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Division 2—Special grants for non-government business colleges

24. Approvals by Minister in respect of 1988

25. Grants for approved courses provided by non-government business colleges

PART IV—EQUIPMENT AND BUILDING GRANTS

Division 1—Higher Education

26. Equipment grants for relevant higher education institutions

27. Approval of, and directions relating to, additional building projects

28. Major building projects

29. Minor building projects

30. Conditions attaching to building grants

Division 2—Technical and Further Education

31. Grants for building or equipment expenditure in connection with the provision of technical and further education

PART V—VARIATIONS

32. Variations of amounts relating to recurrent expenditure for universities and advanced education

33. Variations of amounts relating to special research grants

34. Variation of amounts relating to building expenditure and certain equipment expenditure

35. Variations of amounts relating to equipment grants for relevant higher education institutions

36. Variations affecting State entitlements to grants

37. Application of Part XII of Acts Interpretation Act 1901 to certain instruments

PART VI—MISCELLANEOUS

38. Benefits of, and opportunities created by, grants to be equally available to male students and female students

39. Additional conditions etc.

40. Time and manner of payments

41. Delegation

42. Advances

43. Payments may be made out of the Consolidated Revenue Fund or the Loan Fund

44. Authority to borrow

TABLE OF PROVISIONS-continued

Section

45. Application of moneys borrowed

46. Reimbursement of Consolidated Revenue Fund from Loan Fund

47. Appropriation

48. Report by the Minister

SCHEDULE 1

GRANTS AVAILABLE FOR EXPENDITURE BY UNIVERSITIES ON UNIVERSITY PURPOSES

SCHEDULE 2

GRANTS AVAILABLE FOR EXPENDITURE BY COLLEGES OF ADVANCED EDUCATION ON COLLEGE PURPOSES

SCHEDULE 3

SPECIAL RESEARCH GRANTS FOR UNIVERSITIES

SCHEDULE 4

GRANTS FOR RECURRENT EXPENDITURE OF TEACHING HOSPITALS OF UNIVERSITIES

SCHEDULE 5

GRANTS AVAILABLE FOR RECURRENT EXPENDITURE BY INSTITUTES OF TERTIARY EDUCATION

SCHEDULE 6

GRANTS FOR EXPENDITURE BY STATES ON PROVISION OF COURSES OF ADVANCED EDUCATION IN TECHNICAL AND FURTHER EDUCATION INSTITUTIONS

SCHEDULE 7

GRANTS AVAILABLE FOR EXPENDITURE BY NON-GOVERNMENT TEACHERS COLLEGES

SCHEDULE 8

GRANTS FOR EQUIPMENT FOR HIGHER EDUCATION INSTITUTIONS

SCHEDULE 9

GRANTS FOR SPECIFIED BUILDING PROJECTS OF HIGHER EDUCATION INSTITUTIONS

SCHEDULE 10

GRANTS FOR MINOR BUILDING PROJECTS OF HIGHER EDUCATION INSTITUTIONS

SCHEDULE 11

MAXIMUM MONTHLY CAPITATION AMOUNT OF COMMONWEALTH ASSISTANCE TO NON-GOVERNMENT BUSINESS COLLEGES

States Grants (Tertiary Education Assistance) Act 1987

No. 123 of 1987

An Act relating to the grant of financial assistance to the States and the Northern Territory with respect to tertiary education

[Assented to 16 December 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the States Grants (Tertiary Education Assistance) Act 1987.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. (1) In this Act, unless the contrary intention appears:

“Aboriginal” means a member of the Aboriginal race of Australia, and includes a descendant of the indigenous inhabitants of the Torres Strait Islands;

“Academic Salaries Tribunal” means the Tribunal established under that name by section 12b of the Remuneration Tribunals Act 1973;

“approved authority” means, in relation to a non-government teachers college or a non-government business college, a person or body declared by the Minister to be an approved authority of that college for the purposes of this Act;

“approved form” means a form approved by the Minister;

“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;

“business college” means a college or similar institution, whether incorporated or unincorporated, providing courses of instruction in secretarial studies, but does not include a particular college or institution that provides such courses if the Minister:

(a) is notified by the State Tertiary Education Minister for a State that the college or institution is not recognised by the State Tertiary Education Minister as a business college; and

(b) does not approve the college or institution as a business college for the purposes of this Act;

“business college census date”, in relation to a month of the year 1988, means the date in that month declared by the Minister, by notice published in the Gazette, to be the business college census date for that month;

“capital expenditure” means expenditure on a building project;

“charge” means higher education administration charge;

“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 in a Territory; or

(b) any other institution in a State that is declared by the Minister, after obtaining the view of the State, to be treated, for the purposes of this Act, as a college of advanced education;

“college purposes”, in relation to a college of advanced education, means:

(a) the general teaching purposes of the college in connection with courses of advanced education provided at the college, including preparatory work in connection with proposed courses of advanced education to be provided at the college;

