States Grants (Tertiary Education Assistance) Act 1981
37Grants for approved courses provided by non‑government business colleges
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37 Grants for approved courses provided by non‑government business colleges
(1) The Minister shall, after 31 December in each year to which this Act applies, authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non‑government business college in providing in that State, in that year, a course that is an approved course of that college in respect of that year, of such amount as the Minister determines. (2) The Minister shall not authorize the payment to a State under subsection (1), in relation to the provision in that State by a non‑government business college, in a year to which this Act applies, of an approved course of that college in respect of that year, of an amount that exceeds the sum of the amounts (if any) respectively ascertained in respect of each of the months of that year by multiplying the amount specified in Column 2, 3 or 4 (whichever is appropriate) of Schedule 16 as the maximum capitation amount in respect of each month of that year by the total number of students receiving instruction in that course in that State on the business college census date for that month. (3) In calculating the number of students receiving instruction in an approved course of a non‑government business college in respect of a year to which this Act applies on a business college census date in that year, a student receiving instruction in such a course on that date who was receiving instruction in such a course on each of 10 or more previous business college census dates (whether in that year or in that year and in a previous year or previous years and whether or not he was, on that first‑mentioned date and those previous dates, receiving instruction in the same approved course of secretarial studies) shall be disregarded. (4) Financial assistance is granted to a State under this section in respect of the recurrent expenditure of a non‑government business college in the provision, in that State, in a year to which this Act applies of an approved course of that college 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 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 will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure incurred, in respect of that year, by the college in the provision in that year of approved courses of that college;