States Grants (Advanced Education) Act 1976 (Cth)
This compilation was prepared on 14 July 2008
taking into account amendments up to Act No. 73 of 2008
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
States Grants (Advanced Education) Act 1976 .
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) In this Act, unless the contrary intention appears:
affiliated college , in relation to a college of advanced education, means a residential college (not being a student residence) affiliated with the college of advanced education and approved by the Commission, for the purposes of this Act, as an affiliated college.
approved project means a work or other matter in respect of a college of advanced education, being a work or other matter:
(a) specified in column 2 of Part I of Schedule 2 in relation to the name of that college in column 1 of that Part of that Schedule; or
(b) approved by the Minister under subsection 4(1);
to the extent to which particulars of that work or other matter have been approved under section 4 or 5, whichever is applicable.
capital expenditure means:
(a) expenditure on the purchase of land, with or without buildings, the planning, erection, alteration or extension of a building, the development or preparation of land for building or other purposes or the installation of water, electricity or other services; and
(b) expenditure exceeding $2,000 for the purchase of, or otherwise connected with, a single item of equipment.
college of advanced education means a place of education or body specified in column 1 of Part I of Schedule 1.
college purposes , in relation to a college of advanced education, means the general teaching purposes of that college in connexion with courses of study at that college approved by the Commission under section 5, including external tuition for those courses of study and planning and other preparatory work in connexion with proposed courses of study approved by the Commission under that section.
collegiate accommodation means residential accommodation (including related facilities) for students of a college of advanced education, being accommodation that, having regard to the facilities and services provided for the students, is, in the opinion of the Commission, of a collegiate nature.
commencing day means the day on which this Act receives the Royal Assent.
Commission means the Commission on Advanced Education referred to in the Commission onAdvanced Education Act 1971‑1973 .
fees means tuition, examination and other fees payable by a student enrolled at, or applying for enrolment at, a college of advanced education in connexion with a course of study at the college approved by the Commission under section 5, and includes fees payable by a student to a college of advanced education in respect of the conferring of a degree, diploma, certificate or other award in respect of such a course of study, but does not include:
(a) fees the payment of which is voluntary;
(b) fees payable to an organization of students; and
(c) fees in respect of residential accommodation.
non‑collegiate accommodation means residential accommodation (including related facilities) for students of a college of advanced education, other than collegiate accommodation.
place of education includes a place of education that is proposed to be established.
qualified accountant , in relation to the furnishing of a statement referred to in paragraph 7(2)(a) or (3)(a), subsection 10(2) or paragraph 13(2)(a) or 15(c), means:
(a) a person who is registered as a company auditor or 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 Commission as a person competent to furnish such a statement.
recurrent expenditure means expenditure that is not capital expenditure.
relevant period means the period that commenced on 20 November 1975 and ended on the day immediately preceding the commencing day.
student residence , in relation to a college of advanced education, means a hall, college or other establishment at which any students of the college reside, being an establishment:
(a) administered by:
(i) the college or the body administering the college; or
(ii) a body established by the college or by the body administering the college; and
(b) approved by the Commission, for the purposes of this Act, as a student residence.
(2) Where the Minister is satisfied that a place of education or a body that is known by a name other than a name specified in this Act is:
(a) substantially identical with a college of advanced education, being a place of education or body specified in column 1 of Schedule 1; or
(b) in relation to courses of study, works or other matters approved under section 4 or 5 or works or other matters specified in column 2 of Part I of Schedule 2, the successor of such a college of advanced education;
the Minister may, in his or her discretion and with the approval of the State in which the first‑mentioned place of education or body is situated, by instrument in writing, declare that he or she is so satisfied, and, upon the making of such a declaration, that place of education or body shall, for the purpose of this Act, be deemed to be the college of advanced education referred to in the declaration.
(1) For the purpose of this Act, the Minister may approve, in respect of a college of advanced education, a work or other matter, additional to the works or matters (if any) specified in column 2 of Part I of Schedule 2 in relation to that college, and the estimated cost of the work or matter so approved, and may revoke or vary any such approval.
(2) As soon as practicable after the Minister has approved a work or matter in pursuance of subsection (1), he or she shall cause a statement specifying the work or matter and the approved estimated cost of the work or matter to be laid before each House of the Parliament.
(1) For the purposes of this Act, the Commission may:
(a) approve courses of study and proposed courses of study in respect of a college of advanced education;
(b) approve, in respect of a college of advanced education referred to in column 1 of Part I of Schedule 2, particulars of a work or other matter specified in column 2 of Part I of that Schedule in relation to that college; and
(c) approve particulars of a work or other matter approved by the Minister under subsection 4(1) in respect of a college of advanced education;
and may revoke or vary any such approval.
