States Grants (Universities Assistance) Act 1976

STATES GRANTS (UNIVERSITIES ASSISTANCE) ACT 1976

No. 129 of 1976

An Act to make Provision for the Grant of Financial Assistance to the States in connexion with Universities.

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

Short title.

1. This Act may be cited as the States Grants (Universities Assistance) Act 1976.

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—

“building project” means—

(a) the purchase of land, with or without buildings;

(b) the planning, 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;

“minor building project” means a building project of a kind referred to in paragraph (a) or (b) of the definition of “building project” other than a building project the estimated cost of which exceeds $110,000 or such higher amount as is from time to time determined by the Commission;

“University” means a University specified in Schedule 1;

“university purposes”, in relation to a University, means—

(a) the general teaching and research purposes of that University in connexion with courses of study at that University (including the conduct of external tuition for courses of study at that University and preparatory work in connexion with proposed courses of study) but not including a building project of that University; and

(b) building projects of that University in relation to each of which the total expenditure does not exceed $27,000.

(2) In this Act—

(a) a reference to the Commission is a reference to the Universities Commission referred to in the Universities Commission Act 1959; and

(b) a reference to a teaching hospital of a University includes a reference to a hospital in which students enrolled in the Faculty of Medicine, or School of Medicine, of that University receive clinical instruction.

(3) For the purposes of this Act—

(a) the Gordon Institute of Technology and in the State College of Victoria at Geelong shall, during the period commencing on 1 January 1977 and ending on 31 March 1977, be deemed to be incorporated in and form part of the Deakin University; and

(b) the courses of study provided in that period by that Institute and by that College, respectively, shall be deemed to be courses of study provided by the Deakin University.

(4) Where a building project of a University consists of, or includes, the erection, alteration or extension of a building, that project shall be deemed to include the provision of furnishings, as approved by the Commission for the purposes of this Act, for that building or for the altered parts or the extensions of that building, as the case may be.

Approval of projects.

4. (1) A University may, from time to time, submit for the approval of the Commission—

(a) a minor building project of the University;

(b) a building project of the University of a kind referred to in paragraph (c) or (d) of the definition of “building project” in sub-section 3(1); or

(c) a project for planning the erection, alteration or extension of a building or other facility by the University.

(2) The Commission may approve a project submitted to it by a University under sub-section (1) as an approved project of the University.

(3) Where the Commission approves a project under sub-section (2), the Commission shall also approve an amount of expenditure in respect of the project, being an amount not exceeding the cost or the estimated cost of the project.

(4) The Commission may revoke or vary an approval given under this section.

Grants for recurrent expenditure.

5. (1) In relation to each University specified in Column 1 of Schedule 1, there is payable to the State in which the University is situated, in respect of the year 1977, for the purpose of financial assistance in relation to the expenditure of the University for university purposes, the amount specified in Column 2 of that Schedule in relation to the University.

(2) The financial assistance to a State by way of payment of an amount under sub-section (1) in relation to a University is granted on the conditions that—

(a) the State will, without undue delay, pay that amount to the University;

(b) the State will ensure that the amount so paid to the University is applied by the University, without undue delay, for expenditure for university purposes; and

(c) the State will ensure that no University situated in the State charges fees in respect of the year 1977, or any part of that year.

(3) The financial assistance to a State by way of payments under sub-section (1), in relation to a University specified in Column 1 of Schedule 2, is granted on the further condition that the State will ensure that the University will apply, for university purposes included in the purpose specified in Column 2 of that Schedule in relation to the University, not less than the amount specified in Column 3 of that Schedule in relation to those purposes.

(4) In this section, “fees” means tuition, examination, matriculation and other fees payable to a University by a student enrolled at, or applying for enrolment at, the University in connexion with his course of study or attendance at the University, and includes fees payable to the University in respect of the conferring of a degree or diploma, 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 in respect of residential accommodation; or

(d) fees payable in connexion with, or in connexion with attendance for the purposes of, studies that are not included in the studies that are required or permitted to be undertaken for the purpose of obtaining a degree or diploma of the University.

Special research grants.

6. (1) In relation to each University specified in Column 1 of Schedule 3, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to research expenses of the University to be incurred in respect of the year 1977, the amount specified in Column 2 of that Schedule in relation to the University.

