STATES GRANTS (TECHNICAL AND FURTHER EDUCATION) ACT 1974
No. 138 of 1974
An Act relating to the Grant of Financial Assistance to the States in Connexion with Technical and Further Education.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title.
This Act may be cited as the States Grants (Technical and Further Education) Act 1974.
Commencement.
This Act shall come into operation on the day on which it receives the Royal Assent.
Interpretation.
(1) In this Act, unless the contrary intention appears—
“building” includes a part of a building;
“building project” includes—
(a) the purchase of land, with or without buildings;
(b) the planning, erection, alteration or extension of a building or other facilities;
(c) the development or preparation of land for building or other purposes; and
(d) the installation of water, electricity or other services;
“capital expenditure” means—
(a) expenditure on a building project; or
(b) expenditure exceeding $2,000 for the purchase of, or otherwise in connexion with, a single item of equipment;
“certificate of an authorized person”, in relation to money paid to a State under a provision of this Act, means a certificate signed by a person who is, or by a person included in a class of persons the members of which are, authorized by the Minister of State of a State who is responsible, or principally responsible, for the administration of matters relating to technical and further education in that State to sign certificates in respect of the application of moneys paid to the State under that provision, being a person or class of persons approved by the Minister for the time being administering this Act;
“in-service teacher training” means teacher training of persons serving as teachers within the field of technical and further education at institutions of technical and further education, whether the course of training is conducted by a State or by any other body, authority or person;
“institution of technical and further education” means a place of education in a State at which technical and further education is provided by the State or by an instrumentality of the State;
“major building project” means a building project other than a student residence building project or a minor building project; “minor building project” means a building project other than a student residence building project—
(a) that does not involve the purchase of land; and
(b) the estimated cost of which does not exceed $40,000;
“period to which this Act applies” means the period that commenced on 1 July 1974 and ends on 30 June 1976;
“recurrent expenditure” means expenditure other than capital expenditure;
“student residence”, in relation to an institution of technical and further education, means a hall, college or other establishment at which any students of the institution reside, being an establishment—
(a) administered by—
(i) the authority or body administering the institution; or
(ii) a body established by the authority or body administering the institution; and
(b) approved by the Minister, for the purposes of this Act, as a student residence;
“student residence building project” means a building project in connexion with a student residence or proposed student residence of an institution of technical and further education at which the provision of technical and further education has commenced;
“year” means a period of 12 months commencing on 1 July;
“year to which this Act applies” means the year commencing on 1 July 1974 or the year commencing on 1 July 1975;
“technical and further education” means education undertaken by persons who are not enrolled in a full-time course of primary or secondary education at a school, being education provided by way of a course of instruction or training—
(a) that is, or that is preparatory to, a course of a kind relevant to a trade, technical occupation or other skilled occupation; or
(b) that otherwise meets community needs by imparting information, understanding or skills,
not being a course the recurrent expenses of conducting which are, otherwise than by virtue of the operation of this Act, the subject of financial assistance by Australia.
(2) For the purposes of section 12, each place of education in Victoria, Queensland or Western Australia at which the College of Nursing, Australia, provides technical and further education shall be deemed to be an institution of technical and further education in that State and moneys paid to that State under section 12 shall be deemed to have been applied in accordance with paragraph 13 (a) if those moneys are paid forthwith by that State to the College of Nursing, Australia under an agreement between that State and the College that the College will, as soon as practicable, but not later than 6 months after the end of the financial year in which the moneys were paid to that State, expend the moneys for the purpose of meeting recurrent expenditure by the College in connexion with the provision of technical and further education in that State.
Building projects to include certain furnishings and equipment.
Where a building project consists of, or includes, the erection, alteration or extension of a building, that project shall be deemed to include the provision of furnishings and equipment, as approved by the Minister for the purposes of this section, for that building, or for the altered parts or the extensions of that building, as the case may be.
Approval of major building projects.
For the purposes of section 6, the Minister may approve major building projects undertaken or proposed to be undertaken during the period to which this Act applies in connexion with institutions of technical and further education in a State, and may revoke or vary any such approval.
Grants for major budding projects.
(1) Subject to this section, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State, of such amounts as he determines in respect of major building projects that have been approved under section 5.
(2) The Minister shall not, after the period to which this Act applies, authorize the payment of an amount to a State under this section unless he is satisfied that the amount will be applied for the purposes of meeting commitments undertaken during that period.
(3) The Minister shall not authorize payments to a State under this section that exceed, in the aggregate, the amount specified in column 2 of Schedule 1 opposite to the name of the State.
