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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Act amends the States Grants (Advanced Education) Act to extend recurrent Commonwealth funding to non‑government teachers colleges and increase federal support and flexibility for capital works across the advanced education sector for 1974–75. It affects States, public and private colleges (notably religious teacher‑training institutions) and their students, expanding Commonwealth involvement in tertiary teacher training and helping cover inflationary construction cost overruns.
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Direct links to the current provisions in States Grants (Advanced Education) Act 1974.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATES GRANTS (ADVANCED EDUCATION)
ACT 1974
No. 140 of 1974
An Act to amend the States Grants (Advanced Education) Act 1972-1973.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
(2) The States Grants (Advanced Education) Act 1972-1973 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the States Grants (Advanced Education) Act 1972-1974.
Commencement.
Interpretation.
(a) by omitting the definition of college purposes m sub-section (1) and substituting the following definition:—
“‘college purposes’, in relation to a college of advanced education or a non-government teachers college, means—
(a) in the case of a college of advanced education (not being a body constituted by a State Act) or a non-government teachers college—the general teaching purposes of that college in connexion with courses of study at that college approved by the Commission under section 4, including external tuition for those courses of study, planning and other preparatory work in connexion with proposed courses of study approved by the Commission under that section and also including, other than in the case of a non-government teachers college, the provision by that college of residential accommodation for staff and students of that college; or
(b) in the case of a college of advanced education (being a body constituted by a State Act)—the purposes, or the furtherance of the objects, of that body specified in that State Act;”;
(b) by inserting in the definition of “fees” in sub-section (1), after the words “college of advanced education” (wherever occurring), the words “or a non-government teachers college”;
(c) by inserting in sub-section (1), after the definition of “non-collegiate accommodation”, the following definition:—
“‘non-government teachers college’ means a place of education specified in the Fourth Schedule;”; and
(d) by adding at the end thereof the following sub-section:—
“(6) Where a member of the teaching staff of a non-government teachers college who is a member of a religious order is replaced as a member of that staff by a person who is not a member of a religious order, the increased expenditure of the college arising out of that replacement—
(a) shall, for the purposes of this Act, be deemed to be expenditure upon special staffing purposes of the college; and
(b) shall, for the purposes of this Act, be deemed not to be expenditure upon, on, or in relation to, college purposes of the college.”.
Approvals in respect of courses, works and library materials.
Grants for recurrent expenditure of non-government teachers colleges for college purposes.
“5a. Subject to section 5c, in relation to a non-government teachers college, there is payable in respect of each of the years 1974 and 1975 to the State in which the college is situated, for the purpose of financial assistance—
(a) where a determination is in force under the provisions of section 5, as extended by section 5c, specifying an amount to be the amount payable to the State under this section in relation to the college in respect of that year and the recurrent expenditure expended by the college upon college purposes during that year (in this section referred to as ‘the recurrent expenditure’) is not less than the amount so specified—an amount equal to the amount so specified;
(b) where there is no such determination in force and the recurrent expenditure is not less than the maximum grant specified in the Fourth Schedule in relation to the college in respect of that year—an amount equal to that maximum grant; or
(c) in any other case—an amount equal to the recurrent expenditure.
Grant for recurrent expenditure of non-government teachers colleges for special staffing purposes.
“5b. Subject to section 5c, in relation to a non-government teachers college specified in the Fifth Schedule, there is payable in respect of each of the years 1974 and 1975 to the State in which the college is situated, in addition to any amount payable under section 5a, for the purpose of financial assistance—
(a) where a determination is in force under the provisions of section as extended by section 5c, specifying an amount to be the amount payable to the State under this section in relation to the college in respect of that year and the recurrent expenditure expended by the college upon special staffing purposes during that year (in this section referred to as ‘the recurrent expenditure’) is not less than the amount specified—an amount equal to the amount so specified;
(b) where there is no such determination in force and the recurrent expenditure is not less than the maximum grant specified in the Fifth Schedule in relation to the college in respect of that year—an amount equal to that maximum grant: or
(c) in any other case—an amount equal to the recurrent expenditure.
Application of provisions of section 5 to non-government teachers colleges.
“5c. (1) Sub-sections (2), (3), (3a) and (4) of section 5 extend to the making, and the ceasing to have effect, of a determination specifying the amount payable under section 5a or 5b to a State in relation to a non-government teachers college in respect of each of the years 1974 and 1975.
“(2) Sub-sections (5), (6), (7), (8) and (14) of section 5 apply for the purpose of calculating a payment under section 5a or 5b.
“(3) For the purposes of the extension or application of the provisions of section 5 referred to in sub-section (1) or (2)—
(a) a reference in those provisions to a college of advanced education shall be read as a reference to a non-government teachers college; and
(b) where the extension or application is for the purposes of section 5a—
(i) a reference in those provisions to the First Schedule shall be read as a reference to the Fourth Schedule; and
(ii) a reference in sub-section (14) of section 5 to the fourth and fifth columns of the First Schedule shall be read as a reference to the second and third columns respectively of the Fourth Schedule; and
(c) where the extension or application is for the purposes of section 5b—
(i) a reference in those provisions to the First Schedule shall be read as a reference to the Fifth Schedule;
(ii) a reference in those provisions to college purposes shall be read as a reference to special staffing purposes; and
(iii) the reference in sub-section (14) of section 5 to the fourth and fifth columns of the First Schedule shall be read as a reference to the second and third columns respectively of the Fifth Schedule.
Conditions in respect of grants under sections 5a and 5b.