(2) The financial assistance to a State by way of payment of an amount under sub-section (1) is granted on the conditions that—

(a) the State will, without undue delay, pay that amount to the University; and

(b) the State will ensure that the amount so paid to the University is applied by the University, without undue delay, towards research expenses incurred in respect of the year 1977.

Grants for equipment

7. (1) A University specified in Column 1 of Schedule 4 may, from time to time, submit for the approval of the Commission proposals for expenditure on equipment for use by the University.

(2) The Commission may approve a proposal submitted to it by a University under sub-section (1) as an approved proposal of the University subject to such conditions as the Commission determines, and may revoke or vary any such approval.

(3) In relation to each University specified in Column 1 of Schedule 4, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the University in connexion with the approved proposal, or the approved proposals, of the University, the amount specified in Column 2 of that Schedule in relation to the University.

(4) The financial assistance to a State by way of payment of an amount under this section in relation to a University is granted on the conditions that—

(a) the State will without undue delay, pay that amount to the University; and

(b) the State will ensure that the amount so paid to the University is applied by the University, without undue delay, for the purpose of expenditure incurred by the University in connexion with an approved proposal of the University, being expenditure in accordance with the approval given under sub-section (1) in respect of the proposal.

(5) The financial assistance to a State by way of payments under this section, in relation to a University specified in Column 1 of Schedule 5, is granted on the further condition that the State will ensure that the University will apply, for the purposes of expenditure in connexion with an approved proposal, or approved proposals, for expenditure on equipment specified in Column 2 of that Schedule in relation to the University, not less than the amount specified in Column 3 of that Schedule in relation to that equipment.

Recurrent grants in respect of halls of residence and residential colleges.

8. (1) There is payable to each State, in respect of the year 1977, for the purposes of financial assistance in relation to halls of residence and residential colleges of Universities situated in that State, amounts determined in accordance with the provisions of Schedule 6.

(2) The financial assistance to a State by way of payment of an amount under this section in relation to a hall of residence or residential college of a University is granted on the conditions that—

(a) the State will, without undue delay, pay that amount to the University or to the body administering the hall of residence or the residential college; and

(b) the State will ensure that the amount so paid by the State is used, without undue delay, for the provision of tutorial assistance to students of, or for meeting administrative costs of, the hall of residence or residential college.

(3) For the purposes of Schedule 6, the number of students at a hall of residence, or residential college, included in a class of students referred to in that Schedule for a year is the number that is the average of the maximum numbers of students of that class during the several terms of that year.

(4) This section does not apply in relation to a hall of residence or residential college that does not provide collegiate accommodation.

(5) In this section and in Schedule 6—

“college of advanced education” has the same meaning as in the States Grants (Advanced Education Assistance) Act 1976;

“collegiate accommodation” means residential accommodation (including related facilities) for students of a University, being accommodation which, having regard to the facilities and services provided for the students, is, in the opinion of the Commission, of a collegiate nature;

“full-time student” means a student who is pursuing, at a University or at a college of advanced education, a course of study, either at undergraduate or post-graduate level, or research at postgraduate level, which the Commission is satisfied is such as reasonably to require the attention of the student on a full-time basis;

“hall of residence”, in relation to a University, means a hall, college or other establishment at which students of the University reside, being an establishment—

(a) administered by the University, or by a body corporate established by the University; and

(b) approved by the Minister, for the purposes of this Act, as a hall of residence;

“non-resident student”, in relation to a hall of residence or residential college, means a student of a University, not occupying collegiate accommodation at that, or any other, hall of residence or residential college, who is enrolled as a non-resident student of that hall or college and is receiving at that hall or college tutorial assistance other than tutorial assistance that is provided by the relevant University to all students of that University pursuing a particular course of study;

“resident full-time post-graduate student”, in relation to a hall of residence or residential college, means a full-time student who is a resident of the hall of residence or residential college occupying collegiate accommodation and is engaged, at a University or at a college of advanced education, in study or research at postgraduate level;

“resident full-time undergraduate student”, in relation to a hall of residence or residential college, means a full-time student, not being a resident full-time post-graduate student, who is a resident of the hall of residence or residential college occupying collegiate accommodation;

“residential college”, in relation to a University, means a residential college (not being a hall of residence) affiliated with the University and approved by the Minister, for the purposes of this Act, as a residential college.

