17 Carry‑forward of amounts specified under Schedule 8
(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.