Part I
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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This Act has been repealed and is no longer in force. It is retained for historical reference.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 sets Commonwealth grants to States for tertiary education—universities, colleges of advanced education, TAFE and certain non‑government colleges—for 1982–1984. It prescribes dollar allocations, approval routes for building, equipment, research and special programs, and conditions such as no student fees, audited expenditure returns and State pass‑through of funds.
It matters because the Commonwealth funds institutions via States, imposes reporting and repayment rules that affect institutional budgets and choices, and gives the Minister and the Commonwealth Tertiary Education Commission power to approve, vary or revoke grants.
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Direct links to the current provisions in States Grants (Tertiary Education Assistance) Act 1981.
This Act may be cited as the States Grants (Tertiary Education Assistance) Act 1981.
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) In this Act, unless the contrary intention appears:
Academic Salaries Tribunal means the Tribunal established under that name by section 12B of the Remuneration Tribunal Act 1973.
building project means:
(a) the purchase of land, with or without buildings;
(b) the designing, erection, alteration or extension of a building or other facilities;
(c) the development or preparation of land for building or other purposes; or
(d) the installation of water, electricity or other services.
capital expenditure means expenditure on a building project.
college of advanced education means:
(a) an institution that is a college of advanced education for the purposes of the Commonwealth Tertiary Education Commission Act 1977 other than such an institution that is situated in a Territory; or
(b) an institution (other than an institution referred to in paragraph (a)) that is declared by the Minister, after he has obtained the view of the State in which the institution is situated and the advice of the Commission, by instrument under his hand, to be an institution that is to be treated, for the purposes of this Act, as a college of advanced education.
commencing day means the day on which this Act receives the Royal Assent.
Commission means the Commonwealth Tertiary Education Commission referred to in section 6 of the Commonwealth Tertiary Education Commission Act 1977.
course of advanced education means a course of study:
(a) that is accredited or provisionally accredited by the authority for the State in which the relevant institution providing the course is situated that is responsible for the accreditation of advanced education courses; and
(b) that is undertaken for the purpose of obtaining an award of a relevant institution of a kind determined by the Minister in writing, on the recommendation of the Commission, to be an award to which this definition applies.
course of teacher education means a course of instruction that is accredited or provisionally accredited by the responsible authority for the State as a course of teacher education and that is provided by way of professional training for persons intending to become primary school teachers or secondary school teachers.
fees, in relation to a relevant institution, means tuition, examination or other fees payable to the relevant institution by a student enrolled at, or applying for enrolment at, the relevant institution in connection with a course of study or attendance at the relevant institution, and includes fees payable to the relevant institution in respect of the granting of a degree, diploma or other award (including a qualification relating to a trade, technical or other skilled occupation) but does not include:
(a) fees the payment of which is voluntary;
(b) fees payable in respect of an organization of students, or of students and other persons, or in respect of the provision to students of amenities or services that are not of an academic nature;
(c) fees payable in respect of residential accommodation;
(d) in a case where the relevant institution is a university, a college of advanced education or a non‑government teachers college—fees payable in connection with attendance for the purposes of studies that are not required or permitted to be undertaken for the purpose of obtaining a degree, diploma or other award of the relevant institution;
(e) in a case where the relevant institution is a technical and further education institution or an institution situated in the Northern Territory—fees payable in connection with, or in connection with attendance for the purposes of:
(i) studies that are not, or are not preparatory to, studies for the purposes of obtaining a qualification relating to a trade, technical or other skilled occupation; or
(ii) studies that are not required or permitted to be undertaken in relation to a course of advanced education provided by the relevant institution; or
(f) fees of a kind that are incidental to studies that may be undertaken at relevant institutions and that the Minister, by writing signed by him and notified to each State Tertiary Education Minister, declares to be fees of a kind to which this paragraph applies.
minor building project means a building project included in a class of building projects determined by the Minister to be a class of minor building projects.
non‑government teachers college means Avondale College or McAuley College.
prescribed staff, in relation to a university or college of advanced education, means:
(a) the members of the staff (whether employed on a full‑time or part‑time basis) of the university or college:
(i) who are employed by the university or college wholly or principally in teaching or research or in both teaching and research; or
(ii) to whom persons referred to in subparagraph (i) are responsible in relation to the teaching or research in which they are employed;
but does not include members of the staff employed wholly or principally in support of other members of the staff who are employed in teaching or research; and
(b) those senior officers of the university or college in respect of whom the Academic Salaries Tribunal has recommended rates of salaries in a report or reports of a kind referred to in paragraph 12D(2)(c) of the Remuneration Tribunals Act 1973.
qualified auditor means, in relation to the furnishing of a statement for the purposes of a condition of a grant of financial assistance to a State under this Act, in relation to a university, a college of advanced education or a student residence or affiliated college of a university or college of advanced education:
(a) the Auditor‑General of the State;
(b) a person who is registered as a company auditor or public accountant under the law of a State or Territory;
(c) a member of the Institute of Chartered Accountants or of the Australian Society of Accountants; or
(d) a person approved by the Commission as a person competent to furnish such a statement;
other than such a person who is employed by the university, by the college or by the body administering the college, student residence or affiliated college, as the case may be.
recurrent expenditure means expenditure that is not capital expenditure.
relevant institution means:
(a) a university, a college of advanced education, a technical and further education institution, or a non‑government teachers college, that is situated in a State; or
(b) an institution at which courses of advanced education are provided, or at which technical and further education is provided, that is situated in the Northern Territory.
State Tertiary Education Minister means:
(a) in relation to a State—the Minister of the Crown for the State who is responsible, or principally responsible, for the administration of matters relating to tertiary education in that State; and
(b) in relation to the Northern Territory—the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to tertiary education in the Northern Territory.
technical and further education institution means:
(a) an institution (other than a university or school), situated in a State, that provides technical and further education, being an institution conducted by, or on behalf of, the Government of a State; or
(b) an institution situated in a State, or a proposed institution to be situated in a State, that is specified in a direction for the time being in force under section 5 of the Commonwealth Tertiary Education Commission Act 1977.
university means an institution that is a university for the purposes of the Commonwealth Tertiary Education Commission Act 1977 other than such an institution that is situated in a Territory.
year to which this Act applies means any one of the years 1982, 1983 and 1984.
(2) Where a building project consists of, or includes, the erection, alteration or extension of a building, that project shall be deemed to include:
(a) unless paragraph (b) applies—the provision of furnishings for the building, or for the altered parts or the extensions of the building, as the case may be; or
(b) in a case where the building project is a building project of a technical and further education institution—the provision of furnishings and equipment for the building, or for the altered parts or the extensions of the building, as the case may be.
(3) Without limiting the generality of subsection (2), where a building project by way of the erection, alteration or extension of a building is undertaken in connection with the establishment of a library at a technical and further education institution, the project shall be deemed to include the provision of books and other library materials required for the establishment of the library. (4) In this Act, unless the contrary intention appears:
(a) a reference to a report of the Academic Salaries Tribunal shall be read as a reference to a report of that Tribunal of a kind referred to in paragraph 12C(b), 12D(2)(c), 12DB(2)(b), 12DB(3)(a) or 12DC(1)(b) of the Remuneration Tribunal Act 1973; and
(b) a reference to a State shall be read as including a reference to the Northern Territory.
(5) For the purposes of this Act, the Darwin Community College shall be deemed to be an institution conducted on behalf of the Government of the Northern Territory. (6) For the purposes of this Act:
(a) a State shall be deemed to have paid moneys to a college of advanced education that is not a body corporate if it has paid those moneys to the body administering that college; and
(b) a college of advanced education that is not a body corporate shall be deemed to have done any act or thing that is required or permitted by this Act to be done if the body administering the college has done that act or thing.
(7) Where the Minister is satisfied that an institution, being a university, college of advanced education or technical and further education institution, that is known by a name other than a name specified in a Schedule is substantially identical with an institution specified in a Schedule, the Minister may, in his discretion and with the approval of the State in which the first‑mentioned institution is situated, by instrument in writing, declare that he is so satisfied, and, upon the making of the declaration, the first‑mentioned institution shall, for the purposes of this Act, be deemed to be the institution so specified in that Schedule. (8) Where, for university purposes within the meaning of Part II or for college purposes within the meaning of Part III, a university or a college of advanced education makes provision, not inconsistent with actuarial principles, in the accounts (including the journals and ledgers) of the university or the college for future or contingent liabilities in respect of superannuation payments or long service leave, the university or college shall be taken, for the purposes of this Act, to have expended the amount of that provision for such university purposes or for such college purposes, as the case requires, in respect of the year in which that provision is made.
(1) For the purposes of this Act, the Minister:
(a) may approve a building project (other than a minor building project) submitted to him by a university as an approved building project of the university in respect of a year to which this Act applies;
(b) may approve a building project (other than a minor building project) submitted to him by a State as an approved building project of a college of advanced education in respect of a year to which this Act applies;
(c) may approve a building project (other than a minor building project) submitted to him by a State as an approved building project of a technical and further education institution in respect of a year to which this Act applies; and
(d) may direct that information included in a specified class of information be furnished to the Commission in respect of building projects included in a specified class of building projects at such times and in such manner as are specified in the direction.
(2) The building projects that may be approved by the Minister under subsection (1) in respect of a year to which this Act applies are building projects additional to the building projects specified in whichever of Schedules 7, 7A and 7B is applicable to that year. (3) Where the Minister approves a building project under subsection (1) in respect of a year to which this Act applies, the Minister shall also approve:
(a) an amount as the maximum Commonwealth contribution towards the project, being so much of the amount estimated by him to be the cost of the project as he determines to be the appropriate Commonwealth contribution towards the project; and
(b) an amount of expenditure, not exceeding the estimated expenditure on the project in respect of that year, as the amount of the approved expenditure on the project in respect of that year.
(4) As soon as practicable after the Minister has approved a building project under subsection (1) in respect of a year to which this Act applies, the Minister shall cause a statement specifying the project, the maximum Commonwealth contribution towards the project and the approved expenditure on the project in respect of that year to be laid before each House of the Parliament. (5) For the purposes of this Act, where information is furnished to the Commission in accordance with a direction under paragraph (1)(d) with respect to a building project of a university, or with respect to a building project of a college of advanced education, a non‑government teachers college or a technical and further education institution, in a State, being a building project specified in Schedule 7, Schedule 7A or Schedule 7B or a minor building project approved by the Commission in respect of a year to which this Act applies, the Commission shall, after consideration of that information, give directions to the university, or to the State, as the case may be, with respect to the manner in which the project is to be carried out. (6) The Minister may vary or revoke an approval or direction given by him under this section and the Commission may vary or revoke a direction given by it under this section.
(1) Where the Commission is satisfied that the provision, in a year to which this Act applies, at a relevant tertiary education institution, being a university, of any of the courses of study included in a class of courses of study would involve a new teaching development, the Commission may recommend to the Minister that he declare that class to be a class of courses of study to which this subsection applies. (2) Where the Commission is satisfied that the provision, in a year to which this Act applies, at a relevant tertiary education institution other than a university, of any courses of advanced education would involve a new teaching development, the Commission may recommend to the Minister that he declare that class to be a class of courses of advanced education to which this subsection applies. (3) The Minister may, on the recommendation of the Commission under subsection (1), by instrument in writing, declare a class of courses of study to be a class of courses of study to which subsection (1) applies. (4) The Minister may, on the recommendation of the Commission under subsection (2), by instrument in writing, declare a class of courses of advanced education to be a class of courses of advanced education to which subsection (2) applies. (5) The Commission may, in its discretion:
(a) determine that it does not approve, for the purpose of grants of financial assistance under this Act, the provision at a relevant tertiary education institution, being a university, of a relevant course of study that has been introduced, or that is proposed to be introduced, by that institution in a year to which this Act applies; or
(b) determine that it does not approve, for the purpose of grants of financial assistance under this Act, the provision at a relevant tertiary education institution other than a university of a relevant course of advanced education that has been introduced, or that is proposed to be introduced, at that institution in a year to which this Act applies;
and may revoke such a determination. (6) As soon as practicable after the Commission makes or revokes a determination under subsection (5) relating to the provision of a relevant course of study or a relevant course of advanced education, as the case requires, at a relevant tertiary education institution, the Commission shall give notice of the making or revocation of the determination to the Minister and:
(a) in a case where the relevant tertiary education institution is a university situated in a State—to the university;
(b) in a case where the relevant tertiary education institution is a college of advanced education situated in a State—to the authority responsible, or principally responsible, for co‑ordination of advanced education in the State;
(c) in a case where the relevant tertiary education institution is a technical and further education institution situated in a State—to the instrumentality of the State responsible, or principally responsible, for technical and further education in the State; and
(d) in a case where the relevant tertiary education institution is an institution situated in the Northern Territory—to the instrumentality of the Northern Territory responsible, or principally responsible, for tertiary education in the Northern Territory.