(2) Where a work or other matter:
(a) specified in column 2 of Part I of Schedule 2; or
(b) approved by the Minister under subsection 4(1);
consists of, or includes, the erection, alteration or extension of a building, that work or matter shall be deemed to include the provision of furnishings and equipment for that building, or for the altered parts or extensions of that building, as the case may be.
(1) Subject to this section and to section 8, in relation to a college of advanced education specified in column 1 of Part I of Schedule 1, there is payable to the State in which the college is situated, in respect of the year 1976, for the purpose of financial assistance in relation to recurrent expenditure of the college for college purposes:
(a) if a determination is in force under subsection (2) specifying an amount to be the amount payable under this section to the State in relation to recurrent expenditure of the college for college purposes in respect of the year 1976—the amount so specified; or
(b) in any other case—the maximum amount available in relation to recurrent expenditure of the college for college purposes.
(2) Where a State requests that the maximum amount available in relation to recurrent expenditure of a college of advanced education for college purposes in respect of the year 1976 be increased or reduced:
(a) the Minister may, in his or her discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less than the maximum amount available in relation to that recurrent expenditure is to be the amount payable to the State in relation to that expenditure; or
(b) if there is no determination by the Minister in force under paragraph (a) in relation to a college of advanced education—the Commission may, in its discretion, determine that an amount specified in the determination, being an amount that is greater or less by not more than $200,000 than the maximum amount available in relation to that recurrent expenditure, is to be the amount payable to the State in relation to that expenditure.
(3) If, after the Commission has made a determination under paragraph (2)(b) in relation to a college of advanced education, the Minister makes a determination under paragraph (2)(a) in relation to the college, the determination made by the Commission ceases to have effect.
(4) Where the Minister is satisfied that an amount of recurrent expenditure expended after the expiration of the year 1976 related to college purposes of a college of advanced education in respect of that year, he or she may, in his or her discretion and with the approval of the State, direct that, for the purposes of this section, that amount shall be treated as having been expended during that year.
(5) Where the Commission is satisfied that an amount of recurrent expenditure, not exceeding $200,000, expended after the expiration of the year 1976 related to college purposes of a college of advanced education in respect of that year, the Commission may, in its discretion and with the approval of the State, direct that, for the purposes of this section, that amount shall be treated as having been expended during that year.
(6) The sum of the amounts payable under this section to a State in relation to colleges of advanced education shall not exceed the sum of the maximum amounts available in relation to the recurrent expenditures of those colleges for college purposes in respect of the year 1976 and the amount specified in Part II of Schedule 1 in relation to the State.
(7) The financial assistance to a State under this section in relation to a college of advanced education is granted on the conditions that:
(a) the State will, in respect of each payment of that financial assistance and without undue delay, ensure that the amount of the payment is applied in expenditure by way of recurrent expenditure of that college for college purposes in respect of the year 1976; and
(b) the State will ensure that no college of advanced education situated in the State charges fees in respect of the year 1976 or any part of that year.
(8) As soon as practicable after the Commission has made a determination under subsection (2), the Commission shall furnish to the Minister particulars of the determination.
(9) As soon as practicable after the Minister has made a determination under subsection (2) or has been furnished under subsection (8) with particulars of a determination made by the Commission under subsection (2), the Minister shall cause a statement setting out particulars of the determination to be laid before each House of the Parliament.
(10) For the purposes of this section, the maximum amount available in relation to recurrent expenditure of a college of advanced education for college purposes in respect of the year 1976 is an amount equal to the sum of:
(a) the amount specified in column 2 of Part I of Schedule 1 opposite to the name of that college in column 1 of that Schedule; and
(b) the amount (if any) by which the maximum grant for the year 1975 in respect of the college as set out in the First Schedule, or the Fourth Schedule, whichever is applicable to the college, to the
States Grants (Advanced Education) Act 1972‑1976 exceeds the amount of the recurrent expenditure, within the meaning of that Act, of the college on college purposes in respect of that year.(11) An amount equal to the amount (if any) by which the sum of the amounts (including advances) paid to a State under the
States Grants (Advanced Education) Act 1972 , or under that Act as subsequently amended, for the purpose of financial assistance in relation to recurrent expenditure of a college of advanced education on college purposes in respect of the year 1975 exceeds the sum of the amounts of recurrent expenditure of the college on college purposes in respect of that year shall be deemed to have been paid to the State under this Act for the purpose of financial assistance in relation to recurrent expenditure of the college on college purposes in respect of the year 1976, and that first‑mentioned sum shall be deemed to have been reduced by an amount equal to that excess.
