41ABenefits of, and opportunities created by, grants to be equally available to male students and female students

41A Benefits of, and opportunities created by, grants to be equally available to male students and female students

(1) A payment under this Act to a State for the purposes of financial assistance is granted on the condition that the State will ensure that the benefits of, and the opportunities created by, the payment will, as far as practicable, be equally available to male students and female students. (2) Subsection (1) does not apply in relation to payments in respect of student residences or affiliated colleges. (3) Subsection (1) does not apply in relation to a payment made for the purpose of providing a course of instruction at a non‑government business college all the students at which are of the same sex. (4) Where:

(a) the benefits of, or the opportunities created by, a particular project or program or particular expenditure would not, but for this subsection, be equally available to male students and female students; and

(b) an object of the project, program or expenditure is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure that persons of that sex have equal opportunities with persons of the other sex in connection with education or training;

the benefits of, or the opportunities created by, the project, program or expenditure shall not be taken, for the purposes of this Act, not to be equally available to male students and female students.