution or the student organisation in respect of permitted purposes in respect of that year; but for that action of the State, or that refusal or failure by the State to reverse action already taken. (3) Financial assistance is granted to the student organisation under subsection (1) in respect of a year on the conditions that the student organisation: (a) uses the financial assistance for permitted purposes; and (b) gives to the Minister, not later than 30 June next following that year, a statement by a qualified auditor, in an appropriate form, certifying that the financial assistance was used in accordance with paragraph (a). (4) The student organisation may accept and use the financial assistance for permitted purposes. (5) This section has effect despite the provisions of any law, whether written or unwritten, of a State to the contrary. (6) In this section: > permitted purposes means: (a) the purposes of providing benefits to students within the meaning of paragraph 51(xxiiiA) of the Constitution; or (b) purposes that otherwise further the objects of a student organisation; being lawful purposes. > student organisation means an organisation that has as one of its objects or purposes the furthering of the interests generally of students at an institution and that is: (a) a financial corporation or trading corporation within the meaning of paragraph 51(xx) of the Constitution; or (b) an incorporated body or an unincorporated body of any other kind.