(1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State:
(a) of an amount of moneys which, during the relevant period, had been paid by the State to a college of advanced education for the purpose of expenditure by way of recurrent expenditure of the college for college purposes in respect of the year 1976; or
(b) of an amount of moneys which, during the relevant period, had been applied by the State for the purpose of expenditure, by way of recurrent expenditure of the college for college purposes, in respect of the year 1976;
otherwise than out of financial assistance granted to the State under any other Act providing for the granting of financial assistance to the States in relation to colleges of advanced education, the Commonwealth Education Minister may, subject to section 8, authorize the payment to the State under this subsection, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount referred to in the request.
(2) The financial assistance to a State constituted by a payment or payments of moneys under subsection (1) (in this subsection referred to as the
relevant financial assistance ) in relation to an amount or amounts of moneys paid to a college of advanced education for the purpose referred to in paragraph (1)(a) is granted on the conditions:
(a) that the State will cause to be furnished to the Commission, not later than 30 September 1977, a statement in writing signed by the Auditor‑General of the State, or by a qualified accountant, to the effect that he or she has satisfied himself or herself that an amount equal to the relevant financial assistance was applied in expenditure by way of recurrent expenditure of the college for college purposes in respect of the year 1976, otherwise than out of moneys paid to the college from financial assistance granted to the State under this Act or any other Act providing for the granting of financial assistance to the States in relation to colleges of advanced education; and
(b) that the State will ensure that no college of advanced education situated in the State charges fees in respect of the year 1976 or any part of that year.
(3) The financial assistance to a State constituted by a payment or payments of moneys under subsection (1) (in this subsection referred to as the
relevant financial assistance ) in relation to an amount or amounts of moneys applied by the State for the purpose referred to in paragraph (1)(b) in relation to a college of advanced education is granted on the conditions:
(a) that the State will cause to be furnished to the Commission, not later than 30 September 1977, a statement in writing signed by the Auditor‑General of the State, or by a qualified accountant, to the effect that he or she has satisfied himself or herself that an amount equal to the relevant financial assistance was, during the relevant period, applied in expenditure by way of recurrent expenditure of the college for college purposes in respect of the year 1976 otherwise than out of financial assistance granted to the State under this Act or any other Act providing for the granting of financial assistance to the States in relation to colleges of advanced education; and
(b) that the State will ensure that no college of advanced education situated in the State charges fees in respect of the year 1976 or any part of that year.
(4) For the purposes of this section, an amount that was expended during the relevant period by way of recurrent expenditure of a college of advanced education in respect of the year 1976 shall be deemed to have been expended for college purposes if it was expended:
(a) for the general teaching purposes of the college in connexion with courses of study of the college, being courses of study that were, after the commencing day, approved by the Commission under section 5;
(b) for tuition for any such courses of study; or
(c) for planning and other preparatory work in connexion with proposed courses of study, being proposed courses of study that were so approved by the Commission.
Payments shall not be made to a State under sections 6 and 7, in relation to a college of advanced education, that exceed, in the aggregate, the sum of the amounts that, but for this section, would be authorised to be paid to the State under section 6 in relation to that college.
(1) Subject to section 11, there is payable to each State, in respect of the year 1976, for the purpose of financial assistance in relation to student residences and affiliated colleges of colleges of advanced education in the State, amounts determined in accordance with this section.
(2) In relation to each college of advanced education providing collegiate accommodation at a student residence or at student residences, there is payable to the State in which the college is situated an amount equal to the sum of the amount of $8,083 and the amount ascertained by multiplying $127.02 by the number of resident full‑time students at that student residence, or at those student residences, as the case may be, in the year 1976.
(3) In relation to each affiliated college, there is payable to a State under this section, an amount ascertained by multiplying the basic grant in relation to the college by the number of resident full‑time students of the college in the year 1976.
(4) For the purpose of subsection (3), the basic grant in relation to an affiliated college is:
(a) if the number of resident full‑time students of the college in the year 1976 is not more than 50—$288.68;
(b) if the number of resident full‑time students of the college in the year 1976 is more than 50 but not more than 75—$288.68 reduced by $2.31 for each student by which that number of students exceeds 50;
(c) if the number of resident full‑time students of the college in the year 1976 is more than 75 and not more than 100—$230.94 reduced by $0.92 for each student by which that number of students exceeds 75; and
(d) if the number of resident full‑time students of the college in 1976 is more than 100—$207.85 reduced by $0.18 for each student for which that number of students exceeds 100.
(5) Where a student residence or affiliated college, or a part of such a residence or college, was not in use during the whole of the academic year comprised in the year 1976, the Commission may determine that an amount payable under this section in respect of that year in relation to that residence or college shall be such part only of the amount that would otherwise be payable as the Commission thinks appropriate.
(6) The financial assistance to a State by way of a payment of an amount under this section in relation to a student residence or affiliated college of a college of advanced education is granted on the conditions that:
(a) in the case of the payment of an amount in relation to a student residence or student residences—the State will ensure that the amount is applied for meeting administrative costs of the student residence, or of those student residences, in respect of the year 1976; or
(b) in the case of a payment of an amount in relation to an affiliated college:
(i) the State will, without undue delay, pay that amount to the body administering the affiliated college; and
(ii) the State will ensure the amount so paid by the State is applied for meeting administrative costs of the affiliated college in respect of the year 1976.