Recurrent grants in respect of teaching hospitals.

9. (1) In relation to each University specified in Column 1 of Schedule 7, there is payable to the State in which the University is situated, for the purpose of financial assistance in respect of contributions by the University towards the appropriate costs of the teaching hospital or teaching hospitals of the University, the amount specified in Column 2 of that Schedule in relation to the University.

(2) The financial assistance to a State by way of payment of an amount under sub-section (1) in relation to the teaching hospitals of a University is granted on the conditions that—

(a) the State will, without undue delay, pay that amount to the University; and

(b) the State will ensure that the amount so paid to the University is applied by the University, without undue delay, in making contributions towards the appropriate costs of the teaching hospital or teaching hospitals of the University.

(3) In this section, “appropriate costs”, in relation to a teaching hospital of a University, are—

(a) the expenditure (other than expenditure on building projects or expenditure on the purchase of equipment) incurred by the hospital in relation to parts of the hospital used exclusively by students enrolled in the Faculty of Medicine, or School of Medicine, of that University and of any other University in relation to which that hospital is a teaching hospital and by their teachers and to facilities and equipment so used in connexion with those parts of the hospital; and

(b) the expenditure, up to an amount of $3,300, incurred in the purchase of books and periodicals for the medical library of the hospital.

Grants for expenditure on building projects.

10. (1) Subject to sub-sections (2) and (3), where the Commission approves a project submitted to it by a University under section 4 as an approved project of the University, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to the project, an amount equal to the amount of expenditure approved by the Commission under sub-section 4 (3) in respect of the project.

(2) The total of the amounts payable to a State under sub-section (1) in respect of approved projects, being projects of a kind referred to in paragraph 4(1)(a) or (b), of a University shall not exceed the amount specified in Column 2 of Schedule 8 in relation to the University.

(3) The total of the amounts payable to the States under sub-section (1) in respect of approved projects, being projects of a kind referred to in paragraph 4(1)(c), of all Universities shall not exceed $537,000.

(4) The financial assistance to a State by way of payment of an amount under this section in relation to a project of a University is granted on the conditions that—

(a) the State will, without undue delay, pay that amount to the University; and

(b) the State will ensure that the amount so paid to the University is applied by the University, without undue delay, towards the carrying out of that project.

Additional conditions.

11. (1) In addition to the conditions specified in any other provision of this Act, an amount of financial assistance to a State under this Act is granted on the conditions that—

(a) if the Minister informs the State that he is satisfied that the State has failed to fulfil the conditions applicable to that amount, the State will repay that amount, or such part of that amount as the Minister specifies, to the Commonwealth; and

(b) if that amount exceeds the amount properly payable, the State will repay the excess to the Commonwealth.

(2) An amount of financial assistance to a State under this Act in relation to a project referred to in sub-section 10(1) is granted on the conditions that—

(a) particulars of matters in relation to the carrying out of the project will be submitted for the approval of the Commission in accordance with procedures determined by the Minister; and

(b) the project will be carried out, as regards matters to which those procedures relate, in accordance with approvals given by the Commission.

Minister may fix amounts, and times of payment, of financial assistance.

12. Financial assistance payable to a State under this Act shall be paid in such amounts, and at such times, as the Minister determines in accordance with arrangements approved by the Treasurer.

Progress reports.

13. The Commission shall furnish to the Minister, at such times as the Minister directs, such reports as the Minister requires on the progress made, and the progress proposed to be made, in the carrying out of the projects referred to in sub-section 4(1) that are approved under sub-section 4(2) or on any other matter relevant to the operation of this Act.

Delegation by the Commission.

14. (1) The Commission may, by resolution, either generally or as otherwise provided by the instrument of delegation, delegate to a full-time member of the Commission any of its powers or functions under this Act, other than this power of delegation.

(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Commission.

(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Commission.

Advances.

15. The Minister and the Treasurer may make arrangements for the making by the Treasurer to a State, by way of financial assistance to the State, of advances on account of an amount that is expected to become payable under section 8 to the State, and the conditions that would be applicable to a payment of the amount under that section are applicable to any such advance.

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

16. Payments (including an advance under section 15) to a State under this Act may be made—

(a) in the case of payments in accordance with section 7 or 10—out of the Consolidated Revenue Fund or the Loan Fund; or

(b) in any other case—out of the Consolidated Revenue Fund.