(4) At any time, and from time to time, during the period to which this Act applies, but subject to sub-section (5), provision may be made by the regulations that this Act has effect as if some or all of the amounts specified in column 2 of Schedule 1 opposite to the names of States were varied in accordance with the regulations, and where provision is so made with respect to the variation of any such amounts, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule, in substitution for those amounts, the amounts as so varied.
(5) Regulations made for the purposes of sub-section (4) shall not provide for the variation of any amounts specified in column 2 of Schedule 1 in such a way that, after the variation, the aggregate of the amounts specified in respect of the States in that column is greater or less than the total specified at the foot of that column.
Approval of minor building projects and equipment purchases.
For the purposes of section 8, the Minister may approve—
(a) minor building projects undertaken or proposed to be undertaken during the period to which this Act applies; or
(b) proposals to purchase items of equipment the estimated cost of each of which exceeds $2,000,
in connexion with institutions of technical and further education in a State, and may revoke or vary any such approval.
Grants for minor building projects and equipment purchases.
(1) Subject to this section, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State, of such amounts as he determines in respect of minor building projects, or proposals to purchase equipment, that have been approved under section 7.
(2) The Minister shall not, after the period to which this Act applies, authorize the payment of an amount to a State under this section unless he is satisfied that the amount will be applied for the purpose of meeting commitments undertaken during that period.
(3) The Minister shall not authorize payments to a State under this section that exceed, in the aggregate, the amount specified in column 2 of Schedule 2 opposite to the name of the State.
(4) At any time, and from time to time, during the period to which this Act applies, but subject to sub-section (5), provision may be made by the regulations that this Act has effect as if some or all of the amounts specified in column 2 of Schedule 2 opposite to the names of States were varied in accordance with the regulations, and where provision is so made with respect to the variation of any such amounts, then, for the purposes of this Act, there shall be deemed to have been specified in that column of that Schedule, in substitution for those amounts, the amounts as so varied.
(5) Regulations made for the purposes of sub-section (4) shall not provide for the variation of any amounts specified in column 2 of Schedule 2 in such a way that, after the variation, the aggregate of the amounts specified in respect of the States in that column is greater or less than the total specified at the foot of that column.
Approval of student residence building projects.
For the purposes of section 10, the Minister may approve student residence building projects undertaken or proposed to be undertaken during the period to which this Act applies in connexion with institutions of technical and further education in a State, and may revoke or vary any such approval.
Grants for student residence building projects.
(1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State, of such amounts as he determines in respect of student residence building projects that have been approved under section 9.
(2) The Minister shall not, after the period to which this Act applies, authorize the payment of an amount to a State under this section unless he is satisfied that the amount will be applied for the purpose of meeting commitments undertaken during that period.
(3) The Minister shall not authorize payments under this section that exceed, in the aggregate, $4,000,000.
Conditions attaching to grants under section 6, 8 or 10.
The financial assistance to a State constituted by payment of moneys—
(a) under section 6, in respect of a major building project;
(b) under section 8, in respect of a minor building project or a proposal to purchase equipment; or
(c) under section 10, in respect of a student residence building project,
is granted on the conditions that—
(d) the moneys will, without undue delay, be applied by the State or an instrumentality of the State for the purpose of meeting expenditure in respect of that project or proposal;
(e) the State will furnish to the Minister, within such period as the Minister requires, a certificate of an authorized person to the effect that the person has satisfied himself that the moneys have been applied in accordance with paragraph (d); and
(f) if the Minister informs the Treasurer of the State that he is satisfied that a condition applicable under paragraph (d) or (e) in relation to the payment has not been fulfilled, the State will re-pay to Australia such sum as the Minister determines, being a sum not exceeding the amount of the payment.
Grants for recurrent expenditure.
There is payable to a State under this section, in a year to which this Act applies, by way of financial assistance to the State in respect of recurrent expenditure in respect of that year in connexion with the provision of technical and further education at institutions of technical and further education in the State—
(a) in the case of the year commencing on 1 July 1974—the amount specified in column 2 of Schedule 3 opposite to the name of the State; and
(b) in the case of the year commencing on 1 July 1975—the amount specified in column 3 of Schedule 3 opposite to the name of the State.
Conditions attaching to grants for recurrent expenditure.