(7) For the purposes of this section, the number of resident full‑time students of a student residence or affiliated college in the year 1976 is the number that is the average of the maximum numbers of such students during the several terms of that year.
(8) This section does not apply in relation to a student residence or affiliated college that does not provide collegiate accommodation, and, for the purposes of this section, no account shall be taken of resident full‑time students occupying non‑collegiate accommodation.
(9) In this section:
full‑time student means a student who is pursuing, at a college of advanced education or at a University, a course of study that the Commission is satisfied is such as would reasonably require full‑time study.
resident full‑time student , in relation to a student residence or affiliated college, means a full‑time student who:
(a) is a resident of the student residence or affiliated college; and
(b) in the case of a student of a college of advanced education‑is pursuing a course of study approved by the Commission under section 5.
term includes a semester and any other period into which an academic year is divided.
University has the same meaning as in theStates Grants (Universities) Act 1972‑1976 .
(1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys which, during the relevant period:
(a) had been paid by the State to a college of advanced education for the purpose of meeting administrative costs of a student residence, or of student residences, of the college in respect of the year 1976; or
(b) had been paid by the State to the body administering an affiliated college of a college of advanced education for the purpose of meeting administrative costs of the affiliated college in respect of the year 1976;
otherwise than out of financial assistance granted to the State under any other Act providing for the granting of financial assistance to the States in relation to colleges of advanced education, the Commonwealth Education Minister may, subject to section 11, authorize the payment to the State under this subsection, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount referred to in the request.
(2) The financial assistance to a State constituted by a payment or payments of moneys under subsection (1) (in this subsection referred to as the
relevant financial assistance ) in relation to a student residence, or student residences, of a college of advanced education, or in relation to an affiliated college of a college of advanced education, is granted on the condition that the State will cause to be furnished to the Commission, not later than 30 September 1977, a statement in writing signed by the Auditor‑General of the State or by a qualified accountant to the effect that he or she has satisfied himself or herself that an amount equal to the relevant financial assistance was applied for meeting administrative costs of the student residence or student residences, or of the affiliated college, as the case may be, in respect of the year 1976, otherwise than out of moneys paid to the college of advanced education, or to the body administering the affiliated college, as the case may be, from financial assistance granted to the States under this Act or any other Act providing for the granting of financial assistance to the States in relation to colleges of advanced education.(3) For the purposes of this section:
(a) moneys applied during the relevant period for meeting administrative costs of a hall, college or other establishment at which any students of a college of advanced education reside, being an establishment administered by:
(i) the college or the body administering the college; or
(ii) a body established by the college or by the body administering the college;
shall be taken to have been applied for meeting the administrative costs of a student residence of the college if the establishment was, after the commencing day, approved by the Commission, for the purpose of this Act, as a student residence; and
(b) moneys applied during the relevant period for meeting administrative costs of a residential college, not being a hall, college or other establishment referred to in paragraph (a), affiliated with a college of advanced education shall be taken to have been applied for meeting the administrative costs of an affiliated college if the residential college was, after the commencing day, approved by the Commission, for the purposes of this Act, as an affiliated college.
Payments shall not be made to a State under sections 9 and 10, in relation to a student residence, or student residences, of a college of advanced education, or in relation to an affiliated college of a college of advanced education, that exceed, in the aggregate, the sum of the amounts that, but for this section, would be authorized to be paid to the State under section 9 in relation to the student residence or student residences, or to the affiliated college, of that college of advanced education.
(1) Subject to this section and to section 14, in relation to each college of advanced education specified in column 1 of Part I of Schedule 2, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to a work or other matter specified in column 2 of that Part of that Schedule, such amount (if any) as the Commission approves, but not exceeding:
(a) if a determination is in force under subsection (2) specifying an amount to be the maximum amount payable under this section to the State in respect of the work or matter—the amount so specified; or
(b) in any other case‑the amount specified in column 3 of that Part of that Schedule opposite to the description of the work or matter in column 2.
(2) If a State requests that the maximum amount payable under this section to the State in respect of a work or other matter specified in respect of a college of advanced education in column 2 of Part I of Schedule 2 be increased or reduced:
(a) the Minister may, in his or her discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less than the amount specified in column 3 of Part I of that Schedule opposite to the description of the work or matter in column 2 is to be the maximum amount payable to the State in respect to the work or matter; or
(b) if there is no determination by the Minister in force under paragraph (a) in respect of the work or matter, the Commission may, in its discretion, determine that an amount specified in the determination, being an amount that is greater or less by not more than $200,000 than the amount specified in column 3 of that Part of that Schedule opposite to the description of the work or matter in column 2, is to be the maximum amount payable to the State in respect of the work or matter.