(7) As soon as practicable after the end of each year to which this Act applies in which the Commission has made or revoked any determinations under subsection (5), the Minister shall cause a statement setting out the particulars of the determinations so made or revoked to be laid before each House of the Parliament. (8) For the purposes of this Act, a determination under subsection (5) relating to the provision of a relevant course of study or a relevant course of advanced education, as the case requires, at a relevant tertiary education institution shall be deemed to come into force when notice of the making of the determination has been given:
(a) in the case of a notice given under subsection (6) to a university referred to in paragraph (a) of that subsection—to the university referred to in that paragraph;
(b) in the case of a notice given under subsection (6) in relation to a college of advanced education referred to in paragraph (b) of that subsection—to the authority referred to in that paragraph;
(c) in the case of a notice given under subsection (6), in relation to a technical and further education institution referred to in paragraph (c) of that subsection—to the instrumentality referred to in that paragraph; and
(d) in the case of a notice given under subsection (6) in relation to an institution in the Northern Territory referred to in paragraph (d) of that subsection—to the instrumentality of the Northern Territory referred to in that paragraph.
(9) As soon as practicable after the Minister makes a declaration under subsection (3) or (4), he shall cause copies of the declaration to be furnished:
(a) in the case of a declaration under subsection (3)—to the State Tertiary Education Minister for each State, other than the Northern Territory; or
(b) in the case of a declaration under subsection (4)—to the State Tertiary Education Minister for each State.
(10) In this section, unless the contrary intention appears:
relevant course of advanced education means a course of advanced education included in a class of courses of advanced education that is declared, in a declaration in force under subsection (4), to be a class of courses of advanced education to which subsection (2) applies.
relevant course of study means a course of study included in a class of courses of study that is declared, in a declaration in force under subsection (3), to be a class of courses of study to which subsection (1) applies.
relevant tertiary education institution means:
(a) a university that is situated in a State;
(b) a college of advanced education that is situated in a State;
(c) a technical and further education institution that is situated in a State and at which courses of advanced education are provided; or
(d) an institution that is situated in the Northern Territory and at which courses of advanced education are provided.
(1) In this Part, unless the contrary intention appears, university purposes, in relation to a university, means:
(a) the general teaching and research purposes of the university in connection with courses of study provided by that university (including preparatory work in connection with proposed courses of study); and
(b) building projects of the university, not being building projects that involve the purchase of land, in relation to each of which the total expenditure does not exceed $50,000 or an amount equal to 0.25% of the amount specified in Column 2 of Schedule 1 in relation to that university, whichever is the lesser amount.
(2) In this Part, a reference to a teaching hospital of a university shall be read as including a reference to a hospital in which students enrolled in the Faculty of Medicine, or School of Medicine, of that university receive clinical instruction.
(1) In relation to each university specified in Column 1 of Schedule 1, there is payable to the State in which the university is situated, for the purposes of financial assistance in relation to the expenditure of the university for university purposes in respect of a year to which this Act applies, the amount specified in Schedule 1 in relation to that university and to that year. (2) Financial assistance is granted to a State under subsection (1) in relation to a university in respect of a year to which this Act applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the university without undue delay;
(b) the State will ensure that the amount expended by the university for university purposes in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in relation to the university in respect of that year;
(c) the State will ensure that each university situated in the State does not charge any student fees in respect of that year or a part of that year;
(d) the State will ensure that the university furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the university for university purposes in respect of that year accompanied by a certificate by the auditor:
(i) certifying whether he is satisfied that the prescribed staff of the university comprising each category or class of persons in respect of which the Academic Salaries Tribunal had, in a report or reports of that Tribunal, recommended a rate of salary, or a scale of rates of salary, applicable to that year or a part of that year had been paid salary, in respect of that year or that part of that year, in accordance with those recommendations; and
(ii) if he is not so satisfied—certifying, in respect of each of those categories or classes of persons in respect of which he is not so satisfied, the rate or scale of rates at which salary was paid, in respect of that year or that part of that year, to the prescribed staff of the university comprising that category or class; and
(e) the State will cause to be furnished to the Commission by the university, not later than such date as the Commission specifies, such statistical and other information as the Commission requires from the university in respect of the provision of tertiary education by the university during that year.
(3) Where a determination is made under subsection 5(5) relating to the provision of a course of study at a university, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course), or, if the course has been introduced at the university, in connection with the provision of the course, that is incurred by the university while the determination is in force shall not be treated as expenditure by the university for university purposes in the application of subsections (2), (5) and (7) of this section to and in relation to financial assistance granted to the State in which the university is situated in relation to the university. (4) Where a purpose is specified in Column 2 of Schedule 2 or in Column 2 of Schedule 2A in relation to a university specified in Column 1 of that Schedule and an amount is specified in that Schedule in relation to that purpose and to a year to which this Act applies, financial assistance in respect of that year is granted under subsection (1) to the State in which the university is situated on the further condition that the State will ensure that the amount expended by the university in respect of that year for university purposes included in the purpose so specified is not less than that amount. (5) Where the Commission is satisfied that the amount paid to a State in relation to the recurrent expenditure of a university for university purposes in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, under section 6 of the States Grants (Tertiary Education Assistance) Act 1978, or under this section, as the case requires, exceeded the amount expended by the university for those purposes in respect of the base year, the Commission shall direct that the amount (in this subsection referred to as the relevant amount) specified in Schedule 1 in relation to that university and to the year next following the base year shall be deemed to have been increased by the amount of the excess or by the prescribed amount applicable to that university in relation to the base year, whichever is the less, and, upon the Commission’s giving that direction, then, for the purposes of this Act:
(a) there shall be deemed to have been specified in that Schedule (as from 1 January in the year next following the base year) in substitution for the relevant amount, the relevant amount as so increased;
(b) the amount so paid to the State in relation to recurrent expenditure of that university for university purposes in respect of that first‑mentioned year shall be deemed to have been reduced by an amount equal to the amount of the excess; and
(c) an amount equal to the amount of the excess 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 university for university purposes in respect of the year next following the base year.
(6) Where the amount of the excess referred to in subsection (5) in relation to a university in respect of a year exceeds the prescribed amount in relation to that university in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the university is situated, being a request made not later than 30 September next following the expiration of that year, direct that the amount (in this subsection referred to as the relevant amount) specified in Schedule 1 in relation to that university and to the next following year be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds that prescribed amount, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January in that next following year), in substitution for the relevant amount, the relevant amount as so increased. (7) Where the Commission is satisfied that an amount expended by a university for university purposes in respect of a year, being the year 1981, 1982 or 1983, exceeded the sum of the amounts of financial assistance paid to the State in which that university is situated in relation to recurrent expenditure by that university for those purposes in respect of that year, under section 6 of the States Grants (Tertiary Education Assistance) Act 1978, or under this section, as the case requires, the Commission shall direct that an amount equal to the amount of the excess or the prescribed amount applicable to the university in relation to that year, whichever is the less, shall be treated as if it had been expended by the university for university purposes in respect of the next following year and, upon the Commission’s giving that direction, that amount shall be treated, for all purposes of this Act, as if it had been so expended. (8) Where the amount of the excess referred to in subsection (7) in relation to a university in respect of a year exceeds the prescribed amount applicable to the university in relation to that year the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the university is situated, being a request made not later than 30 September next following the expiration of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount, shall be treated as if it had been expended by the university for university purposes in respect of the next following year, and, upon the Minister’s giving that direction, that amount shall be treated, for all purposes of this Act, as if it had been so expended. (9) As soon as practicable after the Commission has given a direction under subsection (5) or (7), the Commission shall furnish to the Minister particulars of the direction. (10) In this section:
(a) a reference to university purposes in respect of a year, being the year 1981, 1982, 1983 or 1984, shall be read as a reference:
(i) in the case of the year 1981—to university purposes within the meaning of the States Grants (Tertiary Education Assistance) Act 1978; and
(ii) in the case of the year 1982, 1983 or 1984—to university purposes within the meaning of this Act; and
(b) a reference to the prescribed amount applicable to a university in relation to a year, being the year 1981, 1982 or 1983, shall be read as a reference:
(i) in the case of the year 1981—to 1% of the amount paid to the State in which that university is situated in relation to recurrent expenditure of that university for university purposes in respect of that year under section 6 of the States Grants (Tertiary Education Assistance) Act 1978; and
(ii) in the case of the year 1982 or 1983—to 1% of the amount paid to the State in which that university is situated in relation to recurrent expenditure of that university for university purposes in respect of that year under this section.
(1) In relation to each university specified in Column 1 of Schedule 3, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to research expenses of the university in respect of a year to which this Act applies, the amount specified in Schedule 3 in relation to the university and to that year. (2) Financial assistance is granted to a State under subsection (1) in relation to a university in respect of a year to which this Act applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the university without undue delay;
(b) the State will ensure that the amount expended by the university for the purpose of meeting the research expenses of the university in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the university; and
(c) the State will ensure that the university furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the university for the purpose of meeting the research expenses of the university in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.
(1) The Minister may approve a proposal for expenditure upon a program of research that is submitted to him in respect of a university as a proposal deserving financial assistance under this section in respect of a specified year to which this Act applies or specified years to which this Act applies subject to such conditions as the Minister determines and may vary or revoke any such approval. (2) Where the Minister approves a proposal in respect of a particular year to which this Act applies, he shall determine an amount, not exceeding the estimated expenditure on the program in that year, as the amount of approved expenditure on the proposal in respect of that year. (3) Subject to subsection (4), in relation to each approved proposal for expenditure, there is payable to the State in which is situated the university in respect of which the proposal was submitted, in respect of each year in respect of which the proposal is approved, for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the university in connection with the approved proposal in respect of that year, an amount equal to the amount of the approved expenditure on the proposal in respect of that year. (4) The total of the amounts determined by the Minister to be the amounts of approved expenditure in respect of all proposals approved by him under this section in respect of all of the years to which this Act applies shall not exceed $14,300,000. (5) Financial assistance is granted to a State under subsection (3) in relation to approved proposals for expenditure by a university in respect of a year to which this Act applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the university without undue delay;
(b) the State will ensure that the sum of the amounts expended by the university in connection with approved proposals of the university in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to approved proposals of the university in respect of that year; and
(c) the State will ensure that the university furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure by the university in connection with approved proposals of the university in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.
(1) A university specified in Column 1 of Schedule 4 may, from time to time, submit for the approval of the Commission proposals for expenditure on equipment for use by the university. (2) The Commission may approve a proposal submitted to it by a university under subsection (1) as an approved proposal of the university in respect of a year to which this section applies subject to such conditions as the Commission determines, and may revoke or vary any such approval. (3) Subject to subsection (4), in relation to each approved proposal for expenditure by a university in respect of a year to which this section applies on equipment, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the university in connection with the approved proposal, an amount equal to the amount of the proposed expenditure. (4) The sum of the amounts payable to a State under subsection (3) in respect of approved proposals for expenditure by a university in respect of a year to which this section applies shall not exceed the amount specified opposite to the name of that university in the column of Schedule 4 that relates to that year. (5) Financial assistance is granted to a State under this section in relation to approved proposals of a university in respect of a year to which this section applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the university without undue delay;
(b) the State will ensure that the sum of the amounts expended by the university in connection with approved proposals of the university in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to approved proposals of the university in respect of that year; and
(c) the State will ensure that the university furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure by the university in connection with approved proposals of the university in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.