“5d. The financial assistance to a State under sections 5a or 5b in respect of a non-government teachers college is granted on the conditions that—
(a) the State will, without undue delay, pay that financial assistance to the body administering the college to which the financial assistance relates; and
(b) the payment referred to in paragraph (a) will not be made unless the body administering the college agrees with the State, before or at the time of accepting the payment, to be bound by the following conditions:—
(i) the body will ensure that an amount equal to the relevant payment is applied, in a manner approved by the Commission, by way of recurrent expenditure, upon—
(A) in the case of financial assistance under section 5a—college purposes of the college; or
(B) in the case of financial assistance under section 5b—special staffing purposes of the college;
(ii) fees will not be charged in respect of the year, or any part of the year, in respect of which the payment is made. ”.
Additional conditions.
Grants for capital expenditure on college building projects, &c.
(a) by omitting from sub-section (1) all the words after the word “exceeding” and substituting the words “an amount ascertained by multiplying the State contribution by the relevant factor for the State;
(b) by omitting sub-sections (la) and (1b) and substituting the following sub-section:—
“(1a) Where the Commission is satisfied that the State contribution, or the total of the State contributions, during the year 1973 in relation to a college of advanced education specified in the first column of the Second Schedule, for the purpose of carrying out a project specified in respect of that college in the second column of that Schedule exceeds the amount ascertained by dividing the prescribed amount by the relevant factor for the State, the Commission may, at the request of the State, approve—
(a) the reduction of the amount payable to that State under sub-section (1) by an amount equal to the amount of that excess; and
(b) the payment to the State by way of financial assistance, of an amount equal to the amount of the reduction under paragraph (a);”;
(c) by omitting from sub-section (7) all the words after the word “exceed” and substituting the words “an amount equal to the prescribed fraction of the approved estimated cost of the project as specified in the particulars of that work or matter approved by the Minister under section 3”; and
(d) by adding after sub-section (11) the following sub-section:—
“(12) In this section—
‘prescribed amount’, in relation to a project of a college of advanced education, means—
(a) except where paragraph (b) applies—the amount specified in relation to that project in the third column of the Second Schedule; or
(b) if an amount has been determined by the Minister or by the Commission under sub-section (3) to be the maximum amount payable in respect of that project—that amount;
‘prescribed fraction’, in relation to a State, means the fraction obtained by dividing the relevant factor for that State by a number equal to that relevant factor plus 1;
‘relevant factor’, in relation to a State, means the number specified in the Sixth Schedule opposite to the name of that State.”.
Additional grants for cost increases.
“6a. (1) Subject to this section, where it appears to the Minister that, by reason of increases in the cost of a project of a college of advanced education, being a project specified in relation to that college in the second column of the Second Schedule, the amount that may be paid under section 6 in respect of that project should be supplemented, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to that project, in addition to the amount payable in respect of that project under section 6, such amount as the Minister determines.
“(2) Amounts determined by the Minister under sub-section (1) in respect of projects of colleges of advanced education in a State shall not, in the aggregate, exceed the amount specified in relation to that State in the Seventh Schedule.
“(3) The financial assistance to a State under sub-section (1) in respect of a project is granted on the condition that the State will, in respect of each payment of that financial assistance and without undue delay, ensure that the amount of the payment is applied towards the project in a manner approved by the Commissioner.
Grant for course in social work.
“(3) Subject to sub-section (4)—
(a) there is payable to the State of Tasmania, during the year 1974, for the purpose of financial assistance, $99,960; and
(b) there is payable to the State of Tasmania, during the year 1975, for the purpose of financial assistance, $112,510.
“(4) The financial assistance to the State of Tasmania by way of a payment of an amount under sub-section (3) is granted on the condition that the State will, without undue delay, ensure that the amount of the payment is applied, in a manner approved by the Commission, towards the cost incurred by the Tasmanian College of Advanced Education in respect of the conduct and development of the post-graduate course referred to in sub-section (2).”.
Grants for special education courses.
Grants for colleges conducting pre-school teachers courses.
Grant in relation to Western Australian Institute of Technology.
Grant to Victoria in connexion with certain new courses.
Section 7g of the Principal Act is amended by omitting from sub-section (1) the figures “$800,000” and substituting the figures “$858,300”.
After section 7g of the Principal Act the following sections are inserted:—
Grant in relation to State College of Victoria, Toorak.
“7h. (1) There are payable to the State of Victoria, during the year 1975, in relation to the State College of Victoria, Toorak, for the purpose of financial assistance, such amounts as the Minister approves in respect of the costs incurred by the college in connexion with the provision, in that year, of courses of training leading to a Diploma of Primary Teaching by reason that those courses are availed of by persons who have partly completed courses of that kind provided by Mercer House.
“(2) The sum of the amounts payable to the State under sub-section (1) shall not exceed $68,170.
“(3) The financial assistance to the State of Victoria under this section is granted on the condition that the State will, in respect of each payment of that financial assistance and without undue delay, ensure that the amount of the payment is applied, in a manner approved by the Commission, towards the costs incurred by the college in connexion with the provision, to the persons referred to in sub-section (1), of the courses referred to in that sub-section.
“(4) As soon as practicable after 31 December 1975, the Minister shall cause a statement of the approvals given under this section to be laid before each House of the Parliament.
Grants for post-graduate diploma courses in recreation leadership.
“7j. (1) During the period to which this Act applies, there are payable to such State as the Minister approves, in relation to a college of advanced education situated in that State that proposes to conduct a postgraduate diploma course for training recreation leaders, for the purposes of financial assistance, such amounts in respect of that course as the Minister approves.
“(2) The sum of the amounts payable to the State under sub-section (1) shall not exceed $80,000 of which not more than $40,000 shall be paid during the year 1974.
“(3) The financial assistance to a State under this section in relation to a college of advanced education is granted on the condition that the State will, in respect of each payment of that financial assistance and without undue delay, ensure that the amount of the payment is
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