(3) If, after the Commission has made a determination under paragraph (2)(b) in relation to a work or matter, the Minister makes a determination under paragraph (2)(a) in relation to the work or matter, the determination of the Commission ceases to have effect.
(4) Subject to subsection (5), where the Minister approves a work or other matter in respect of a college of advanced education under subsection 4(1), there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the work or other matter, such amounts (if any) as the Commission approves, but not exceeding the amount approved by the Minister under that subsection as the estimated cost of that work or other matter.
(5) The sum of the amounts payable to a State under subsection (4) shall not exceed:
(a) if a determination is in force under subsection (6) specifying an amount to be the maximum amount payable under subsection (4) to the State in respect of works and other matters referred to in that subsection‑the amount so specified; or
(b) in any other case—the amount specified in column 2 of Part II of Schedule 2 in relation to the State.
(6) At the request of a State:
(a) the Minister may, in his or her discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less than the amount specified in relation to the State in column 2 of Part II of Schedule 2, is to be the maximum amount payable under subsection (4) to the State in respect of works or other matters referred to in that subsection; or
(b) if there is no determination by the Minister in force under paragraph (a) in respect of a State, the Commission may, in its discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less by not more than $200,000 than the amount specified in relation to the State in column 2 of Part II of Schedule 2 is to be the maximum amount payable under subsection (4) to the State in respect of works or matters referred to in that subsection.
(7) If, after the Commission has made a determination under paragraph (6)(b) in respect of a State, the Minister makes a determination under paragraph (6)(a) in respect of the State, the determination of the Commission ceases to have effect.
(8) The sum of the amounts payable to a State under subsections (1) and (4) in relation to colleges of advanced education situated in the State shall not exceed the amount specified, in relation to the State, in column 2 of Part III of Schedule 2.
(9) The financial assistance to a State under subsection (1) or (4) in respect of an approved project is granted on the condition that the State will, in respect of each payment of that financial assistance and without undue delay, ensure that the amount of the payment is applied towards the approved project in a manner approved by the Commission.
(10) As soon as practicable after the Commission has made a determination under subsection (2) or (6), the Commission shall furnish to the Minister particulars of the determination.
(11) As soon as practicable after the Minister has made a determination under subsection (2) or (6), or has been furnished under subsection (10) with particulars of a determination made by the Commission under subsection (2) or (6), the Minister shall cause a statement setting out particulars of the determination to be laid before each House of the Parliament.
Notwithstanding any other provision of this Act, section 12 does not authorize any payment to a State by way of financial assistance to the State after 31 December 1977.
(1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys which, during the relevant period, has been paid by the State to a college of advanced education for the purpose of being applied towards a work or matter specified, in relation to the college, in column 2 of Part I of Schedule 2 in a manner approved by the Commission, otherwise than out of financial assistance granted to the State under any other Act providing for the granting of financial assistance to the States in relation to colleges of advanced education, the Commonwealth Education Minister may, subject to section 14, authorize the payment to the State, under this subsection, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount referred to in the request.
(2) The financial assistance to a State constituted by a payment or payments of moneys under subsection (1) (in this subsection referred to as the
relevant financial assistance ) in relation to a work or matter specified, in relation to a college of advanced education, in column 2 of Part I of Schedule 2 is granted on the conditions:
(a) that the State will cause to be furnished to the Commission, not later than 30 September 1977, a statement in writing signed by the Auditor‑General of the State, or by a qualified accountant, to the effect that he or she has satisfied himself or herself that an amount equal to the relevant financial assistance was applied towards the work or matter in a manner approved, whether before, on or after the commencing day, by the Commission, otherwise than out of moneys paid to the college from financial assistance granted to the State under this Act or any other Act providing for the granting of financial assistance to the States in relation to colleges of advanced education; and
(b) that the work or matter is carried out in accordance with particulars of the work or matter that become, after the commencing day, approved by the Commission under section 5.
Payments shall not be made to a State under sections 12 and 13, in relation to a work or matter specified, in relation to a college of advanced education, in column 2 of Part I of Schedule 2 that exceed, in the aggregate, the sum of the amounts that, but for this section, would be authorized to be paid to the State under section 12 in relation to that work or matter.
In addition to 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 Treasurer of the State that he or she 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;
(b) if that amount exceeds the amount properly payable, the State will repay the excess to the Commonwealth;
(c) in the case of an amount of financial assistance that is paid to a State in respect of an approved project under section 12—the work or other matter constituting the project will be carried out in accordance with particulars of that work or matter approved under section 5; and
(d) in the case of an amount of financial assistance that is paid by the State to a body, being a college of advanced education or a body administering a college of advanced education, a student residence or an affiliated college—the State will ensure that that body furnishes to the Commission, not later than 9 months after the end of the year in which the payment is made by the State, a statement in writing signed by the Auditor‑General of the State or by a qualified accountant to the effect that he or she has satisfied himself or herself that the amount has been applied in accordance with this Act.
