Section 22 - States Grants (Tertiary Education Assistance) Act 1981 - Grants to Northern Territory for recurrent expenditure in respect of courses of advanced education etc. | Zoe
22 Grants to Northern Territory for recurrent expenditure in respect of courses of advanced education etc.
(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.