(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.