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 Minister for Finance.
The Commission shall furnish to the Minister, at such times as the Minister requests, such reports as the Minister requires on the progress made and the progress proposed to be made on the carrying out of approved projects or on any other matter relevant to the operation of this Act.
(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to the Commission or to a full‑time member of the Commission any of his or her powers under this Act, other than this power of delegation.
(2) A power so delegated and exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
(3) A delegation under this section does not prevent the exercise of a power by the Minister.
Payments to a State under this Act may be made out of:
(a) in the case of payments in accordance with section 12 or 13—the Consolidated Revenue Fund or the Loan Fund; or
(b) in any other case—the Consolidated Revenue Fund.
The Treasurer may, from time to time, in accordance with the provisions of the
Commonwealth Inscribed Stock Act 1911‑1973 , 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 12 and 13.
Moneys borrowed under section 20 shall be issued and applied only for the expenses of borrowing, for the purpose of making payments to the States in accordance with sections 12 and 13 and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 22.
(1) Where an amount has been paid out of the Consolidated Revenue Fund in accordance with section 12 or 13, the Minister for Finance 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 Minister for Finance under section 49 or 50 of the
Audit Act 1901‑1975 , amounts paid to the Consolidated Revenue Fund under subsection (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.
The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.
Section 6
Column 1 College of Advanced Education | Column 2 Grant for 1976 | |
$ | ||
New South Wales: | ||
| 4,117,000 | |
| 3,256,000 | |
| 771,000 | |
| 1,481,000 | |
| 3,285,000 | |
| 1,752,000 | |
| 423,000 | |
| 2,473,000 | |
| 3,265,000 | |
| 3,956,000 | |
| 5,797,000 | |
| ||
1,922,000 | ||
| 761,000 | |
| 1,319,000 | |
| 5,456,000 | |
| 1,918,000 | |
| 607,000 | |
| 893,000 | |
| 6,068,000 | |
| 1,411,000 | |
| 873,000 | |
| 7,049,000 | |
| 955,000 | |
| 1,201,000 | |
| 13,085,000 | |
| 2,747,000 | |
| 76,841,000 | |
Victoria: | ||
| 5,086,000 | |
| 5,704,000 | |
| 217,000 | |
| 9,065,000 | |
| 821,000 | |
| 474,000 | |
| 1,017,000 | |
| 4,900,000 | |
| 3,259,000 | |
| 4,335,000 | |
| 2,569,000 | |
| 236,000 | |
| 2,570,000 | |
| 3,989,000 | |
| 22,268,000 | |
| 452,000 | |
| 4,497,000 | |
| 3,042,000 | |
| 3,025,000 | |
| 2,080,000 | |
| 3,766,000 | |
| ||
|
| |
|
| |
| 1,753,000 | |
| 11,627,000 | |
| 5,997,000 | |
| 3,403,000 | |
| 10,695,000 | |
| 769,000 | |
| 187,000 | |
| 915,000 | |
| 1,578,000 | |
| 2,090,000 | |
| 124,863,000 | |
Queensland: | ||
| 365,000 | |
| 1,060,000 | |
| 3,815,000 | |
| 5,375,000 | |
| 5,023,000 | |
| 4,257,000 | |
| 3,040,000 | |
| 3,234,000 | |
| 675,000 | |
| 11,230,000 | |
| 1,620,000 | |
| 39,694,000 | |
South Australia: | ||
| 3,322,000 | |
| 887,000 | |
| 3,218,000 | |
| 1,439,000 | |
| 3,023,000 | |
| 357,000 | |
| 11,573,000 | |
| 3,048,000 | |
| 5,572,000 | |
| 32,439,000 | |
Western Australia: | ||
| 3,521,000 | |
| 2,353,000 | |
| 1,423,000 | |
| 3,328,000 | |
| 26,564,000 | |
| 3,638,000 | |
| 214,000 | |
| 41,041,000 | |
Tasmania: | ||
| 7,506,000 | |
Colleges in | Amount of grant |
$ | |
New South Wales............................................................................................. | 221,000 |
Victoria.............................................................................................................. | 846,000 |
Section 12
Column 1 College of Advanced Education | Column 2 Work or other matter | Column 3 Maximum grant |
$ | ||
New South Wales: | ||
|
Equipment Other works and services |
1,450,000 30,000 200,000 |
1,680,000 | ||
| Renovation of residential accommodation Other works and services................. | 287,500 116,800 |
404,300 | ||
| Other works and services................. | 86,600 |
| Other works and services................. | 80,000 |
|
Equipment........................................... Other works and services................. |
2,587,000 50,000 8,000 162,000 |
2,807,000 | ||
| Equipment.............................................................. | 69,100 |
New South Wales—
| Equipment.............................................................. Other works and services.............................................................. | 15,067 26,000 |
41,067 | ||
| Other works and services.............................................................. | 61,000 |
| Other works and services.............................................................. Equipment.............................................................. | 66,670 80,000 |
146,670 | ||
| Other works and services.............................................................. | 41,000 |
| Equipment..............................................................