(6) Financial assistance is granted to a State under this section in relation to approved proposals of a university in respect of the year 1982, being a university specified in Column 1 of Schedule 5, on the further condition that the State will ensure that the sum of the amounts expended by the university in connection with approved proposals of the university in respect of that year in respect of equipment specified in Column 2 of Schedule 5 in relation to the university, being amounts expended before 1 January 1983 or expended on or after that date in respect of commitments entered into before that date, is not less than the amount specified in Column 3 of Schedule 5 in relation to that equipment. (7) In this section, year to which this section applies means the year 1982, the year 1983 or the year 1984.
(1) The Minister shall, for the purposes of this section, determine principles for calculating the amount of financial assistance that is payable to each State in respect of each student residence, or affiliated college, of a university situated in that State in respect of a year to which this Act applies, and may vary or revoke any determination so made. (2) Subject to subsection (3), there is payable to each State, for the purpose of financial assistance in relation to a student residence, or an affiliated college, of a university situated in that State, in respect of a year to which this Act applies, such amount as the Commission determines, in accordance with a determination made by the Minister under subsection (1) that is in force, to be the amount of financial assistance that is payable in respect of that student residence or affiliated college in respect of that year. (3) The total of the amounts payable under subsection (2) in respect of all student residences, and affiliated colleges, of universities shall not exceed:
(a) in respect of the year 1982—$4,070,000;
(b) in respect of the year 1983—$4,450,000; or
(c) in respect of the year 1984—$3,613,000.
(4) Financial assistance is granted to a State under this section in relation to a student residence or affiliated college of a university in respect of a year to which this Act applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the university or to the body administering the student residence or affiliated college without undue delay;
(b) the State will ensure that the amount expended by the university or other body administering the student residence or affiliated college, for the provision of tutorial assistance to students of, and for meeting the administrative costs of, the student residence or affiliated college in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to that student residence or affiliated college in respect of that year; and
(c) the State will ensure that the university or other body administering the student residence or affiliated college furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the university or other body for the provision of the tutorial assistance, and for meeting the administrative costs, referred to in paragraph (b).
(5) This section does not apply in relation to a student residence or affiliated college that does not provide collegiate accommodation. (6) In this section:
affiliated college, in relation to a university, means a residential college (not being a student residence) affiliated with the university and approved by the Commission, for the purpose of this Act, as an affiliated college.
collegiate accommodation means residential accommodation (including related facilities) for students of a university, being accommodation that, having regard to the facilities and services provided for the students, is, in the opinion of the Commission, of a collegiate nature.
student residence, in relation to a university, means a hall, college or other establishment at which any students of the university reside, being an establishment:
(a) administered by the university or by a body corporate established by the university; and
(b) approved by the Commission, for the purposes of this Act, as a student residence.
(7) The Commission shall, as soon as practicable after making a determination under subsection (2), cause a copy of that determination to be furnished to the Minister.
(1) Where a university is specified in Column 1 of Schedule 6 and an amount is specified in that Schedule in relation to that university and to a year to which this Act applies, there is payable to the State in which the university is situated, for the purpose of financial assistance in respect of contributions by the university towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the university, the amount so specified. (2) Financial assistance is granted to a State under subsection (1) in relation to the teaching hospital or teaching hospitals of a university in respect of a year to which this Act applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the university without undue delay;
(b) the State will ensure that the amount expended by the university in making contributions towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the university is not less than the sum of the amounts paid to the State by way of financial assistance under this section in relation to the teaching hospital or teaching hospitals of the university in respect of that year; and
(c) the State will ensure that the university furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the university in making contributions towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the university.
(3) In this section, appropriate costs, in relation to a teaching hospital of a university, means:
(a) expenditure (other than expenditure on building projects or expenditure on the purchase of equipment) incurred by the hospital in relation to parts of the hospital used exclusively by students enrolled in the Faculty of Medicine, or School of Medicine, of the university, by students enrolled in the Faculty of Medicine, or School of Medicine, of any other university in relation to which that hospital is a teaching hospital and by their teachers and to facilities and equipment so used in connection with those parts of the hospital; and
(b) expenditure, up to an amount of $3,300, incurred in the purchase of books and periodicals for the medical library of the hospital.
(1) Subject to subsection (3), in relation to each building project specified, in relation to a university, in Column 2 of Part I of Schedule 7, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1982, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2. (2) The Commission may approve a minor building project submitted to it by a university as an approved minor building project of the university in respect of the year 1982 and, where it does so, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1982. (3) Subject to subsection (4), where the Commission approves, under subsection (2), a minor building project of a university in respect of the year 1982, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1982, an amount equal to the amount of the approved expenditure on the project in respect of the year 1982. (4) The total of the amounts payable to a State under subsection (3), in relation to a university specified in Column 1 of Part II of Schedule 7, shall not exceed the amount specified in Column 2 of that Part of that Schedule in relation to the university. (5) The Commission may approve an amount as the amount of the approved expenditure in respect of the year 1982 on a design project of a university specified in Part III of Schedule 7. (6) Subject to subsection (7), where the Commission approves an amount as the amount of the approved expenditure, in respect of the year 1982, on a design project of a university specified in Part III of Schedule 7, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1982, an amount equal to the amount of that approved expenditure. (7) The total of the amounts payable to all the States under subsection (6) shall not exceed the amount set out in Part III of Schedule 7 as the total of the grants payable in respect of design projects specified in that Part. (8) The Commission may revoke or vary an approval given under subsection (2) or (5) and, if it varies the amount of the approved expenditure on a project in respect of the year 1982, then, for the purposes of this Act, the amount as so varied shall be deemed:
(a) in the case of a project approved under subsection (2)—as from the date on which the project was so approved; or
(b) in the case of a design project specified in Part III of Schedule 7—as from the date on which an approval was given under subsection (5) in respect of the project;
to have been the amount of the approved expenditure on the project in respect of the year 1982. (9) Where the amount expended in relation to work carried out before 1 January 1982 in connection with a building project that is specified in relation to a university in Column 2 of Part I of Schedule 7B to the States Grants (Tertiary Education Assistance) Act 1978 exceeds the sum of the amounts paid to the State in which the university is situated in relation to the project under that Act or under any previous Act that granted financial assistance to the States in relation to universities, the Minister may, if an amount is specified in Part I of Schedule 7 to this Act in relation to that project, at the request of the State made to him not later than 30 September 1982, direct that an amount specified in the direction, being an amount that does not exceed the amount of that excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1982 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1982.
(1) Subject to subsection (3), in relation to each building project specified, in relation to a university, in Column 2 of Part I of Schedule 7A, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1983, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2. (2) The Commission may approve a minor building project submitted to it by a university as an approved minor building project of the university in respect of the year 1983 and, where it does so, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1983. (3) Subject to subsection (4), where the Commission approves, under subsection (2), a minor building project of a university in respect of the year 1983, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1983, an amount equal to the amount of the approved expenditure on the project in respect of the year 1983. (4) The total of the amounts payable to a State under subsection (3), in relation to a university specified in Column 1 of Part II of Schedule 7A, shall not exceed the amount specified in Column 2 of that Part of that Schedule in relation to the university. (5) The Commission may approve an amount as the amount of the approved expenditure in respect of the year 1983 on a design project of a university specified in Part III of Schedule 7A. (6) Subject to subsection (7), where the Commission approves an amount as the amount of the approved expenditure, in respect of the year 1983, on a design project of a university specified in Part III of Schedule 7A, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1983, an amount equal to the amount of that approved expenditure. (7) The total of the amounts payable to all the States under subsection (6) shall not exceed the amount set out in Part III of Schedule 7A, as the total of the grants payable in respect of design projects specified in that Part. (8) The Commission may revoke or vary an approval given under subsection (2) or (5) and, if it varies the amount of the approved expenditure on a project in respect of the year 1983, then, for the purposes of this Act, the amount as so varied shall be deemed:
(a) in the case of a project approved under subsection (2)—as from the date on which the project was so approved; or
(b) in the case of a design project specified in Part III of Schedule 7A—as from the date on which an approval was given under subsection (5) in respect of the project;
to have been the amount of the approved expenditure on the project in respect of the year 1983. (9) Where the amount expended in relation to work carried out before 1 January 1983 in connection with a building project that is specified in relation to a university in Column 2 of Part I of Schedule 7 exceeds the sum of the amounts paid to the State in which the university is situated, before 1 January 1983, in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to universities, the Minister may, if an amount is specified in Part I of Schedule 7A to this Act in relation to that project, at the request of the State made to him not later than 30 September 1983, direct that an amount specified in the direction, being an amount that does not exceed the amount of that excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1983 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1983.
(1) Subject to subsection (3), in relation to each building project specified, in relation to a university, in Column 2 of Part I of Schedule 7B, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1984, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2. (2) The Commission may approve a minor building project submitted to it by a university as an approved minor building project of the university in respect of the year 1984 and, where it does so, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1984. (3) Subject to subsection (4), where the Commission approves, under subsection (2), a minor building project of a university in respect of the year 1984, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1984, an amount equal to the amount of the approved expenditure on the project in respect of the year 1984. (4) The total of the amounts payable to a State under subsection (3), in relation to a university specified in Column 1 of Part II of Schedule 7B, shall not exceed the amount specified in Column 2 of that Part of that Schedule in relation to the university. (5) The Commission may approve an amount as the amount of the approved expenditure in respect of the year 1984 on a design project of a university specified in Part III of Schedule 7B. (6) Subject to subsection (7), where the Commission approves an amount as the amount of the approved expenditure, in respect of the year 1984, on a design project of a university specified in Part III of Schedule 7B, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to the project in respect of the year 1984, an amount equal to the amount of that approved expenditure. (7) The total of the amounts payable to all the States under subsection (6) shall not exceed the amount set out in Part III of Schedule 7B as the total of the grants payable in respect of design projects specified in that Part. (8) The Commission may revoke or vary an approval given under subsection (2) or (5) and, if it varies the amount of the approved expenditure on a project in respect of the year 1984, then, for the purposes of this Act, the amount as so varied shall be deemed:
(a) in the case of a project approved under subsection (2)—as from the date on which the project was so approved; or
(b) in the case of a design project specified in Part III of Schedule 7B—as from the date on which an approval was given under subsection (5) in respect of the project;
to have been the amount of the approved expenditure on the project in respect of the year 1984. (9) Where the amount expended in relation to work carried out before 1 January 1984 in connection with a building project that is specified in relation to a university in Column 2 of Part I of Schedule 7A exceeds the sum of the amounts paid to the State in which the university is situated, before 1 January 1984, in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to universities, the Minister may, if an amount is specified in Part I of Schedule 7B to this Act in relation to that project, at the request of the State made to him not later than 30 September 1984, direct that an amount specified in the direction, being an amount that does not exceed the amount of the excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1984 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1984.
(1) In this Part, unless the contrary intention appears:
approved authority, in relation to a non‑government teachers college, means such person or body as the Minister declares, in writing, to be an approved authority of that college for the purposes of this section.
college purposes, in relation to a college of advanced education, means:
(a) the general teaching purposes of the college in connection with courses of advanced education provided at the college (including preparatory work in connection with such courses);
(b) the provision by the college of courses of continuing education in accordance with a program of continuing education of the college that is approved by the responsible authority for the State in which the college is situated; and
(c) building projects of the college, not being building projects involving the purchase of land, in relation to each of which the total expenditure does not exceed $50,000 or an amount equal to 0.25% of the amount specified in the column of Schedule 8 that relates to the year in which work on the project was commenced, whichever is the lesser amount.
