6Grants for recurrent expenditure

6 Grants for recurrent expenditure

(1) Subject to this section and to section 8, in relation to a college of advanced education specified in column 1 of Part I of Schedule 1, there is payable to the State in which the college is situated, in respect of the year 1976, for the purpose of financial assistance in relation to recurrent expenditure of the college for college purposes: (a) if a determination is in force under subsection (2) specifying an amount to be the amount payable under this section to the State in relation to recurrent expenditure of the college for college purposes in respect of the year 1976—the amount so specified; or (b) in any other case—the maximum amount available in relation to recurrent expenditure of the college for college purposes. (2) Where a State requests that the maximum amount available in relation to recurrent expenditure of a college of advanced education for college purposes in respect of the year 1976 be increased or reduced: (a) the Minister may, in his or her discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less than the maximum amount available in relation to that recurrent expenditure is to be the amount payable to the State in relation to that expenditure; or (b) if there is no determination by the Minister in force under paragraph (a) in relation to a college of advanced education—the Commission may, in its discretion, determine that an amount specified in the determination, being an amount that is greater or less by not more than $200,000 than the maximum amount available in relation to that recurrent expenditure, is to be the amount payable to the State in relation to that expenditure. (3) If, after the Commission has made a determination under paragraph (2)(b) in relation to a college of advanced education, the Minister makes a determination under paragraph (2)(a) in relation to the college, the determination made by the Commission ceases to have effect. (4) Where the Minister is satisfied that an amount of recurrent expenditure expended after the expiration of the year 1976 related to college purposes of a college of advanced education in respect of that year, he or she may, in his or her discretion and with the approval of the State, direct that, for the purposes of this section, that amount shall be treated as having been expended during that year. (5) Where the Commission is satisfied that an amount of recurrent expenditure, not exceeding $200,000, expended after the expiration of the year 1976 related to college purposes of a college of advanced education in respect of that year, the Commission may, in its discretion and with the approval of the State, direct that, for the purposes of this section, that amount shall be treated as having been expended during that year. (6) The sum of the amounts payable under this section to a State in relation to colleges of advanced education shall not exceed the sum of the maximum amounts available in relation to the recurrent expenditures of those colleges for college purposes in respect of the year 1976 and the amount specified in Part II of Schedule 1 in relation to the State. (7) The financial assistance to a State under this section in relation to a college of advanced education is granted on the conditions that: (a) 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 expenditure by way of recurrent expenditure of that college for college purposes in respect of the year 1976; and (b) the State will ensure that no college of advanced education situated in the State charges fees in respect of the year 1976 or any part of that year. (8) As soon as practicable after the Commission has made a determination under subsection (2), the Commission shall furnish to the Minister particulars of the determination. (9) As soon as practicable after the Minister has made a determination under subsection (2) or has been furnished under subsection (8) with particulars of a determination made by the Commission under subsection (2), the Minister shall cause a statement setting out particulars of the determination to be laid before each House of the Parliament. (10) For the purposes of this section, the maximum amount available in relation to recurrent expenditure of a college of advanced education for college purposes in respect of the year 1976 is an amount equal to the sum of: (a) the amount specified in column 2 of Part I of Schedule 1 opposite to the name of that college in column 1 of that Schedule; and (b) the amount (if any) by which the maximum grant for the year 1975 in respect of the college as set out in the First Schedule, or the Fourth Schedule, whichever is applicable to the college, to the States Grants (Advanced Education) Act 1972‑1976 exceeds the amount of the recurrent expenditure, within the meaning of that Act, of the college on college purposes in respect of that year. (11) An amount equal to the amount (if any) by which the sum of the amounts (including advances) paid to a State under the States Grants (Advanced Education) Act 1972, or under that Act as subsequently amended, for the purpose of financial assistance in relation to recurrent expenditure of a college of advanced education on college purposes in respect of the year 1975 exceeds the sum of the amounts of recurrent expenditure of the college on college purposes in respect of that year 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 college on college purposes in respect of the year 1976, and that first‑mentioned sum shall be deemed to have been reduced by an amount equal to that excess.