| 42,000 125,000 |
167,000 | ||
|
|
2,784,200 150,000 |
2,934,200 | ||
|
| 500,000 |
|
| 146,000 |
|
| 25,000 55,000 |
80,000 | ||
|
| 3,900 6,000 |
9,900 | ||
|
| 30,000 |
New South Wales—
|
| 53,000 169,000 30,000 |
252,000 | ||
|
| 50,000 |
|
| 4,000 |
|
| 50,000 |
|
| 10,000 |
|
| 1,250,000 38,000 6,000 |
1,294,000 | ||
|
| 2,800,000 3,587,685 46,329 275,000 170,571 435,000 |
7,314,585 | ||
| Other works and services.............................................................. Equipment.............................................................. | 17,228 15,742 |
32,970 | ||
| 18,291,392 | |
Victoria: | ||
|
Other works and services
|
639,661 41,430 80,000 20,700 |
781,791 | ||
|
| 500,000 23,000 100,000 |
623,000 | ||
|
| 142,420 3,960 |
146,380 | ||
|
| 93,000 120,288 81,900 |
295,188 | ||
|
| 302,395 5,000 |
307,395 | ||
| Equipment | 2,500 |
| Equipment | 3,750 |
Victoria—
|
|
2,358,121 10,100 35,000 7,260 694,302 47,000 |
3,151,783 | ||
|
| 21,440 10,000 |
31,440 | ||
|
| 7,400 |
|
| 500,000 2,926,688 15,000 5,000 |
3,446,688 | ||
|
| 3,000 |
|
| 3,510,000 24,800 3,030 183,300 |
3,721,130 | ||
|
| 19,444 10,100 |
29,544 | ||
Victoria—
|
|
1,170,000 798,000 50,000 24,450 |
2,042,450 | ||
|
| 31,000 |
|
| 173,000 63,400 15,000 85,300 |
336,700 | ||
|
| 295,000 59,000 48,600 40,000 |
442,600 | ||
|
| 36,000 31,090 36,610 |
103,700 | ||
|
| 32,400 |
Victoria—
|
|
526,000 1,956,000 10,000 61,600 |
2,553,600 | ||
|
| 171,000 13,000 21,600 |
|
120,700 32,400 | ||
358,700 | ||
|
| 56,500 15,000 483,437 27,800 177,563 |
760,300 | ||
|
| 149,207 195,493 |
344,700 | ||
|
| 426,100 70,200 |
496,300 | ||
Victoria—
| Alterations to east building Alterations to main building
| 240,000 100,000 45,000 71,300 20,000 |
476,300 | ||
|
| 77,500 365,200 11,000 |
453,700 | ||
|
| 145,800 3,000 12,200 36,000 16,000 |
213,000 | ||
|
| 5,000 50,000 |
55,000 | ||
|
| 505,475 |
|
| 2,650 |
Victoria—
|
| 100,000 712,000 13,250 161,600 |
986,850 | ||
| 22,746,414 | |
Queensland: | ||
|
| 30,052 19,651 18,947 |
68,650 | ||
|
| 1,140,190 50,000 82,710 |
1,272,900 | ||
|
| 65,093 95,177 82,820 |
243,090 | ||
|
| 757,210 136,370 88,560 196,120 |
1,178,260 | ||
Queensland—
|
| 26,580 49,700 |
76,280 | ||
|
| 550,000 |
| 1,795,040 216,134 29,626 | |
2,590,800 | ||
|
| 106,500 49,710 40,150 |
196,360 | ||
|
| 7,100 22,270 |
29,370 | ||
|
| 1,742,180 83,220 269,230 |
2,094,630 | ||
|
| 45,270 |
| 12,050 | |
57,320 | ||
| 7,807,660 | |
South Australia: | ||
|
Completion of alterations to library | 500 23,500 52,000 |
76,000 | ||
|
| 100,000 10,500 14,500 |
125,000 | ||
|
| 35,000 33,000 |
68,000 | ||
|
| 18,800 40,200 |
59,000 | ||
|
| 592,000 35,000 42,000 |
669,000 | ||
|
| 241,000 115,000 175,000 716,000 |
1,247,000 | ||
South Australia—
|
|
35,000 37,000 20,000 |
92,000 | ||
|
| 2,445,595 167,000 189,000 20,000 |
2,821,595 | ||
| 5,157,595 | |
Western Australia: | ||
|
| 400,000 149,000 10,000 |
559,000 | ||
|
| 10,000 8,000 |
18,000 | ||
|
| 6,000 |
|
| 41,000 10,000 |
51,000 | ||
Western Australia—
|
| 70,000 15,000 1,116,000 860,000 585,000 740,907 5,180 120,000 |
3,512,087 | ||
|
| 29,555 667,000 10,000 |
706,555 | ||
|
| 218,162 |
| 5,070,804 | |
Tasmania: | ||
|
|
347,670 750,000 75,000 35,000 60,000 63,500 61,000 |
1,392,170 |
Column 1 State | Column 2 Maximum grant |
$ | |
New South Wales......................................................................................... | 1,330,428 |
Victoria.......................................................................................................... | 2,221,276 |
Queensland.................................................................................................... | 205,410 |
South Australia............................................................................................. | 321,275 |
Western Australia........................................................................................ | 497,786 |
Tasmania....................................................................................................... ......................................................................................................................... | 203,200 |
| 4,779,375 |
Column 1 State | Column 2 Maximum grant |
$ | |