(2) In sections 23, 24 and 25, references to a certificate by a qualified accountant shall be read as references to a certificate signed by:
(a) a person who is registered as a company auditor or a public accountant under a law of a State or Territory;
(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 Minister as a qualified accountant for the purposes of those sections.
(1) In relation to each college of advanced education specified in Column 1 of Part I of Schedule 8, there is payable to the State in which the college is situated, for the purposes of financial assistance in relation to the expenditure of the college for college purposes in respect of a year to which this Act applies, the amount specified in Part I of Schedule 8 in relation to that college and to that year. (2) Financial assistance is granted to a State under subsection (1) in relation to a college of advanced education in respect of a year to which this Act applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the college without undue delay;
(b) the State will ensure that the total amount expended by the college for college purposes in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in relation to the college in respect of that year;
(c) the State will ensure that each college of advanced education situated in the State does not charge any student fees in respect of that year or a part of that year;
(d) the State will ensure that the college furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the college for college purposes in respect of that year accompanied by a certificate by the auditor:
(i) certifying whether he is satisfied that the prescribed staff of the college comprising each category or class of persons in respect of which the Academic Salaries Tribunal had, in a report or reports of that Tribunal, recommended a rate of salary, or a scale of rates of salary, applicable to that year or a part of that year had been paid salary, in respect of that year or that part of that year, in accordance with those recommendations; and
(ii) if he is not so satisfied—certifying, in respect of each of those categories or classes of persons in respect of which he is not so satisfied, the rate or scale of rates at which salary was paid, in respect of that year or that part of that year, to the prescribed staff of the college comprising that category or class; and
(e) the State will cause to be furnished to the Commission by the college, not later than such date as the Commission specifies, such statistical and other information as the Commission requires from the college in respect of the provision of tertiary education by the college during that year.
(3) Where a college of advanced education is specified in Column 1 of Part IV of Schedule 8 and an amount is specified opposite to the name of that college in Column 2 or 3 of that Part, financial assistance in respect of the year to which that Column relates is granted under subsection (1) to the State in which the college of advanced education is situated on the further condition that the State will ensure that the amount expended by the college in respect of that year for college purposes, being purposes that will enable the college to provide, or develop and provide, courses in applied science, technology or business studies, is not less than the amount specified opposite to the name of that college in that Column. (4) Where a determination is made under subsection 5(5) relating to the provision of a course of advanced education at a college, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course), or, if the course has been introduced at the college, in connection with the provision of the course, that is incurred by the college while the determination is in force, shall not be treated as expenditure by the college for college purposes in the application of subsection (2) of this section and section 17 to and in relation to financial assistance granted to a State in relation to the college. (5) In determining, for the purposes of subsection (2) of this section and section 17, the amount expended by a college of advanced education for college purposes in respect of a year, where the total expenditure incurred by the college in connection with the provision, in respect of that year, of courses of continuing education provided in accordance with a program of continuing education approved by the responsible authority for the State in which the college is situated exceeds the greater of $50,000 and an amount equal to 1% of the amount specified in Part I of Schedule 8 in relation to the college, an amount equal to the greater of those amounts shall be treated as the total amount of expenditure so incurred.
(1) There is payable to a State specified in Part II of Schedule 8, for the purposes of financial assistance in relation to recurrent expenditure incurred by the State and by instrumentalities of the State in connection with the provision, in respect of a year to which this Act applies, at technical and further education institutions situated in that State, of courses of advanced education, the amount specified in that Part in relation to that State and that year. (2) Financial assistance is granted to a State under subsection (1) in relation to the provision, at technical and further education institutions situated in that State, of courses of advanced education in respect of a year to which this Act applies on the conditions that:
(a) the State will ensure that the total of the amounts expended by the State and by instrumentalities of the State by way of recurrent expenditure in connection with the provision of courses of advanced education at those institutions is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in respect of that year;
(b) the State will ensure that each technical and further education institution situated in the State at which courses of advanced education are provided does not charge any student fees in respect of that year or a part of that year;
(c) the State will furnish to the Commission, not later than 30 September next following the end of that year, a statement by an approved auditor within the meaning of Part IV, in accordance with a form approved by the Commission, as to the total expenditure, in respect of that year, by the State and by instrumentalities of the State, by way of recurrent expenditure, in connection with the provision, at those institutions, of courses of advanced education; and
(d) the State will cause to be furnished to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires in respect of the provision at those institutions of courses of advanced education.
(3) Financial assistance is granted to the State of New South Wales under subsection (1) on the further condition that the State will ensure that of the total of the amounts expended by the State and by instrumentalities of the State in connection with the provision, at technical and further education institutions situated in the State, of courses of advanced education in respect of the year 1982, not less than $30,000 is expended upon the provision, or the development and provision, of courses of advanced education in applied science, technology or business studies at one or more of those institutions in respect of that year. (4) Where a determination is made under subsection 5(5) relating to the provision of a course of advanced education at a technical and further education institution situated in a State, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course) or, if the course has been introduced at the institution, in connection with the provision of the course, that is incurred by the State or by an instrumentality of the State while the determination is in force shall not be treated as expenditure by the State or by an instrumentality of the State by way of recurrent expenditure in connection with the provision of courses of advanced education at technical and further education institutions in the application of subsection (2) of this section and section 17 to and in relation to financial assistance granted to that State under subsection (1) of this section.
(1) Where the Commission is satisfied that the amount paid to a State in relation to recurrent expenditure of a college of advanced education for college purposes in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, under subsection 14 (1) of the States Grants (Tertiary Education Assistance) Act 1978, or under section 15 of this Act, as the case requires, exceeded the amount expended by the college for those purposes in respect of the base year, the Commission shall direct that the amount (in this subsection referred to as the relevant amount) specified in Part I of Schedule 8 in relation to that college and the year next following the base year shall be deemed to have been increased by the amount of the excess or by the prescribed amount applicable to that college in relation to the base year, whichever is the less, and, upon the Commission’s giving that direction, then, for the purposes of this Act:
(a) there shall be deemed to have been specified in Schedule 8 (as from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased;
(b) the amount so paid to the State in relation to the recurrent expenditure of that college for college purposes in respect of the base year shall be deemed to have been reduced by an amount equal to the amount of the excess; and
(c) an amount equal to the amount of the excess shall be deemed to have been paid to the State under this Act for the purpose of financial assistance in relation to the recurrent expenditure of the college for college purposes in respect of the year next following the base year.
(2) Where the Commission is satisfied that the amount paid to a State, in relation to recurrent expenditure of the State and of instrumentalities of the State in connection with the provision, in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, under subsection 14(5) of the States Grants (Tertiary Education Assistance) Act 1978, or under section 16 of this Act, as the case requires, at technical and further education institutions of courses of advanced education, exceeded the amount expended by the State and by those instrumentalities in connection with the provision, in respect of the base year, at technical and further education institutions situated in the State, of courses of advanced education, the Commission shall direct that the amount (in this subsection referred to as the relevant amount) specified in Part II of Schedule 8 in relation to that State and the year next following the base year, shall be deemed to have been increased by the amount of the excess or by the prescribed amount applicable to the State in relation to the base year, whichever is the less, and, upon the Commission’s giving that direction, then, for the purposes of this Act:
(a) there shall be deemed to have been specified in Schedule 8 (as from 1 January in the year next following the base year) in substitution for the relevant amount, the relevant amount as so increased;
(b) the amount so paid to the State in relation to the recurrent expenditure of the State and those instrumentalities in connection with the provision, in respect of the base year at technical and further education institutions situated in the State, of courses of advanced education shall be deemed to have been reduced by an amount equal to the amount of the excess; and
(c) an amount equal to the amount of the excess shall be deemed to have been paid to the State under this Act for the purpose of financial assistance in relation to the recurrent expenditure of the State and of those instrumentalities in connection with the provision, in respect of the year next following the base year, at technical and further education institutions situated in the State, of courses of advanced education.
(3) Where the amount of the excess referred to in subsection (1) in relation to a college of advanced education in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, exceeds the prescribed amount in relation to that college in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the college is situated, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount) specified in Part I of Schedule 8 in relation to that college and the year next following the base year shall be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount in relation to that college in respect of the base year, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased. (4) Where the amount of the excess referred to in subsection (2) in relation to a State in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, exceeds the prescribed amount in relation to that State in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount) specified in Part II of Schedule 8 in relation to that State and the year next following the base year shall be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount in relation to that State in respect of the base year, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased. (5) Where the aggregate of the amounts paid to a State in relation to the recurrent expenditure of all the colleges of advanced education in the State for college purposes in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, under subsection 14(1) of the States Grants (Tertiary Education Assistance) Act 1978 or section 15 of this Act, whichever is appropriate, and the amounts (if any) paid to the State under subsection 14(5) of the States Grants (Tertiary Education Assistance) Act 1978 or section 16 of this Act, whichever is appropriate, in respect of that year and the amount (if any) specified in relation to that State in Part III of Schedule 8 to the States Grants (Tertiary Education Assistance) Act 1978 or in Part III of Schedule 8 to this Act, whichever is appropriate, upon the expiration of that year, exceeded the sum of:
(a) the respective amounts expended by each of the colleges in the State in respect of recurrent expenditure for college purposes in respect of that year;
(b) the amount (if any) expended by the State and by instrumentalities of the State in connection with the provision, in respect of that year, at technical and further education institutions situated in the State, of courses of advanced education;
(c) the amounts (if any) by which the amounts specified in Part I of Schedule 8 in relation to colleges situated in the State and to the year next following the base year have been increased under this section; and
(d) the amount (if any) by which the amount specified in Part II of Schedule 8 in relation to the State and to the year next following the base year has been increased under this section;
the Minister may, at the request of the State, being a request made not later than 30 September of the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount) specified in Part III of that Schedule in relation to the State and the year next following the base year shall be increased by an amount specified in the direction, being an amount not exceeding the amount of the excess, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January of the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased. (6) The Minister shall not, after he has given a direction under subsection (5) in relation to a State and to a year, give a direction or a further direction in relation to the State and to that year under subsection (3) or (4). (7) Where the Commission is satisfied that the amount expended by a college of advanced education for college purposes in respect of a year, being the year 1981, 1982 or 1983, exceeded the sum of the amounts of financial assistance paid to the State in which that college is situated in relation to recurrent expenditure by that college for such purposes in respect of that year, under subsection 14(1) of the States Grants (Tertiary Education Assistance) Act 1978, or under section 15 of this Act, as the case requires, the Commission shall direct that an amount equal to the amount of the excess or the prescribed amount applicable to the college in relation to that year, whichever is the less, shall be treated as if it had been expended by the college for college purposes in respect of the next following year, and, upon the Commission’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended. (8) Where the Commission is satisfied that the amount expended by a State and by instrumentalities of a State in connection with the provision, in respect of a year, being the year 1981, 1982 or 1983, at technical and further education institutions situated in that State, of courses of advanced education exceeded the sum of the amounts of financial assistance paid to the State in relation to recurrent expenditure incurred in connection with the provision, in respect of that year, at technical and further education institutions situated in that States Grants (Tertiary Education Assistance) Act 1978, or under section 16 of this Act, as the case requires, the Commission shall direct that an amount equal to the amount of the excess or the prescribed amount applicable to the State in relation to that year, whichever is the less, shall be treated as if it had been expended by the State, in connection with the provision, in respect of the next following year, at technical and further education institutions situated in that State, of courses of advanced education, and, upon the Commission’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended. (9) Where the amount of the excess referred to in subsection (7) in relation to a college of advanced education in respect of a year exceeds the prescribed amount in relation to that college in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the college is situated, being a request made not later than 30 September next following the expiration of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount, shall be treated as if it had been expended by the college for college purposes in respect of the next following year, and, upon the Minister’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended. (10) Where the amount of the excess referred to in subsection (8) in relation to a State in respect of a year exceeds the prescribed amount in relation to that State in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State, being a request made not later than 30 September next following the expiration of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount, shall be treated as if it had been expended by the State in connection with the provision, in respect of the next following year, at technical and further education institutions situated in the State, of courses of advanced education, and, upon the Minister’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended. (11) As soon as practicable after the Commission has given a direction under subsection (1), (2), (7) or (8), the Commission shall furnish to the Minister particulars of the direction. (12) In this section:
(a) a reference to college purposes in respect of a year, being the year 1981, 1982, 1983 or 1984, shall be read as a reference:
(i) in the case of the year 1981—to college purposes within the meaning of the States Grants (Tertiary Education Assistance) Act 1978; and
(ii) in the case of the year 1982, 1983 or 1984—to college purposes within the meaning of this Act;
(b) a reference to the prescribed amount applicable to a college of advanced education in relation to a year, being the year 1981, 1982 or 1983, shall be read as a reference:
(i) in the case of the year 1981—to the greater of $50,000 and an amount equal to 1% of the amount paid to the State in which the college is situated in relation to recurrent expenditure of that college for college purposes in respect of that year under subsection 14(1) of the States Grants (Tertiary Education Assistance) Act 1978; and
(ii) in the case of the year 1982 or 1983—to the greater of $50,000 and an amount equal to 1% of the amount paid to the State in which the college is situated in relation to recurrent expenditure of that college for college purposes in respect of that year under section 15; and
(c) a reference to the prescribed amount applicable to a State, in relation to expenditure in connection with the provision, in respect of a year, being the year 1981, 1982 or 1983, at technical and further education institutions situated in the State of courses of advanced education, shall be read as a reference:
(i) in the case of the year 1981—to the greater of $50,000 and an amount equal to 1% of the amount paid to the State in relation to recurrent expenditure of the State and instrumentalities of the State in connection with the provision, in respect of that year, at technical and further education institutions in that State of courses of advanced education, under subsection 14(5) of the States Grants (Tertiary Education Assistance) Act 1978; and
(ii) in the case of the year 1982 or 1983—to the greater of $50,000 and an amount equal to 1% of the amount paid to the State in relation to recurrent expenditure of the State and instrumentalities of the State in connection with the provision, in respect of that year, at technical and further education institutions situated in that State of courses of advanced education under section 16.