Authority to borrow.

17. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding, in the aggregate, the sum of the amounts payable to the States in accordance with sections 7 and 10.

Application of moneys borrowed.

18. Moneys borrowed under section 17 shall be issued and applied only for the expenses of borrowing, for the purpose of making payments to the States in accordance with section 7 or 10 and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 19.

Re-imbursement of Consolidated Revenue Fund from Loan Fund.

19. (1) Where an amount has been paid out of the Consolidated Revenue Fund under section 7 or 10, the Treasurer may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(2) In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Treasurer under section 49 or 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

Appropriation.

20. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

View image in the official sourceSCHEDULE 1 Section 5(1)

GRANTS FOR RECURRENT EXPENDITURE

SCHEDULE 1—continued

View image in the official sourceSCHEDULE 2 Section 5 (3)

SPECIAL PURPOSES IN RELATION TO GRANTS FOR RECURRENT EXPENDITURE

View image in the official source

SCHEDULE 3 Section 6

SPECIAL RESEARCH GRANTS

View image in the official sourceSCHEDULE 4 Section 7 (1)

GRANTS FOR EQUIPMENT

SCHEDULE 4—continued

View image in the official sourceSCHEDULE 5 Section 7 (6)

SPECIFIED EQUIPMENT IN RELATION TO GRANTS FOR EQUIPMENT

View image in the official sourceSCHEDULE 6 Section 8

METHOD OF ASCERTAINING GRANT FOR 1977 IN RESPECT OF A HALL OF RESIDENCE OR A RESIDENTIAL COLLEGE

1. In relation to each hall of residence of a University, there is payable under sub-section 8(1) to the State in which the University is situated, in respect of the year 1977—

(a) an amount equal to the sum of $8,231 and the amount ascertained by multiplying $128 by the prescribed number of students in relation to that hall of residence; or

(b) an amount ascertained by multiplying $291 by the prescribed number of students in relation to that hall of residence,

whichever is the lesser amount.

2. In relation to each residential college of a University, there is payable under sub-section 8(1) to the State in which the University is situated an amount ascertained by multiplying thebasic grant in respect of that college by the prescribed number of students in relation to that college.

3. For the purposes of paragraph 2, the basic grant in respect of a residential college is—

(a) if the prescribed number of students in relation to that college is less than 50—$291;

SCHEDULE 6—continued

(b) if the prescribed number of students in relation to that college is more than 49 but less than 75—$291 reduced by $2.20 for each student by which the prescribed number of students exceeds 50;

(c) if the prescribed number of students in relation to that college is more than 74 but less than 100—$236 reduced by $1.10 for each student by which the prescribed number of students exceeds 75; and

(d) if the prescribed number of students in relation to that college is more than 99—$209 reduced by $0.18 for each student by which the prescribed number of students exceeds 100.

4. For the purposes of paragraphs 1 and 2, the prescribed number of students in relation to a hall of residence or residential college shall be ascertained, subject to paragraph 5, by adding—

(a) the number of resident full-time undergraduate students at that hall of residence or residential college;

(b) one-half of the number of resident full-time post-graduate students at that hall of residence or residential college; and

(c) one-tenth of the number of non-resident students receiving tutorial assistance at that hall of residence or residential college.

5. Where, but for this sub-section, the prescribed number of students in relation to a hall of residence or residential college ascertained in accordance with paragraph 4 would include a fraction, the prescribed number of students is—

(a) if the fraction is not less than one-half—one more than the number so ascertained, disregarding the fraction; or

(b) in any other case—the number so ascertained, disregarding the fraction.

6. Where a hall of residence or residential college or a part of such a hall or college was not in use during the whole of the academic year comprised in the year 1977, the Commission may determine that an amount payable under sub-section 8(1) in respect of that year in relation to that hall or college shall be such part only of the amount that would otherwise be payable as the Commission thinks appropriate.

View image in the official sourceSCHEDULE 7 Section 9

GRANTS FOR RECURRENT EXPENDITURE OF TEACHING HOSPITALS OF UNIVERSITIES

SCHEDULE 7—continued

View image in the official sourceSCHEDULE 8 Section 10 (2)

GRANTS FOR MINOR BUILDING WORKS AND FOR SITE WORKS AND SERVICES