The financial assistance to a State constituted by a payment of moneys under section 12, is granted on the conditions that—
(a) the moneys will, as soon as practicable but not later than 6 months after the end of the financial year in which the payment is made, be applied by the State or by instrumentalities of the State for the purpose of meeting recurrent expenditure in connexion with the provision of technical and further education at institutions of technical and further education in that State;
(b) the State will furnish to the Minister, within a period of 6 months after the end of the financial year in which the payment is made, a certificate of an authorized person to the effect that the person has satisfied himself that the moneys have been applied in accordance with paragraph (a);
(c) the State will cause to be furnished to the Minister within a period of 6 months after the end of the financial year in which the payment is made, such statistical and other information as the Minister requires in respect of the provision of technical and further education in that State during that financial year; and
(d) if the Minister informs the Treasurer of the State that he is satisfied that a condition applicable under paragraph (a), (b) or (c) in relation to the payment has not been fulfilled, the State will repay to Australia such sum as the Minister determines, being a sum not exceeding the amount of the payment.
Approval of certain programs of expenditure for particular purposes.
(1) For the purposes of section 15, the Minister may approve, in connexion with the provision of technical and further education in a State in the period to which this Act applies, programs of recurrent expenditure for each or any of the following purposes:—
(a) curriculum research and development;
(b) the assessment of qualifications obtained in other States or Territories with a view to their recognition;
(c) the training of professional library staff;
(d) the provision of library materials and library equipment;
(e) the development of a central information centre;
(f) the provision of external study facilities;
(g) the employment of staff to be responsible for matters of safety, health and welfare and to provide student counselling services at institutions of technical and further education;
(h) the provision of in-service training to non-teaching staff at institutions of technical and further education;
(j) the publicizing of technical and further education;
(k) the employment of additional staff to assist in planning capital works and to collect statistical information.
(2) The Minister may revoke or vary any approval given under sub-section (1).
Grants for recurrent expenditure in connexion with programs of expenditure for particular purposes.
(1) The Minister may authorize the payment to a State under this section, in a year to which this Act applies, by way of financial assistance to the State, of such amounts as he determines in respect of programs of recurrent expenditure that have been approved under section 14.
(2) The Minister shall not authorize payments to a State under this section in a year to which this Act applies that exceed, in the aggregate—
(a) in the case of the year commencing on 1 July 1974—the amount specified in column 2 of Schedule 4 opposite to the name of the State;
(b) in the case of the year commencing on 1 July 1975—the amounts specified in column 3 of Schedule 4 opposite to the name of the State.
Transfer of amounts from Schedule 4 to Schedule 3.
(1) Where, in respect of a year to which this Act applies, the Minister is satisfied that—
(a) the amount specified opposite to the name of a State in the column of Schedule 4 that is relevant to that year exceeds the recurrent expenditure that the State and the instrumentalities of the State are likely, in the aggregate, to incur in respect of that year for the purposes set out in the paragraphs of sub-section 14(1); and
(b) the amount specified opposite to the name of the State in the column of Schedule 3 that is relevant to that year is less than the recurrent expenditure in connexion with the provision of technical and further education at institutions of technical and further education in the State that the State and the instrumentalities of the State are likely, in the aggregate, to incur in respect of that year for purposes other than the purposes set out in those paragraphs, the Minister may, at the request of the State, having regard to the respective amounts of recurrent expenditure referred to in paragraphs (a) and (b) that the State and the instrumentalities of that State are likely to incur in respect of that year, determine in writing that—
(c) the amount specified opposite to the name of the State in the column of Schedule 4 that is relevant to that year be varied by reducing that amount by an amount specified in the Minister’s determination; and
(d) the amount specified opposite to the name of the State in the column of Schedule 3 that is relevant to that year be varied by increasing that amount by an amount equal to the amount of the reduction referred to in paragraph (c).
(2) Where the Minister determines that an amount specified in a column of a Schedule be varied in accordance with sub-section (1), then this Act (including sub-section (1)) shall have effect as if the amount as so varied were specified in substitution for the first-mentioned amount.
Approval of in-service teacher training programs.
For the purpose of section 18, the Minister may approve, in respect of the period to which this Act applies, in connexion with the provision of technical and further education in a State, programs of in service teacher training to be carried out in that period, and may revoke or vary any such approval.
Grants for recurrent expenditure in connexion with in-service teacher training programs.
(1) The Minister may authorize the payment to a State under this section, in a year to which this Act applies, by way of financial assistance to the State, of such amounts as he determines in respect of recurrent expenditure in connexion with programs of in-service teacher training that have been approved under section 17.
(2) The Minister shall not authorize payments to a State under this section in a year to which this Act applies that exceed, in the aggregate—
(a) in the case of the year commencing on 1 July 1974—the amount specified in column 2 of Schedule 5 opposite to the name of the State; and
(b) in the case of the year commencing on 1 July 1975—the amount specified in column 3 of Schedule 5 opposite to the name of the State.