(1) At any time, and from time to time, during a year to which this Act applies, but subject to this section, the Minister may direct that this Act has effect as if all or any of the amounts specified in Part I, Parts I and III, or Parts II and III, of Schedule 8 in relation to that year were varied in accordance with that direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule (as from the commencement date in respect of that year), in substitution for those amounts, the amounts as so varied. (2) At any time, and from time to time, during a year to which this Act applies, but subject to this section, the Commission may direct that this Act has effect as if all or any of the amounts specified in Part I, Parts I and III, or Parts II and III, of Schedule 8 in respect of that year were varied in accordance with the direction, and, where the Commission gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule (as from the commencement date in respect of that year), in substitution for those amounts, the amounts as so varied. (3) A direction shall not be given under subsection (1) or (2) with respect to an amount specified in Part I of Schedule 8 opposite to the name of a college of advanced education situated in a State, or with respect to an amount specified in Part II or Part III of Schedule 8 opposite to the name of a State, except at the request of the State. (4) The Commission shall not give a direction under subsection (2) that will have the effect of varying an amount specified in a column of Part I of Schedule 8 opposite to the name of a college of advanced education or in a column of Part II of that Schedule opposite to the name of a State:
(a) if that amount has previously been varied in accordance with a direction given under subsection (1); or
(b) if the amount as so varied would be greater or less, by more than $300,000, than the amount that is specified, or the amount that would, but for any direction or directions previously given under this section, be the amount that is specified, in that column opposite to the name of that State.
(5) A direction shall not be given under subsection (1) or (2) during a year to which this Act applies:
(a) in a case where the direction relates only to amounts specified in Part I of Schedule 8 in respect of that year—that would have the effect of varying the amount in that Part in such a way that, after the variation, the aggregate of the amounts specified in that Part in relation to that year is greater or less than the aggregate of those amounts before the giving of that direction; and
(b) in a case where the direction relates to amounts specified in Parts I and III, or Parts II and III, of Schedule 8 in respect of that year—that would have the effect of varying the amounts in those Parts in such a way that after the variation the aggregate of the amounts specified in those Parts in relation to that year is greater or less than the aggregate of those amounts before the giving of that direction.
(6) As soon as practicable after the Commission has given a direction under subsection (2), the Commission shall furnish to the Minister particulars of the direction. (7) As soon as practicable after the Minister has given a direction under subsection (1), or has been furnished under subsection (6) with particulars of a direction given by the Commission under subsection (2), the Minister shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament. (8) In this section, a reference to the commencement date in respect of a year shall be read as a reference:
(a) in the case of the year 1982—to the date on which this Act receives the Royal Assent;
(b) in the case of the year 1983—to 1 January 1983; and
(c) in the case of the year 1984—to 1 January 1984.
(1) A State may, from time to time, submit for the approval of the Commission proposals for expenditure by a college of advanced education situated in that State on equipment for use by the college. (2) The Commission may approve a proposal submitted to it under subsection (1) in relation to a college of advanced education as an approved proposal for expenditure by the college in respect of a year to which this section applies on equipment subject to such conditions as the Commission determines, and may revoke or vary any such approval. (3) Subject to subsection (4), in relation to each approved proposal for expenditure by a college of advanced education in respect of a year to which this section applies on equipment, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the college or by the body administering the college in connection with the approved proposal, an amount equal to the amount of the proposed expenditure. (4) The sum of the amounts payable to a State under subsection (3) in respect of approved proposals for expenditure by colleges in respect of a year to which this section applies shall not exceed the amount specified in relation to that State in the column of Schedule 9 that relates to that year. (5) Financial assistance is granted to a State under subsection (3) in relation to approved proposals for expenditure by a college of advanced education in respect of a year to which this section applies on the conditions that:
(a) the State will, without undue delay, pay to the college each amount paid to it under subsection (3) in relation to those proposals;
(b) the State will ensure that the sum of the amounts expended by the college in connection with approved proposals for expenditure by the college in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under subsection (3) in relation to approved proposals of the college in respect of that year; and
(c) the State will cause to be furnished to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the college in connection with approved proposals for expenditure by the college in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.
(6) In this section, year to which this section applies means the year 1982, the year 1983 or the year 1984.
(1) The Minister shall, for the purposes of this section, determine principles for calculating the amount of financial assistance that is payable to a State in relation to the student residence or student residences of a college of advanced education, or of a non‑government teachers college, situated in the State or in relation to an affiliated college of a college of advanced education situated in the State, in respect of a year to which this Act applies, and may vary or revoke any determination so made. (2) Subject to subsection (3), there is payable to a State, for the purpose of financial assistance in relation to the student residence or student residences of a college of advanced education, or of a non‑government teachers college, situated in the State or in relation to an affiliated college of a college of advanced education situated in that State, in respect of a year to which this Act applies, such amount as the Commission determines, in accordance with a determination made by the Minister under subsection (1) that is in force, to be an amount of financial assistance that is payable in relation to that student residence or those student residences, or in relation to that affiliated college, in respect of that year. (3) The total of the amounts payable under subsection (2) in relation to all student residences of colleges of advanced education and non‑government teachers colleges and in relation to all affiliated colleges of colleges of advanced education shall not exceed:
(a) in respect of the year 1982—$1,250,000;
(b) in respect of the year 1983—$1,358,000; or
(c) in respect of the year 1984—$1,101,000.
(4) Financial assistance is granted to a State in accordance with this section in relation to the student residence or student residences, or to an affiliated college, of a college of advanced education in respect of a year to which this Act applies on the conditions that:
(a) in the case of financial assistance in relation to the student residence or student residences of a college of advanced education:
(i) the State will, without undue delay, pay to the college of advanced education each amount of that financial assistance paid to it in relation to the student residence or student residences;
(ii) the State will ensure that the amount expended by, or on behalf of, the college of advanced education for the provision of tutorial assistance to students of, and for meeting the administrative costs of, the student residence or student residences in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the student residence or student residences of the college in respect of that year; and
(iii) the State will ensure that the college of advanced education furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure by, or on behalf of, the college for the provision of the tutorial assistance and for meeting the administrative costs referred to in subparagraph (ii); and
(b) in the case of financial assistance in relation to an affiliated college of a college of advanced education:
(i) the State will, without undue delay, pay to the college of advanced education or other body administering the affiliated college an amount equal to each amount paid to the State under this section in relation to that affiliated college;
(ii) the State will ensure that the amount expended by the college of advanced education or other body administering the affiliated college for the provision of tutorial assistance to students of, and for meeting the administrative costs of, that affiliated college in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to that affiliated college in respect of that year; and
(iii) the State will ensure that the college of advanced education or other body administering the affiliated college furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the college or other body for the provision of the tutorial assistance and for meeting the administrative costs referred to in subparagraph (ii).
(5) Financial assistance is granted to a State in accordance with this section in relation to the student residence or student residences of the non‑government teachers college situated in that State in respect of a year to which this Act applies on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the non‑government teachers college each amount of that financial assistance paid to it in relation to that student residence or those student residences;
(b) the State will not make a payment to the approved authority of the non‑government teachers college under this section in relation to that student residence or those student residences in respect of that year unless the approved authority, before or at the time of accepting the first payment under this section in relation to that student residence or those student residences in respect of that year, has agreed or agrees with the State to be bound by the following conditions:
(i) the approved authority will ensure that the sum of the amounts expended by, or on behalf of, the non‑government teachers college for the provision of tutorial assistance to students of, and for meeting the administrative costs of, the student residence or student residences in respect of that year is not less than the sum of the amounts of financial assistance paid to the approved authority under this section in relation to the student residence or student residences of the college in respect of that year;
(ii) the approved authority will cause to be furnished to the Commission, not later than 30 September next following the expiration of that year, a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) has been fulfilled; and
(iii) if the approved authority does not fulfil a condition specified in subparagraph (i) or (ii), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to that student residence or those student residences in respect of that year) as the Minister determines should be repaid by the approved authority; and
(c) if an amount that the approved authority of the non‑government teachers college is liable to repay to a State under the condition referred to in subparagraph (b)(iii) is repaid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.
(6) This section does not apply in relation to a student residence or affiliated college that does not provide collegiate accommodation. (7) In this section:
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.
collegiate accommodation means residential accommodation (including related facilities) for students of a college of advanced education or of a non‑government teachers college, being accommodation that, having regard to the facilities and services provided for the students, is, in the opinion of the Commission, of a collegiate nature.
student residence, in relation to a college of advanced education or of a non‑government teachers college, 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.
(8) The Commission shall, as soon as practicable after making a determination under subsection (2), cause a copy of that determination to be furnished to the Minister.
(1) In relation to each building project specified, in relation to a college of advanced education, in Column 2 of Part IV of Schedule 7, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1982, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2. (2) The Commission may approve a minor building project submitted to it by a State as an approved minor building project of a college of advanced education in respect of the year 1982, and, if it approves such a project, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1982. (3) Subject to subsection (4), where the Commission approves a minor building project of a college of advanced education under subsection (2), there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the project in respect of the year 1982, an amount equal to the amount of the approved expenditure on the project in respect of the year 1982. (4) The total of the amounts payable to a State under subsection (3) in relation to minor building projects of colleges of advanced education situated in the State shall not exceed the amount specified in Column 2 of Part V of Schedule 7 in relation to the State. (5) The Commission may revoke or vary an approval given by it under subsection (2) and, if it varies the amount of the approved expenditure on a project in respect of the year 1982, then, for the purposes of this Act (including this section), the amount as so varied shall be deemed to have been, as from the date on which the project was approved under subsection (2), the amount of the approved expenditure on the project in respect of the year 1982. (6) Where the amount expended in relation to work carried out before 1 January 1982 in connection with a building project that is specified in relation to a college of advanced education in Column 2 of Part IV of Schedule 7B to the States Grants (Tertiary Education Assistance) Act 1978 exceeds the sum of the amounts paid to the State in which the college of advanced education is situated in relation to the project under that Act or under any previous Act that granted financial assistance to the States in relation to colleges of advanced education, the Minister may, if an amount is specified in Part IV of Schedule 7 to this Act in relation to that project, at the request of the State made to him not later than 30 September 1982, direct that an amount specified in the direction, being an amount that does not exceed the amount of the excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1982 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1982.