New South Wales......................................................................................... | 19,621,820 |
Victoria.......................................................................................................... | 24,967,690 |
Queensland................................................................................................... | 8,013,070 |
South Australia............................................................................................. | 5,478,870 |
Western Australia........................................................................................ ......................................................................................................................... | 5,568,590 |
Tasmania...................................................................................................... ......................................................................................................................... | 1,595,370 |
| 65,245,410 |
The
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
15, 1976 | 1 Apr 1976 | 1 Apr 1976 | ||
120, 1976 | 19 Nov 1976 | 19 Nov 1976 | S. 19 | |
60, 1977 | 16 June 1977 | 16 June 1977 | Ss. 6 and 7 | |
158, 1977 | 10 Nov 1977 | 10 Nov 1977 | — | |
36, 1978 | 12 June 1978 | 12 June 1978 | S. 8 | |
92, 1981 | 18 June 1981 | Schedule (in part): 1 July 1982 (
s. 2 and | — | |
73, 2008 | 3 July 2008 | Schedule 4 (items 474–477): 4 July 2008 | — |
| |
Provision affected | How affected |
S. 3 ........................................ | am. No. 92, 1981; No. 73, 2008 |
S. 4......................................... | am. No. 73, 2008 |
Ss. 6, 7................................... | am. No. 73, 2008 |
S. 9 ........................................ | am. No. 120, 1976; No. 60, 1977 |
S. 10....................................... | am. No. 73, 2008 |
S. 12....................................... | am. No. 73, 2008 |
S. 12A ................................... | ad. No. 158, 1977 |
S. 13....................................... | am. No. 73, 2008 |
S. 15....................................... | am. No. 73, 2008 |
S. 16 ...................................... | am. No. 36, 1978 |
S. 18....................................... | am. No. 73, 2008 |
S. 22 ...................................... | am. No. 36, 1978 |
Schedule 1 ............................ | rs. No. 120, 1976; No. 60, 1977 |
Schedule 2 ............................ | rs. No. 120, 1976; No. 60, 1977 |
States Grants (Advanced Education) Amendment Act (No. 2) 1976 (No. 120, 1976)
Payments made to a State under the Principal Act before the date on which this Act received the Royal Assent shall be deemed to have been made for the purposes of the Principal Act as amended by this Act.
States Grants (Advanced Education Assistance) Amendment Act 1977 (No. 60, 1977)
An approval given under subsection 4(1) of the Principal Act, or a determination made under paragraph 6(2)(a) or (b), 12(2)(a) or (b) or 12(6)(a) or (b) of the Principal Act, and in force immediately before the commencement of this Act shall, by force of this section, cease to have effect upon the commencement of this Act, but this section shall not be taken to affect the previous operation of the approval or determination, as the case may be.
Payments made to a State under the Principal Act before the date on which this Act receives the Royal Assent shall be deemed to have been made for the purposes of the Principal Act as amended by this Act.
Administrative Changes (Consequential Provisions) Act 1978 (No. 36, 1978)
(1) In this section:
(a) a reference to a prescribed provision of an Act shall be read as a reference to a provision specified in Schedule 1 relating to the capital, or to the moneys, of a body corporate established by an Act; and
(b) a reference to taking any action shall be read as a reference to doing any act or thing, and includes, without limiting the generality of the expression, a reference to making a payment, making an advance, making moneys available, paying an amount, giving a direction or making a decision or determination.
(2) A reference in any prescribed provision of an Act to any action taken by the Minister for Finance shall be read as including a reference to any such action taken before 20 December 1977 by the Treasurer.
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