Approval of special projects.
(1) For the purpose of section 20, the Minister may approve, in respect of the period to which this Act applies, in connexion with the provision of technical and further education in a State, projects, to be carried out in that period, for each or any of the following purposes:—
(a) the provision of library furnishings;
(b) the training of library technicians;
(c) the conduct of a feasibility study for a bibliographic centre;
(d) the taking of any measures that assist in making technical and further education more generally accessible.
(2) The Minister may revoke or vary any approval given under sub-section (1).
Grants for recurrent expenditure in connexion with special projects.
(1) The Minister may authorize the payment to a State under this section, in a year to which this Act applies, by way of financial assistance to the State, of such amounts as he determines in respect of recurrent expenditure in connexion with projects that have been approved under section 19.
(2) The Minister shall not authorize payments to a State under this section, in the year commencing on 1 July 1974, in respect of projects for a purpose specified in paragraph (a), (b), (c) or (d) that exceed, in the aggregate, the amount specified opposite to the name of that State in column 2, 4, 6 or 8, respectively, of Schedule 6.
(3) The Minister shall not authorize payments to a State under this section, in the year commencing on 1 July 1975, in respect of projects for a purpose specified in paragraph (a), (b), (c) or (d) that exceed, in the aggregate, the amount specified opposite to the name of that State in column 3, 5, 7 or 9, respectively, of Schedule 6.
Approval of planning projects.
(1) For the purposes of section 22, the Minister may approve, in respect of the period to which this Act applies, in connexion with the provision of technical and further education in a State, projects, to be carried out in that period, for each or either of the following purposes:—
(a) the development of proposals for the establishment of community colleges;
(b) the planning of a model library in connexion with an institution of technical and further education in that State.
(2) The Minister may revoke or vary any approval given under subsection (1).
Grants for recurrent expenditure in connexion with planning projects.
(1) Subject to this section, the Minister may authorize the payment to a State under this section, in a year to which this Act applies, by way of financial assistance to the State, of such amounts as he determines in respect of recurrent expenditure in connexion with projects that have been approved under section 21.
(2) The Minister shall not authorize payments to the States under this section in the year commencing on 1 July 1974 in respect of projects for the purpose set out in paragraph 21(1)(a).
(3) The Minister shall not authorize payments to the States under this section in the year commencing on 1 July 1975 in respect of projects for the purpose set out in paragraph 21(1)(a) that exceed, in the aggregate, $56,000.
(4) The Minister shall not authorize payments to the States under this section in a year to which this Act applies in respect of projects for the purpose set out in paragraph 21(1)(b) that exceed, in the aggregate—
(a) in the case of the year commencing on 1 July 1974—$65,000;
(b) in the case of the year commencing on 1 July 1975—$135,000.
Conditions attaching to grants under section 15, 18, 20 or 22.
The financial assistance to a State constituted by payment of moneys—
(a) under section 15, in respect of a program of recurrent expenditure approved under section 14;
(b) under section 18, in respect of a program of in-service teacher training approved under section 17;
(c) under section 20, in respect of a project approved under section 19; or
(d) under section 22, in respect of a project approved under section 21,
is granted on the conditions that
(e) the moneys will, without undue delay, be applied by the State or an instrumentality of the State for the purpose of meeting recurrent expenditure in respect of that program or project;
(f) the State will furnish to the Minister, within such period as the Minister requires, a certificate of an authorized person to the effect that the person has satisfied himself that the moneys have been applied in accordance with paragraph (e); and
(g) if the Minister informs the Treasurer of the State that he is satisfied that a condition applicable under paragraph (e) or (f) in relation to the payment has not been fulfilled, the State will re-pay to Australia such sum as the Minister determines, being a sum not exceeding the amount of the payment.
Minister may transfer amounts from first year to second year.
(1) Where the amount specified opposite to the name of a State in column 2 of Schedule 4, as varied by any determination made under section 16, exceeds the aggregate of the amounts paid to the State in accordance with section 15 in the year that ends on 30 June 1975, the Minister may, at the request of the State, determine in writing that the amount so specified be varied by reducing that amount by an amount not exceeding the amount of that excess and that the amount specified opposite to the name of the State in column 3 of that Schedule be varied by increasing that amount by an amount equal to the amount by which column 2 of that Schedule is reduced.
