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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This Act has been repealed and is no longer in force. It is retained for historical reference.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 is a Commonwealth funding agreement (1973–1975) that channels federal money to the six States to support advanced education — non‑university tertiary institutions (TAFEs/CAEs), their affiliated colleges and student residences, and the students who use them.
It sets out conditional grants for operating, capital and library needs, requiring States to spend funds as approved and report/comply, shaping the expansion of Australia’s vocational and professional tertiary infrastructure in the early 1970s.
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Direct links to the current provisions in States Grants (Advanced Education) Act (No. 3) 1972.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
States Grants (Advanced Education) (No. 3)
No. 128 of 1972
An Act relating to the grant of Financial Assistance to the States in connexion with Advanced Education.
[Assented to 2 November 1972]
[Date of commencement 30 November 1972]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
Interpretation.
2.—(1.) In this Act, unless the contrary intention appears—
“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;
“approved project” means a work or other matter in respect of a college of advanced education or colleges of advanced education, being a work or other matter—
(a) specified in the Second Schedule; or
(b) approved by the Minister under sub-section (1.) of section 3 of this Act,
to the extent to which particulars of that work or other matter have been approved under section 3 or section 4 of this Act;
“capital expenditure” means—
(a) expenditure on the purchase of land, with or without buildings, the planning, erection, alteration or extension of a building, the development or preparation of land for building or other purposes or the installation of water, electricity or other services; and
(b) expenditure exceeding Two thousand dollars for the purchase of, or otherwise in connexion with, a single item of equipment;
“college of advanced education” means—
(a) a place of education or body referred to in a Schedule; or
(b) any of the following places of education in New South Wales:—
(i) New South Wales College of Occupational Therapy;
(ii) School of Physiotherapy;
(iii) Speech Therapy Training School, New South Wales;
(iv) The New South Wales College of Nursing;
(v) The New South Wales Orthoptics School;
“college purposes”, in relation to a college of advanced education, means—
(a) where the college is a place of education—the general teaching purposes of that college in connexion with courses of study at that college approved by the Commission under section 4 of this Act, 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 the provision by that college of residential accommodation for staff and students of that college; and
(b) where the college is a body—the purposes, or the furtherance of the objects, of that body specified in the State Act by which the body is constituted;
“collegiate accommodation” means residential accommodation (including related facilities) for students of a college of advanced education, being accommodation which, having regard to the facilities and services provided for the students, the extent to which, and the manner in which, the students are supervised and to any other considerations that the Commission considers relevant, is, in the opinion of the Commission, of a collegiate nature;
“country area”, in relation to a State, means a part of the State other than the capital city of the State or another city in the State the population of which as at the first day of January, One thousand nine hundred and seventy-three, is determined by the Commonwealth Statistician, having regard to the latest statistics in relation to population available to him on the day on which the determination is made, to be not less than one hundred thousand;
“fees” means tuition, examination and other fees payable by a student enrolled at, or applying for enrolment at, a college of advanced education in connexion with a course of study at the college approved by the Commission under section 4 of this Act, being fees forming part of the funds available for expenditure for college purposes, and includes fees payable by a student to a
college of advanced education in respect of the conferring of a degree, diploma, certificate or other award in respect of such a course of study, but does not include—
(a) fees the payment of which is voluntary;
(b) fees payable to an organization of students; or
(c) fees in respect of residential accommodation;
“library material” includes—
(a) books, periodicals, newspapers, films (including microfilms), sound recordings, musical scores, maps, plans, pictures, photographs and prints; and
(b) equipment for viewing micro-films;
“non-collegiate accommodation” means residential accommodation (including related facilities) for students of a college of advanced education, other than collegiate accommodation;
“place of education” includes a place of education that is proposed to be established;
“qualified accountant”, in relation to the furnishing of a statement referred to in paragraph (e) of section 11 of this Act, means—
(a) a person who is registered as a company auditor or public accountant under the law of a State or Territory of the Commonwealth;
(b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or
(c) a person approved by the Commission as a person competent to furnish such statements;
“State contribution” means moneys expended for college purposes in connexion with a college of advanced education by, or out of funds provided by, a State other than moneys expended in fulfilment of the conditions upon which a payment is or has been made to the State by the Commonwealth under this or any other Act;
“student residence”, in relation to a college of advanced education, means a hall, college or other establishment at which any students of the college reside, being an establishment—
(a) administered by—
(i) the college or the body administering the college; or
(ii) a body established by the college or by the body administering the college; and
(b) approved by the Commission, for the purposes of this Act, as a student residence;
“the Commission” means the Australian Commission on Advanced Education established by the Australian Commission on Advanced Education Act 1971;
“year to which this Act applies” means any of the years One thousand nine hundred and seventy-three, One thousand nine hundred and seventy-four and One thousand nine hundred and seventy-five.