(1) In relation to each building project specified, in relation to a college of advanced education, in Column 2 of Part IV of Schedule 7A, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1983, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2. (2) The Commission may approve a minor building project submitted to it by a State as an approved minor building project of a college of advanced education in respect of the year 1983, and, if it approves such a project, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1983. (3) Subject to subsection (4), where the Commission approves a minor building project of a college of advanced education under subsection (2), there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the project in respect of the year 1983, an amount equal to the amount of the approved expenditure on the project in respect of the year 1983. (4) The total of the amounts payable to a State under subsection (3) in relation to minor building projects of colleges of advanced education situated in the State shall not exceed the amount specified in Column 2 of Part V of Schedule 7A in relation to the State. (5) The Commission may revoke or vary an approval given by it under subsection (2) and, if it varies the amount of the approved expenditure on a project in respect of the year 1983, then, for the purposes of this Act (including this section), the amount as so varied shall be deemed to have been, as from the date on which the project was approved under subsection (2), the amount of the approved expenditure on the project in respect of the year 1983. (6) Where the amount expended in relation to work carried out before 1 January 1983 in connection with a building project that is specified in relation to a college of advanced education in Column 2 of Part IV of Schedule 7 exceeds the sum of the amounts paid to the State in which the college of advanced education is situated, before 1 January 1983, in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to colleges of advanced education, the Minister may, if an amount is specified in Part IV of Schedule 7A to this Act in relation to that project, at the request of the State made to him not later than 30 September 1983, direct that an amount specified in the direction, being an amount that does not exceed the amount of the excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1983 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1983.
(1) In relation to each building project specified, in relation to a college of advanced education, in Column 2 of Part IV of Schedule 7B, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1984, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2. (2) The Commission may approve a minor building project submitted to it by a State as an approved minor building project of a college of advanced education in respect of the year 1984, and, if it approves such a project, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1984. (3) Subject to subsection (4), where the Commission approves a minor building project of a college of advanced education under subsection (2), there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the project in respect of the year 1984, an amount equal to the amount of the approved expenditure on the project in respect of the year 1984. (4) The total of the amounts payable to a State under subsection (3) in relation to minor building projects of colleges of advanced education situated in the State shall not exceed the amount specified in Column 2 of Part V of Schedule 7B in relation to the State. (5) The Commission may revoke or vary an approval given by it under subsection (2) and, if it varies the amount of the approved expenditure on a project in respect of the year 1984, then, for the purposes of this Act (including this section), the amount so varied shall be deemed to have been, as from the date on which the project was so approved under subsection (2), the amount of the approved expenditure on the project in respect of the year 1984. (6) Where the amount expended in relation to work carried out before 1 January 1984 in connection with a building project that is specified in relation to a college of advanced education in Column 2 of Part IV of Schedule 7A exceeds the sum of the amounts paid to the State in which the college of advanced education is situated, before 1 January 1984, in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to colleges of advanced education, the Minister may, if an amount is specified in Part IV of Schedule 7B to this Act in relation to that project, at the request of the State made to him not later than 30 September 1984, direct that an amount specified in the direction, being an amount that does not exceed the amount of the excess, shall be treated as if it had been expended in relation to work carried out in connection with the project in the year 1984 and, where the Minister gives such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended in the year 1984.
(1) There is payable to the Northern Territory, for the purpose of financial assistance in relation to expenditure in connection with the provision, in respect of a year to which this Act applies, of courses of advanced education at institutions in the Northern Territory, the amount specified in Schedule 10 in relation to the Northern Territory and to that year. (2) Financial assistance is granted to the Northern Territory under subsection (1) in respect of a year to which this Act applies on the conditions that:
(a) the Northern Territory will ensure that the total of the amounts expended by the Northern Territory and by instrumentalities of the Northern Territory, in connection with the provision, in respect of that year, of courses of advanced education at institutions in the Northern Territory is not less than the sum of the amounts of financial assistance paid to the Northern Territory under subsection (1) in respect of that year;
(b) the Northern Territory will ensure that each institution situated in the Northern Territory at which courses of advanced education are provided does not charge any student fees in respect of that year or a part of that year;
(c) the Northern Territory will furnish to the Commission, not later than 30 September next following the end of that year, a statement by the Auditor‑General of the Northern Territory, in accordance with a form approved by the Commission, as to the expenditure of the Northern Territory and of instrumentalities of the Northern Territory, in respect of that year, in connection with the provision of courses of advanced education at institutions in the Northern Territory; and
(d) the Northern Territory will cause to be furnished to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires in respect of the provision in the Northern Territory of courses of advanced education and courses of continuing education referred to in paragraph (13)(b) at institutions in the Northern Territory during that year.
(3) Where a determination is made under subsection 5(5) relating to the provision of a course of advanced education at an institution in the Northern Territory, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course) or, if the course has been introduced at the institution, in connection with the provision of the course, that is incurred by the Northern Territory or by an instrumentality of the Northern Territory while the determination is in force does not count as expenditure by the Northern Territory or by an instrumentality of the Northern Territory in connection with the provision of courses of advanced education at institutions in the Northern Territory in the application of subsections (2), (7) and (9) of this section to and in relation to financial assistance granted to the Northern Territory under subsection (1) of this section. (4) Where, at any time during the year 1982, the Minister, after having regard to the advice of the Commission, considers it appropriate to provide additional funds to the Northern Territory for the purpose of enabling the Darwin Community College to provide external study facilities in respect of that year, he may direct that this Act shall have effect as if the amount specified in Part V of Schedule 8 were reduced by such amount as he specifies in the direction and the amount specified in Column 1 of Schedule 10 were increased by a corresponding amount, and, where he does so, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in Part V of Schedule 8 and in Column 1 of Schedule 10 (as from the commencing day), in substitution for the amounts specified in that Part and that Column, those amounts as so varied. (5) If the Minister gives a direction under subsection (4), then, for the purposes of this section, a reference to the provision of courses of advanced education in respect of a year to which this Act applies shall be taken, so far as that reference relates to the Darwin Community College, to include a reference to the provision at that College in respect of that year of external study facilities. (6) As soon as practicable after the Minister has given a direction under subsection (4), the Minister shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament. (7) Where the Commission is satisfied that the amount paid to the Northern Territory in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, under section 15B of the States Grants (Tertiary Education Assistance) Act 1978, or under this section, as the case requires, exceeded the amount expended by the Northern Territory and instrumentalities of the Northern Territory in connection with the provision, in respect of the base year, of courses of advanced education at institutions in the Northern Territory, the Commission shall direct that the amount (in this subsection referred to as the relevant amount) specified in Schedule 10 in relation to the year next following the base year shall be deemed to have been increased by the amount of the excess or by the prescribed amount in relation to the base year, whichever is the less, and, upon the Commission’s giving that direction, then, for the purposes of this Act:
(a) there shall be deemed to have been specified in Schedule 10 (as from 1 January in the year next following the base year) in substitution for the relevant amount, the relevant amount as so increased;
(b) the amount so paid to the Northern Territory in relation to expenditure in connection with the provision, in respect of the base year, of courses of advanced education shall be deemed to have been reduced by an amount equal to the amount of the excess; and
(c) an amount equal to the amount of the excess shall be deemed to have been paid to the Northern Territory under subsection (1) for the purpose of financial assistance in relation to expenditure in connection with the provision, in respect of the year next following the base year, of courses of advanced education at institutions in the Northern Territory.
(8) Where the amount of the excess referred to in subsection (7) in respect of a year (in this subsection referred to as the base year), being the year 1981, 1982 or 1983, exceeds the prescribed amount, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the Northern Territory, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount), being the amount specified in Schedule 10 in relation to the year next following the base year shall be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount, in respect of the base year, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased. (9) Where the Commission is satisfied that the amount expended by the Northern Territory in connection with the provision, in respect of a year, being the year 1981, 1982 or 1983, of courses of advanced education at institutions situated in the Northern Territory exceeded the sum of the amounts of financial assistance paid to the Northern Territory in respect of that year under section 15B of the States Grants (Tertiary Education Assistance) Act 1978, or under this section, the Commission shall direct that an amount equal to the amount of the excess or the prescribed amount applicable to the Northern Territory in relation to that year, whichever is the less, shall be treated as if it had been expended by the Northern Territory, in connection with the provision, in respect of the next following year, of courses of advanced education at technical and further education institutions situated in the Northern Territory, and, upon the Commission’s giving that direction, for the purposes of this Act, that amount shall be treated as if it had been so expended. (10) Where the amount of the excess referred to in subsection (9) in relation to the Northern Territory in respect of a year exceeds the prescribed amount in relation to the Northern Territory in respect of that year, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the Northern Territory, being a request made not later than 30 September next following the expiration of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount, shall be treated as if it had been expended by the Northern Territory in connection with the provision, in respect of the next following year, of courses of advanced education at technical and further education institutions situated in the Northern Territory, and, upon the Minister’s giving that direction, for all purposes of this Act, that amount shall be treated as if it had been so expended. (11) As soon as practicable after the Commission has given a direction under subsection (7) or (9), the Commission shall furnish to the Minister particulars of the direction. (12) In this section, a reference to amounts of expenditure in connection with the provision, in respect of the year 1981, of courses of advanced education at institutions situated in the Northern Territory shall be read as a reference to:
(a) amounts of expenditure for the general teaching purposes of institutions in the Northern Territory in connection with courses of advanced education provided, in respect of that year, by the institutions (including preparatory work in connection with such courses);
(b) amounts of expenditure in connection with the provision, in respect of that year, at institutions in the Northern Territory at which courses of advanced education are provided, of courses of continuing education provided in accordance with programs of continuing education approved by the responsible authority for the Northern Territory or, if the total of those amounts exceeds 0.5% of the amount specified in Schedule 8A of the States Grants (Tertiary Education Assistance) Act 1978 in relation to that year, an amount, in respect of that expenditure, equal to 0.5% of the amount so specified; and
(c) amounts of expenditure in connection with building projects of institutions in the Northern Territory at which courses of advanced education are provided, being building projects (other than building projects involving the purchase of land) each of which is undertaken wholly for the purpose of providing such courses at those institutions and in relation to each of which the total expenditure does not exceed $30,000 or an amount equal to 0.25% of the amount specified in Schedule 8A of the States Grants (Tertiary Education Assistance) Act 1978 in relation to that year, whichever is the lesser amount.
(13) In this section, a reference to amounts of expenditure, in connection with the provision, in respect of the year 1982, 1983 or 1984, of courses of advanced education at institutions situated in the Northern Territory shall be read as a reference to:
(a) amounts of expenditure for the general teaching purposes of institutions in the Northern Territory in connection with courses of advanced education provided, in respect of that year, by the institutions (including the preparatory work in connection with such courses);
(b) amounts of expenditure in connection with the provision, in respect of that year, at institutions in the Northern Territory at which courses of advanced education are provided, of courses of continuing education provided in accordance with programs of continuing education by the responsible authority for the Northern Territory or, if the total of those amounts exceeds the greater of an amount equal to 1% of the amount specified in Schedule 10 in relation to that year and the amount of $50,000, an amount, in respect of that expenditure, equal to the greater of those amounts; and
(c) amounts of expenditure in connection with building projects of institutions in the Northern Territory at which courses of advanced education are provided, being building projects (other than building projects involving the purchase of land) each of which is undertaken wholly for the purpose of providing such courses at those institutions in relation to each of which the total expenditure does not exceed $50,000 or an amount equal to 0.25% of the amount specified in Schedule 10 in relation to that year, whichever is the lesser amount.