(2) Where the amount specified opposite to the name of a State in column 2 of Schedule 5 exceeds the aggregate of the amounts paid to the State in accordance with section 18 in the year that ends on 30 June 1975, the Minister may, at the request of the State, determine in writing that the amount so specified be varied by reducing that amount by an amount not exceeding the amount of that excess and that the amount specified opposite to the name of the State in column 3 of that Schedule be varied by increasing that amount by an amount equal to the amount by which column 2 of that Schedule is reduced.
(3) Where the amount specified opposite to the name of a State in column 2, 4, 6 or 8 of Schedule 6 exceeds the aggregate of the amounts paid to the State in accordance with section 20 in the year that ends on 30 June 1975, the Minister may, at the request of the State, determine in writing that the amount so specified be varied by reducing that amount by an amount not exceeding the amount of that excess and that the amount specified opposite to the name of the State in column 3, 5, 7 or 9, respectively, of that Schedule be varied by increasing that amount by an amount equal to the amount by which column 2, 4, 6 or 8 of that Schedule is reduced.
(4) Where the aggregate of the amounts paid to the States under section 22 in the year that ends on 30 June 1975 in respect of recurrent expenditure in connexion with projects for the purpose set out in paragraph 21(1)(b) is less than $65,000, the Minister may determine in writing that the maximum amount available to the States under section 22 in the year commencing on 1 July 1975 in respect of recurrent expenditure in connexion with projects for that purpose be varied by increasing that amount by an amount not exceeding the amount by which $65,000 exceeds the aggregate of the amounts so granted and this Act shall have effect accordingly.
(5) Where the Minister determines that an amount specified in a column of a Schedule be varied in accordance with sub-section (1), (2) or (3), then this Act (including sub-section (1), (2) or (3), as the case may be) shall have effect as if the amount as so varied were specified in substitution for the first-mentioned amount.
Certain approvals, &c., before Royal Assent deemed to be approvals, &c., for the purposes of this Act.
(1) Where any building project, or proposal for the purchase of an item of equipment, that was approved by the Minister on or after 1 July 1974 and before the day on which this Act received the Royal Assent, could, had this Act been in force at the time the approval was made, have been approved under this Act, that project or proposal shall be deemed to have been approved by the Minister for the purposes of this Act.
(2) Any amounts paid to a State after 30 June 1974 and before the commencement of this Act in respect of expenditure incurred in respect of the year commencing on 1 July 1974 that would, had this Act been in force at the time of the payment, have been regarded as recurrent expenditure in connexion with the provision of technical and further education at institutions of technical and further education in that State, shall be deemed to have been paid under section 12.
Time and manner of payments.
Payments to a State under this Act shall be made at such times, and in such instalments, as the Minister determines.
Repayment of amounts by a State to Australia.
An amount repayable by a State to Australia in accordance with any condition provided for in this Act is a debt due by the State to Australia.
Advances.
The Minister may make arrangements with the Treasurer for the making to a State, by way of financial assistance to the State, of advances on account of an amount that is expected to become payable under this Act to the State, and the conditions that would be applicable to a payment of the amount are applicable to any such advance.
Appropriation.
Amounts payable to a State under this Act (including an advance under section 28) are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
Annual statement by Minister.
(1) The Minister shall, as soon as practicable after the end of each year to which this Act applies, cause a statement to be laid before each House of Parliament containing particulars of all determinations made under section 16 or 24 during that year.
(2) The statement under sub-section (1) shall also specify, in respect of financial assistance granted to each State in the year to which the statement relates—
(a) in the case of financial assistance under section 6—
(i) the total of the amounts paid to the State under that section in that year; and
(ii) the major building projects for the purposes of which the amounts so paid have been applied and, in respect of each such project, the amount so applied;
(b) in the case of financial assistance under section 8—
(i) the total of the amounts paid to the State under that section in that year; and
(ii) the minor building projects and items of equipment for the purposes of which the amounts so paid have been applied and, in respect of each such project or item of equipment, the amount so applied;
(c) in the case of financial assistance under section 10—
(i) the total of the amounts paid to the State under that section in that year; and
(ii) the student residence building projects for the purposes of which the amounts so paid have been applied and, in respect of each such project, the amount so applied; and
(d) in the case of financial assistance under sections 12, 15, 18, 20 and 22, the total of the amounts paid to the State under each of those sections in that year.
Delegation.
(1) Subject to this section, the Minister may, by writing under Delegation, his hand, delegate to any person all or any of his powers under sections 7, 14, 17, 19 and 21.
(2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Minister.
Regulations.
The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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SCHEDULE 1 Section 6
CAPITAL GRANTS FOR MAJOR BUILDING PROJECTS
Column 1
Column 2
Maximum
Name of State
Grant
$
New South Wales ............................................