(2.) This Act applies in relation to the Department of Technical Education of the State of New South Wales as though that Department were a place of education but, for the purposes of this Act as so applying in relation to that Department, the expression “college purposes”, in relation to that Department, means the general teaching purposes of that Department in connexion with courses of study approved by the Commission under section 4 of this Act, including external tuition for those courses of study, and planning and other preparatory work in connexion with proposed courses of study approved by the Commission under that section.
(3.) For the purposes of this Act, a project of a student residence or affiliated college consists of—
(a) the purchase of land, with or without buildings, for the purposes of the residence or college;
(b) the planning, erection or alteration of a building of or for the residence or college;
(c) the development or preparation of land for such a building or for other purposes of the residence or college;
(d) the installation of water, electricity and other services for the purposes of the residence or college; or
(e) the purchase of furnishings or equipment for a building of the residence or college.
(4.) In this Act, a reference to a Schedule shall be read as a reference to a Schedule to this Act.
(5.) Where the Minister is satisfied that a place of education or a body that is known by a name other than a name specified in this Act is—
(a) a college of advanced education, being a place of education or body referred to in this Act; or
(b) in relation to courses of study, works or other matters approved under section 3 or section 4 of this Act or works or other matters specified in the Second Schedule, the successor of such a college of advanced education,
the Minister may, in his discretion and with the approval of the State in which the first-mentioned place of education or body is situated, by instrument in writing, declare that he is so satisfied, and, upon the making of such a declaration, that place of education or body shall, for the purposes of this Act, be deemed to be the college of advanced education referred to in the declaration.
Approvals in respect of projects.
3.—(1.) For the purposes of this Act, the Minister may approve, in respect of a college of advanced education referred to in the Second Schedule, works or other matters additional to those specified in that Schedule and approve particulars, including the estimated cost, of each work or matter so approved, and may revoke or vary any such approval.
(2.) As soon as practicable after the Minister has approved a work or matter in pursuance of the last preceding sub-section, he shall cause a statement specifying the work or matter and the approved estimated cost of the work or matter to be laid before each House of the Parliament.
Approvals in respect of courses, works and library material.
4.—(1.) For the purposes of this Act, the Commission may—
(a) approve courses of study and proposed courses of study in respect of a college of advanced education;
(b) approve, in respect of a college of advanced education referred to in the Second Schedule, particulars of a work or other matter specified in the second column of that Schedule;
(c) approve, in respect of a college of advanced education, particulars of a work or other matter constituting a project of a student residence or affiliated college in respect of which the Minister has approved a grant of financial assistance under section 9 or section 10 of this Act; and
(d) approve, in respect of a college of advanced education, proposed library material,
and may revoke or vary any such approval.
(2.) Where a work or other matter specified in the second column of the Second Schedule consists of, or includes, the erection, alteration or extension of a building, that work or matter shall be deemed to include the provision of furnishings and equipment for that building, or for the altered parts or the extensions of that building, as the case may be.
Grants for recurrent expenditure.