(b) the provision by the college of courses of continuing education in accordance with a program of continuing education of the college that is approved by the responsible authority for the State in which the college is situated; and

(c) building projects of the college, not involving the purchase of land, in relation to each of which the total expenditure does not exceed $100,000 or an amount equal to 0.25% of the amount specified in Schedule 2 in relation to the college, whichever is the lesser amount;

“course of advanced education”, in relation to a relevant institution, means a course of study:

(a) that is accredited or provisionally accredited by the authority for the State concerned that is responsible for the accreditation of advanced education courses; and

(b) that is undertaken for the purpose of obtaining an award of the relevant institution, or of another relevant institution, of a kind determined by the Minister, to be an award to which this definition applies;

and includes a course of instruction provided by the relevant institution to persons for the purpose of enabling those persons to undertake, at the relevant institution or another relevant institution, a course of study of a kind to which paragraph (a) or (b) applies;

“course of instruction in secretarial studies” means a course of instruction in:

(a) shorthand;

(b) typing; or

(c) shorthand and typing;

together with other subjects suitable for preparing persons to perform secretarial duties;

“course of study”, in relation to a university, includes a course of instruction provided by the university to persons for the purpose of enabling those persons to undertake a course of study provided by the university or another relevant institution;

“course of teacher education” means a course of instruction that is accredited or provisionally accredited by the responsible authority for the State concerned 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;

“de facto spouse” means a person who is living with another person of the opposite sex as the spouse of that other person on a bona fide domestic basis although not legally married to that other person;

“enrolment” includes re-enrolment;

“fees”, in relation to a relevant institution, means tuition, examination or other fees payable to the institution by a student enrolled at, or applying for enrolment at, the institution in connection with a course of study or attendance at the institution, and includes fees payable to the 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 organisation 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) fees imposed in accordance with guidelines determined by the Minister, by notice published in the Gazette, for the imposition of fees in respect of overseas students;

(e) where the relevant institution is a university, college of advanced education or non-government teachers college—fees payable in connection with attendance for the purposes of studies (not being a course of instruction provided by a university or college of advanced education to persons for the purpose of enabling those persons to undertake a course of study provided by the university or a course of advanced education provided by the college) that are not required or permitted to be undertaken for the purpose of obtaining a degree, diploma or other award of the relevant institution;

(f) where the relevant institution is an institute of tertiary education, a technical and further education institution or a Northern Territory tertiary education institution—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

(g) fees of a kind that are incidental to studies that may be undertaken at relevant institutions and that the Minister, by writing signed by the Minister and notified to each State Tertiary Education Minister, declares to be fees of a kind to which this paragraph applies;

“institute of tertiary education” means an institution in a State, or a proposed institution to be in a State, that is specified in a direction for the time being in force under section 5a of the Commonwealth Tertiary Education Commission Act 1977;

“minor building project” means a building project determined by the Minister to be a minor building project;

“non-government business college” means a business college in a State that is not established by the Government of the State or conducted by or on behalf of that Government, but does not include a business college conducted for the profit, direct or indirect, of an individual or individuals;

“non-government teachers college” means Avondale College or McAuley College;

“Northern Territory tertiary education institution” means Batchelor College;

“prescribed staff”, in relation to a body, means:

(a) the members of the staff (whether employed on a full-time or part-time basis) of the body:

(i) who are employed by the body 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 body 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;

“previous Assistance Act” means the States Grants (Tertiary Education Assistance) Act 1984;

“qualified accountant” means:

(a) a person registered as a company auditor or a public accountant under a law in force in a State or Territory;

(b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or

(c) a person approved by the Minister as a qualified accountant for the purposes of this Act;

“qualified auditor” means:

(a) the Auditor-General of the State; or

(b) a qualified accountant;

“recurrent expenditure” means expenditure that is not capital expenditure;

“relevant date”, in relation to an institution, means a date specified by the Minister for the purposes of that institution by notice published in the Gazette before 31 December 1987;

“relevant enrolment” means the enrolment of a person at a relevant institution to undertake a course or a part of a course, being a course the completion of which leads to the granting of a degree, diploma or other award of the institution (whether or not that course or that part of that course is undertaken for the purpose of obtaining such an award), but does not include:

(a) the enrolment of a person in a course of technical and further education;

(b) the enrolment of a person who is an overseas student within the meaning of the Overseas Students Charge Act 1979 to undertake such a course or part of such a course where the institution imposes a fee of the kind referred to in paragraph (d) of the definition of “fees” in relation to that course or that part of that course;

(c) the enrolment of:

(i) a person who at any time in the year 1988 has been in receipt of a pension, benefit or allowance from the Commonwealth, being a person specified by the Minister for the purposes of this subparagraph by notice published in the Gazette; or

(ii) a person who at an

This is an opening excerpt, not the complete document.