28Adjustments where estimated 1988 enrolments not equal to actual enrolments

#### 28 Adjustments where estimated 1988 enrolments not equal to actual enrolments (1) In this section: > actual enrolment number, in relation to a relevant higher education institution in respect of the year 1988, means the actual number of relevant enrolments at the institution in respect of that year. > estimated enrolment number, in relation to a relevant higher education institution in respect of the year 1988, means the number of relevant enrolments at the institution estimated by the Minister under section 5 of the previous Assistance Act. (2) In this section, relevant enrolment and relevant higher education institution have the same meanings as in section 3 of the previous Assistance Act. (3) If the actual enrolment number in relation to a relevant higher education institution in a State in respect of the year 1988 is less than the estimated enrolment number in relation to the institution in respect of that year, there is payable to the State in relation to the institution the amount ascertained in accordance with the formula:  (4) Payment of an amount to a State under Part 2.2 in relation to a relevant higher education institution in respect of the year 1989 is subject to the additional condition that, if the estimated enrolment number in relation to the institution in respect of the year 1988 is less than the actual enrolment number in relation to the institution in respect of that year, the State will pay to the Commonwealth the amount ascertained in accordance with the formula  (5) For the purposes of the formulae in subsections (3) and (4): > A is the actual enrolment number in relation to the institution in respect of the year 1988; > E is the estimated enrolment number in relation to the institution in respect of that year; and > C is the amount of charge applicable to that year under section 4D of the States Grants (Tertiary Education Assistance) Act 1984. (6) An amount payable to a State under subsection (3) in relation to a relevant higher education institution may be added to a grant to the State in relation to that institution in respect of the year 1989. (7) An amount payable by a State to the Commonwealth in accordance with the condition referred to in subsection (4) may be deducted from a grant to the State in respect of the year 1989 in relation to the institution in relation to which the amount became payable. (8) Where the Minister is satisfied that: (a) 2 or more relevant higher education institutions that existed as separate institutions in the year 1988 have amalgamated before or during the year 1989 so as to form a new relevant higher education institution; or (b) a relevant higher education institution that existed as a separate institution in the year 1988 has been incorporated in another relevant higher education institution before or during the year 1989; the Minister may give a direction in accordance with subsection (9) or (10), as the case requires. (9) The Minister may direct that an amount that would have been payable to a State under subsection (3) in relation to either or any of the institutions first referred to in paragraph (8)(a) or the institution first referred to in paragraph (8)(b), if the institution concerned had continued to exist as a separate institution, continues to be payable to the State and may be added to a grant to the State in relation to the new institution referred to in paragraph (8)(a) or the other institution referred to in paragraph (8)(b), as the case may be, in respect of the year 1989. (10) The Minister may direct that an amount that would have been payable by a State to the Commonwealth in accordance with the condition referred to in subsection (4) in relation to either or any of the institutions first referred to in paragraph (8)(a) or the institution first referred to in paragraph (8)(b), if the institution concerned had continued to exist as a separate institution, continues to be payable and may be deducted from a grant to the State in relation to the new institution referred to in paragraph (8)(a) or the other institution referred to in paragraph (8)(b), as the case may be, in respect of the year 1989. Chapter 4—Higher Education Contribution Scheme