5.—(1.) Subject to this section, in relation to a college of advanced education referred to in the First Schedule, there is payable, in respect of a year to which this Act applies, to the State in which the college is situated, for the purpose of financial assistance—
(a) where the income of the college during that year is not less than the qualifying amount in respect of the college for that year—
(i) if a determination is in force under either of the next two succeeding sub-sections specifying an amount to be the amount payable under this section to the State in relation to the college in respect of that year—the amount so specified; or
(ii) if there is no such determination in force—the maximum grant in respect of the college for that year; or
(b) in any other case—so much of that maximum grant as bears to that maximum grant the same proportion as that income of the college bears to that qualifying amount.
(2.) The Minister may, in his discretion, at the request of a State, determine, by instrument in writing, that an amount specified in the determination, being an amount that is greater or less than the maximum grant for a year in respect of a college of advanced education situated in that State, is to be the amount payable under this section to the State in relation to that college in respect of that year.
(3.) If there is no determination by the Minister in force under the last preceding sub-section in relation to a college of advanced education in respect of a year, the Commission may, in its discretion, at the request of the State in which the college is situated, determine, by instrument in writing, that an amount specified in the determination, being an amount that is greater or less by not more than Seventy thousand dollars than the maximum grant in respect of the college for that year, is to be the amount payable under this section to the State in relation to the college in respect of that year.
(4.) If, after the Commission has made a determination under the last preceding sub-section in relation to a college of advanced education in respect of a year, the Minister makes a determination under sub-section (2.) of this section in relation to the college in respect of that year, the determination by the Commission ceases to have effect.
(5.) Where the Minister is satisfied that a State contribution expended after the expiration of a year to which this Act applies related to college purposes in respect of that year, he may, in his discretion and with the approval of the State, direct that, for the purposes of this section, that contribution shall be treated as having been expended during that year.
(6.) Where the Commission is satisfied that a State contribution not exceeding One hundred and twenty-five thousand dollars expended after the expiration of a year to which this Act applies related to college purposes 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 contribution shall be treated as having been expended during that year.
(7.) The sum of the amounts payable under this section to a State in respect of a year to which this Act applies in relation to colleges of advanced education referred to in the First Schedule shall not exceed—
(a) if the sum of the incomes of those colleges during that year is not less than the sum of the qualifying amounts in respect of those colleges for that year—the sum of the maximum grants in respect of those colleges for that year; or
(b) in any other case—so much of the sum of those maximum grants as bears to that sum the same proportion as the sum of those incomes bears to the sum of those qualifying amounts.
(8.) For the purposes of the last preceding sub-section—
(a) a reference to the sum of the qualifying amounts for the year One thousand nine hundred and seventy-four in respect of colleges situated in a State and referred to in the First Schedule shall be read as if it were a reference to the sum of—
(i) the sum of the qualifying amounts for that year in respect of those colleges; and
(ii) the amount (if any) by which the sum of the qualifying amounts for the year One thousand nine hundred and seventy-three in respect of the colleges situated in that State and referred to in that Schedule exceeds the sum of the incomes of the last-mentioned colleges during the last-mentioned year;
(b) a reference to the sum of the qualifying amounts for the year One thousand nine hundred and seventy-five in respect of colleges situated in a State and referred to in that Schedule shall be read as if it were a reference to the sum of—
(i) the sum of the qualifying amounts for that year in respect of those colleges; and
(ii) the amount (if any) by which the sum of the qualifying amounts for the year One thousand nine hundred and seventy-four in respect of the colleges situated in that State and referred to in that Schedule, including the amount referred to in sub-paragraph (ii) of the last preceding paragraph, exceeds the sum of the incomes of the last-mentioned colleges during the last-mentioned year;
(c) a reference to the sum of the maximum grants for the year One thousand nine hundred and seventy-four in respect of colleges situated in a State and referred to in that Schedule shall be read as if
This is an opening excerpt, not the complete document.