(14) In this section, a reference to the prescribed amount, in relation to a year, being the year 1981, 1982 or 1983, shall be read as a reference:
(a) in the case of the year 1981—to the greater of $50,000 and an amount equal to 1% of the amount paid to the Northern Territory under subsection 15B(1) of the States Grants (Tertiary Education Assistance) Act 1978 in respect of that year; and
(b) in the case of the year 1982 or 1983—to the greater of $50,000 and an amount equal to 1% of the amount paid to the Northern Territory, under subsection (1) in respect of that year.
(15) In this section, a reference to external study facilities shall be read as a reference to teaching facilities provided for the assistance of students undertaking courses of study provided by universities or colleges of advanced education that are situated in one or other of the States, being courses of study in which those students are enrolled as external students.
(1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of the non‑government teachers college situated in that State in providing, in a particular year to which this Act applies, courses of teacher education in respect of that year, of such payments as the Minister approves. (2) The sum of the amounts payable under subsection (1) to a State in which a non‑government teachers college is situated in relation to that non‑government teachers college shall not exceed:
(a) in the case where the non‑government teachers college is Avondale College:
(i) in respect of the year 1982—$890,000;
(ii) in respect of the year 1983—$958,000; or
(iii) in respect of the year 1984—$1,036,000;
(b) in the case where the non‑government teachers college is McAuley College:
(i) in respect of the year 1982—$1,121,000;
(ii) in respect of the year 1983—$1,303,000; or
(iii) in respect of the year 1984—$1,528,000.
(3) Financial assistance is granted to a State under this section in relation to the non‑government teachers college situated in that State, in respect of a year to which this Act applies, on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to the State under this section in relation to the college;
(b) the State will not make a payment to the approved authority of the college under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:
(i) the approved authority of the college will ensure that the amount applied for the purpose of meeting recurrent expenditure incurred, in respect of that year, by the college in the provision in that year of courses of teacher education is not less than the sum of the amounts paid to the approved authority under this section in relation to the college in respect of that year;
(ii) the approved authority of the college will ensure that the college does not charge any student fees in respect of that year or a part of that year in respect of his undertaking a course of teacher education at the college;
(iii) the approved authority will cause to be furnished to the Commission not later than 30 September in the year next following the end of that year:
(A) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) has been fulfilled; and
(B) a statement, in writing, that contains such information in respect of the recurrent expenditure of the college, and such other financial and statistical information in respect of the college, as is required by the Commissioner to be so furnished; and
(iv) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii) or (iii), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority; and
(c) if an amount that the approved authority of the college is liable to repay to a State under the condition referred to in subparagraph (b)(iv) is repaid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.
(4) Where the Commission is satisfied that the amount paid under this section to a State in respect of recurrent expenditure of the non‑government teachers college situated in that State in providing, in a year (in this subsection referred to as the base year), being the year 1982 or 1983, courses of teacher education in respect of that year exceeded the amount expended by the college or by the body administering the college in providing such courses in that year, the Commission shall direct that the amount (in this subsection referred to as the relevant amount) specified in subsection (2) in relation to the college and to the year next following the base year, shall be deemed to have been increased by the amount of the excess or by $50,000, whichever is the less, and, upon the Commission’s giving that direction, then, for the purposes of this Act:
(a) there shall be deemed to have been specified in subsection (2) (as from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased;
(b) the amount paid to the State in relation to recurrent expenditure of that college in providing courses of teacher education in that State, in the base year, shall be deemed to have been reduced by an amount equal to the amount of the excess; and
(c) an amount equal to the amount of the excess shall be deemed to have been paid to the State under subsection (1) for the purpose of financial assistance in relation to recurrent expenditure of the college in providing, in the year next following the base year, courses of teacher education in respect of that year.
(5) Where the amount of the excess referred to in subsection (4) in relation to a non‑government teachers college in respect of a year (in this subsection referred to as the base year), being the year 1982 or 1983, exceeds $50,000, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the college is situated, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount) specified in subsection (2) in relation to the college and to the year next following the base year shall be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds $50,000, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in subsection (2) (from 1 January in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased. (6) Where the Commission is satisfied that the amount expended by a non‑government teachers college or by the body administering a non‑government teachers college in providing, in the State in which the college is situated, in the year 1982 or 1983, courses of teacher education at the college in respect of that year exceeded the sum of the amounts of financial assistance paid under this section to the State in respect of that year, the Commission shall direct that an amount equal to the amount of the excess or $50,000, whichever is the less, shall be treated as if it had been expended by the college or by the body administering the college in the provision, in the next following year, of courses of teacher education at the college in respect of that year, and, upon the Commission’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended. (7) Where the amount of the excess referred to in subsection (6) in relation to a non‑government teachers college in respect of a year exceeds $50,000, the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the college is situated, being a request made not later than 30 September next following the expiration of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds $50,000, shall be treated as if it had been expended by the college or the body administering the college in the provision, in the next following year, of courses of teacher education at the college in respect of that year, and, upon the Minister’s giving that direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended. (8) As soon as practicable after the Commission has given a direction under subsection (4) or (6), the Commission shall furnish to the Minister particulars of the direction.
(1) A State may, from time to time, submit for the approval of the Commission proposals for expenditure by a non‑government teachers college on equipment for use by the college. (2) The Commission may approve a proposal submitted to it under subsection (1) in relation to a non‑government teachers college situated in that State as an approved proposal for expenditure by the college in respect of a year to which this section applies on equipment subject to such conditions as the Commission determines, and may revoke or vary any such approval. (3) Subject to subsection (4), in relation to each approved proposal for expenditure by a non‑government teachers college situated in a State for expenditure, in respect of a year to which this section applies, on equipment, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the college or by the body administering the college in connection with the approved proposal, an amount equal to the amount of the proposed expenditure. (4) The sum of the amounts payable to the States under subsection (3) in respect of approved proposals for expenditure by non‑government teachers colleges in respect of a year to which this Act applies shall not exceed:
(a) in the case of the year 1982—$36,000;
(b) in the case of the year 1983—$75,000; or
(c) in the case of the year 1984—$92,000.
(5) Financial assistance is granted to a State under subsection (3) in relation to approved proposals for expenditure by a non‑government teachers college in respect of a year to which this section applies on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to it under this section in relation to those approved proposals;
(b) the State will not make a payment to the approved authority of the college under this section in respect of an approved proposal for expenditure by the college unless the approved authority, before or at the time of accepting the first payment under this section in respect of the proposal, has agreed or agrees with the State to be bound by the following conditions:
(i) the approved authority will ensure that the sum of the amounts expended by the college in connection with those approved proposals for expenditure by the college in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the approved authority under this section in relation to those approved proposals;
(ii) the approved authority will cause to be furnished to the Commission, not later than 30 September next following the end of that year, a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) has been fulfilled; and
(iii) if the approved authority does not fulfil a condition specified in subparagraph (i) or (ii), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to those approved proposals) as the Minister determines should be repaid by the approved authority; and
(c) if an amount that the approved authority of the college is liable to repay to a State under the condition referred to in subparagraph (b)(iii) is repaid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.
(6) In this section, year to which this section applies means the year 1982, the year 1983 or the year 1984.
(1) The Commission may approve a minor building project submitted to it by a State as an approved minor building project of a non‑government teachers college situated in that State in respect of a year to which this section applies, and, if it approves such a project, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project, and an amount as the amount of the approved expenditure on the project in respect of that year. (2) Subject to subsection (3), where the Commission approves a minor building project of a non‑government teachers college under subsection (1), there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the project in respect of a year to which this section applies, an amount equal to the amount of the approved expenditure on the project in respect of that year. (3) The total of the amounts payable to the States under subsection (2) in relation to minor building projects of non‑government teachers colleges in respect of a year to which this section applies shall not exceed:
(a) in the case of the year 1982—$36,000;
(b) in the case of the year 1983—$44,000; or
(c) in the case of the year 1984—$45,000.
(4) The Commission may revoke or vary an approval given by it under subsection (1) and, if it varies the amount of the approved expenditure on a project in respect of a year to which this section applies, then, for the purposes of this Act (including this section), the amount as so varied shall be deemed to have been, as from the date on which the project was approved under subsection (1), the amount of the approved expenditure on the project in respect of that year. (5) Financial assistance is granted to a State under subsection (2) in relation to a minor building project of a non‑government teachers college in respect of a year to which this section applies on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to it in relation to the project;
(b) the State will not make a payment to the approved authority of the college under this section in relation to the project unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:
(i) the approved authority will ensure that the sum of the amounts expended in relation to work carried out before 1 January next following the end of that year in connection with the project is not less than the sum of the amounts of financial assistance paid to the approved authority under this section in relation to the project in respect of that year;
(ii) the approved authority will ensure that information in respect of the project is furnished to the Commission in accordance with any relevant direction under paragraph 4(1)(d);
(iii) the approved authority will ensure that the project will be carried out in accordance with the directions (if any) given by the Commission under subsection 4(5);
(iv) the approved authority will ensure that, if the Commission so requests, there will be furnished to the Commission by the college, as soon as practicable after such date as the Commission specifies, such particulars as are specified by the Commission concerning the progress or expected progress of the work or matter constituting the project;
(v) the approved authority will cause to be furnished to the Commission, not later than 30 September next following the end of that year, a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) has been fulfilled;
(vi) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii), (iii), (iv) or (v), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to the project) as the Minister determines should be repaid by the approved authority; and
(c) if the amount that the approved authority of the college is liable to repay under the condition referred to in subparagraph (b)(vi) is repaid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.
(6) In this section, year to which this section applies means the year 1982, the year 1983 or the year 1984.
(1) Subject to subsection (2), there is payable to a State, for the purpose of financial assistance in relation to the expenditure of a relevant college of advanced education that is situated in that State for college purposes in respect of the year 1982, such amount or amounts as the Minister, after having regard to the advice of the Commission, determines. (2) The total of the amounts payable under subsection (1) in relation to relevant colleges of advanced education in respect of the year 1982 shall not exceed the amount specified in Part V of Schedule 8. (3) Financial assistance is granted to a State under subsection (1) in relation to a relevant college of advanced education in respect of the year 1982 on the same conditions as would, under subsection 15(2), have applied to that grant of financial assistance if the amounts paid under subsection (1) of this section had been paid under subsection 15(1). (4) Where a determination is made under subsection 5(5) relating to the provision of a course of advanced education at a relevant college of advanced education, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course) or, if the course has been introduced at the college, in connection with the provision of the course, that is incurred by the college while the determination is in force, shall not be treated as expenditure by the college for college purposes in the application of the conditions referred to in subsection (3) to and in relation to financial assistance granted to a State in relation to the college. (5) In determining, for the purposes of the conditions referred to in subsection (3), the amount expended by a relevant college of advanced education for college purposes in respect of the year 1982, where the total expenditure incurred by the college in connection with the provision, in respect of that year, of courses of continuing education provided in accordance with a program of continuing education approved by the responsible authority for the State in which the college is situated exceeds the greater of $50,000 and an amount equal to 1% of the aggregate of the amounts paid to the State in relation to the college under subsection (1), an amount equal to the greater of those amounts shall be treated as the total amount of expenditure so incurred. (6) In this section, relevant college of advanced education means a college of advanced education that was listed in Column 1 of Part 1 of Schedule 8 to the States Grants (Tertiary Education Assistance) Act 1978 immediately before the commencement of this Act but that was not, on 26 November 1981, listed in Column 1 of Part 1 of Schedule 8 to this Act or in Column 2 of Part 1 of Schedule 17 to this Act.
(1) In this Part, unless the contrary intention appears:
approved auditor means, in relation to the furnishing of a statement for the purposes of a condition of a grant of financial assistance to a State under this Part:
(a) the Auditor‑General of that State; or
(b) a person, other than a person who is an officer of, or otherwise employed in, the instrumentality of the State that is responsible, or principally responsible for the administration of technical and further education in that State, who is approved by the Commission as a person competent to furnish such a statement.
technical and further education means 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 or other skilled occupation; or
(b) that otherwise meets the educational needs of persons who are not enrolled in a full‑time course of primary or secondary education at a school;
but does not include education by way of a course of study that is, for the purposes of this Act, a course of advanced education.
year to which this Part applies means the year 1982, the year 1983 or the year 1984.
(1) There is payable to a State under this section, for the purpose of financial assistance to the State in relation to recurrent expenditure in connection with the provision, in respect of a year to which this Part applies, of technical and further education at technical and further education institutions situated in the State, the amount specified in Schedule 11 in relation to that State and to that year. (2) Financial assistance is granted to a State under subsection (1) in respect of a year to which this Part applies on the conditions that:
(a) the State will ensure that the total of the amounts expended by the State and by instrumentalities of the State, by way of recurrent expenditure in connection with the provision, in respect of that year, of technical and further education at technical and further education institutions in the State is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in respect of that year;
(b) the State will ensure that no technical and further education institution situated in the State charges fees in respect of that year or any part of that year;
(c) the State will furnish to the Commission, not later than 30 September next following the end of that year, a certificate by an approved auditor to the effect that the condition specified in paragraph (a) has been fulfilled; and
(d) the State will cause to be furnished to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires in respect of the provision of technical and further education in that State during that year.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the States Grants (Tertiary Education Assistance) Act 1981.
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) In this Act, unless the contrary intention appears:
Academic Salaries Tribunal means the Tribunal established under that name by section 12B of the Remuneration Tribunal Act 1973.
building project means:
(a) the purchase of land, with or without buildings;
(b) the designing, erection, alteration or extension of a building or other facilities;
(c) the development or preparation of land for building or other purposes; or
(d) the installation of water, electricity or other services.
capital expenditure means expenditure on a building project.
college of advanced education means:
(a) an institution that is a college of advanced education for the purposes of the Commonwealth Tertiary Education Commission Act 1977 other than such an institution that is situated in a Territory; or
(b) an institution (other than an institution referred to in paragraph (a)) that is declared by the Minister, after he has obtained the view of the State in which the institution is situated and the advice of the Commission, by instrument under his hand, to be an institution that is to be treated, for the purposes of this Act, as a college of advanced education.
commencing day means the day on which this Act receives the Royal Assent.
Commission means the Commonwealth Tertiary Education Commission referred to in section 6 of the Commonwealth Tertiary Education Commission Act 1977.
course of advanced education means a course of study:
(a) that is accredited or provisionally accredited by the authority for the State in which the relevant institution providing the course is situated that is responsible for the accreditation of advanced education courses; and
(b) that is undertaken for the purpose of obtaining an award of a relevant institution of a kind determined by the Minister in writing, on the recommendation of the Commission, to be an award to which this definition applies.
course of teacher education means a course of instruction that is accredited or provisionally accredited by the responsible authority for the State as a course of teacher education and that is provided by way of professional training for persons intending to become primary school teachers or secondary school teachers.
fees, in relation to a relevant institution, means tuition, examination or other fees payable to the relevant institution by a student enrolled at, or applying for enrolment at, the relevant institution in connection with a course of study or attendance at the relevant institution, and includes fees payable to the relevant institution in respect of the granting of a degree, diploma or other award (including a qualification relating to a trade, technical or other skilled occupation) but does not include:
(a) fees the payment of which is voluntary;
(b) fees payable in respect of an organization of students, or of students and other persons, or in respect of the provision to students of amenities or services that are not of an academic nature;
(c) fees payable in respect of residential accommodation;
(d) in a case where the relevant institution is a university, a college of advanced education or a non‑government teachers college—fees payable in connection with attendance for the purposes of studies that are not required or permitted to be undertaken for the purpose of obtaining a degree, diploma or other award of the relevant institution;
(e) in a case where the relevant institution is a technical and further education institution or an institution situated in the Northern Territory—fees payable in connection with, or in connection with attendance for the purposes of:
(i) studies that are not, or are not preparatory to, studies for the purposes of obtaining a qualification relating to a trade, technical or other skilled occupation; or
(ii) studies that are not required or permitted to be undertaken in relation to a course of advanced education provided by the relevant institution; or
(f) fees of a kind that are incidental to studies that may be undertaken at relevant institutions and that the Minister, by writing signed by him and notified to each State Tertiary Education Minister, declares to be fees of a kind to which this paragraph applies.
minor building project means a building project included in a class of building projects determined by the Minister to be a class of minor building projects.
non‑government teachers college means Avondale College or McAuley College.
prescribed staff, in relation to a university or college of advanced education, means:
(a) the members of the staff (whether employed on a full‑time or part‑time basis) of the university or college:
(i) who are employed by the university or college wholly or principally in teaching or research or in both teaching and research; or
(ii) to whom persons referred to in subparagraph (i) are responsible in relation to the teaching or research in which they are employed;
but does not include members of the staff employed wholly or principally in support of other members of the staff who are employed in teaching or research; and
(b) those senior officers of the university or college in respect of whom the Academic Salaries Tribunal has recommended rates of salaries in a report or reports of a kind referred to in paragraph 12D(2)(c) of the Remuneration Tribunals Act 1973.
qualified auditor means, in relation to the furnishing of a statement for the purposes of a condition of a grant of financial assistance to a State under this Act, in relation to a university, a college of advanced education or a student residence or affiliated college of a university or college of advanced education:
(a) the Auditor‑General of the State;
(b) a person who is registered as a company auditor or public accountant under the law of a State or Territory;
(c) a member of the Institute of Chartered Accountants or of the Australian Society of Accountants; or
(d) a person approved by the Commission as a person competent to furnish such a statement;
other than such a person who is employed by the university, by the college or by the body administering the college, student residence or affiliated college, as the case may be.
recurrent expenditure means expenditure that is not capital expenditure.
relevant institution means:
(a) a university, a college of advanced education, a technical and further education institution, or a non‑government teachers college, that is situated in a State; or
(b) an institution at which courses of advanced education are provided, or at which technical and further education is provided, that is situated in the Northern Territory.
State Tertiary Education Minister means:
(a) in relation to a State—the Minister of the Crown for the State who is responsible, or principally responsible, for the administration of matters relating to tertiary education in that State; and
(b) in relation to the Northern Territory—the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to tertiary education in the Northern Territory.
technical and further education institution means:
(a) an institution (other than a university or school), situated in a State, that provides technical and further education, being an institution conducted by, or on behalf of, the Government of a State; or
(b) an institution situated in a State, or a proposed institution to be situated in a State, that is specified in a direction for the time being in force under section 5 of the Commonwealth Tertiary Education Commission Act 1977.
university means an institution that is a university for the purposes of the Commonwealth Tertiary Education Commission Act 1977 other than such an institution that is situated in a Territory.
year to which this Act applies means any one of the years 1982, 1983 and 1984.
(2) Where a building project consists of, or includes, the erection, alteration or extension of a building, that project shall be deemed to include:
(a) unless paragraph (b) applies—the provision of furnishings for the building, or for the altered parts or the extensions of the building, as the case may be; or
(b) in a case where the building project is a building project of a technical and further education institution—the provision of furnishings and equipment for the building, or for the altered parts or the extensions of the building, as the case may be.
(3) Without limiting the generality of subsection (2), where a building project by way of the erection, alteration or extension of a building is undertaken in connection with the establishment of a library at a technical and further education institution, the project shall be deemed to include the provision of books and other library materials required for the establishment of the library. (4) In this Act, unless the contrary intention appears:
(a) a reference to a report of the Academic Salaries Tribunal shall be read as a reference to a report of that Tribunal of a kind referred to in paragraph 12C(b), 12D(2)(c), 12DB(2)(b), 12DB(3)(a) or 12DC(1)(b) of the Remuneration Tribunal Act 1973; and
(b) a reference to a State shall be read as including a reference to the Northern Territory.
(5) For the purposes of this Act, the Darwin Community College shall be deemed to be an institution conducted on behalf of the Government of the Northern Territory. (6) For the purposes of this Act:
(a) a State shall be deemed to have paid moneys to a college of advanced education that is not a body corporate if it has paid those moneys to the body administering that college; and
(b) a college of advanced education that is not a body corporate shall be deemed to have done any act or thing that is required or permitted by this Act to be done if the body administering the college has done that act or thing.
(7) Where the Minister is satisfied that an institution, being a university, college of advanced education or technical and further education institution, that is known by a name other than a name specified in a Schedule is substantially identical with an institution specified in a Schedule, the Minister may, in his discretion and with the approval of the State in which the first‑mentioned institution is situated, by instrument in writing, declare that he is so satisfied, and, upon the making of the declaration, the first‑mentioned institution shall, for the purposes of this Act, be deemed to be the institution so specified in that Schedule. (8) Where, for university purposes within the meaning of Part II or for college purposes within the meaning of Part III, a university or a college of advanced education makes provision, not inconsistent with actuarial principles, in the accounts (including the journals and ledgers) of the university or the college for future or contingent liabilities in respect of superannuation payments or long service leave, the university or college shall be taken, for the purposes of this Act, to have expended the amount of that provision for such university purposes or for such college purposes, as the case requires, in respect of the year in which that provision is made.
(1) For the purposes of this Act, the Minister:
(a) may approve a building project (other than a minor building project) submitted to him by a university as an approved building project of the university in respect of a year to which this Act applies;
(b) may approve a building project (other than a minor building project) submitted to him by a State as an approved building project of a college of advanced education in respect of a year to which this Act applies;
(c) may approve a building project (other than a minor building project) submitted to him by a State as an approved building project of a technical and further education institution in respect of a year to which this Act applies; and
(d) may direct that information included in a specified class of information be furnished to the Commission in respect of building projects included in a specified class of building projects at such times and in such manner as are specified in the direction.
(2) The building projects that may be approved by the Minister under subsection (1) in respect of a year to which this Act applies are building projects additional to the building projects specified in whichever of Schedules 7, 7A and 7B is applicable to that year. (3) Where the Minister approves a building project under subsection (1) in respect of a year to which this Act applies, the Minister shall also approve:
(a) an amount as the maximum Commonwealth contribution towards the project, being so much of the amount estimated by him to be the cost of the project as he determines to be the appropriate Commonwealth contribution towards the project; and
(b) an amount of expenditure, not exceeding the estimated expenditure on the project in respect of that year, as the amount of the approved expenditure on the project in respect of that year.
(4) As soon as practicable after the Minister has approved a building project under subsection (1) in respect of a year to which this Act applies, the Minister shall cause a statement specifying the project, the maximum Commonwealth contribution towards the project and the approved expenditure on the project in respect of that year to be laid before each House of the Parliament. (5) For the purposes of this Act, where information is furnished to the Commission in accordance with a direction under paragraph (1)(d) with respect to a building project of a university, or with respect to a building project of a college of advanced education, a non‑government teachers college or a technical and further education institution, in a State, being a building project specified in Schedule 7, Schedule 7A or Schedule 7B or a minor building project approved by the Commission in respect of a year to which this Act applies, the Commission shall, after consideration of that information, give directions to the university, or to the State, as the case may be, with respect to the manner in which the project is to be carried out. (6) The Minister may vary or revoke an approval or direction given by him under this section and the Commission may vary or revoke a direction given by it under this section.
(1) Where the Commission is satisfied that the provision, in a year to which this Act applies, at a relevant tertiary education institution, being a university, of any of the courses of study included in a class of courses of study would involve a new teaching development, the Commission may recommend to the Minister that he declare that class to be a class of courses of study to which this subsection applies. (2) Where the Commission is satisfied that the provision, in a year to which this Act applies, at a relevant tertiary education institution other than a university, of any courses of advanced education would involve a new teaching development, the Commission may recommend to the Minister that he declare that class to be a class of courses of advanced education to which this subsection applies. (3) The Minister may, on the recommendation of the Commission under subsection (1), by instrument in writing, declare a class of courses of study to be a class of courses of study to which subsection (1) applies. (4) The Minister may, on the
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