States Grants (TAFE Assistance) Act 1989 (Cth)

States Grants (TAFE Assistance) Act 1989

Act No. 170 of 1989 as amended

Consolidated as in force on 28 May 1998

(includes amendments up to Act No. 152 of 1997)

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

An Act relating to the funding of technical and further education, and for related purposes

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Part 1—Preliminary

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1Short title [see Note 1]

This Act may be cited as the States Grants (TAFE Assistance) Act 1989.

2Commencement [see Note 1]

This Act commences on the day on which it receives the Royal Assent.

3Interpretation—defined expressions

In this Act, unless the contrary intention appears:

approved capital expenditure proposal means a proposal for capital expenditure approved by the Minister under section 12.

approved expenditure, in relation to an approved capital expenditure proposal, means the amount determined by the Minister under section 13 in relation to the proposal.

approved form means a form approved by the Minister.

capital expenditure means expenditure in relation to a building or equipment.

fees, in relation to a body that provides a course of study or instruction, means tuition, examination or other fees payable to the body by a student enrolled at, or applying for enrolment at, the body in relation to such a course, and includes fees payable to the body in relation to the granting of a degree, diploma, associate diploma or other award (including a qualification relating to a trade or a technical or other skilled occupation), but does not include:

1. (a)

   fees the payment of which is voluntary; or

2. (b)

   fees payable in relation to:

   1. (i)

      an organisation of:

      1. (A)

         students; or

      2. (B)

         students and other persons; or

   2. (ii)

      the provision to students of amenities or services that are not of an academic nature; or

3. (c)

   fees payable in relation to residential accommodation; or

4. (d)

   fees payable by overseas students; or

5. (e)

   fees payable in relation to, or in relation to attendance for the purposes of:

   1. (i)

      studies that are undertaken otherwise than to obtain a qualification relating to a trade or a technical or other skilled occupation; or

   2. (ii)

      studies that are preparatory to such studies; or

6. (f)

   fees payable by a person who has earned a living at any time in relation to studies that are undertaken otherwise than to obtain an initial vocational qualification; or

7. (g)

   fees of a kind that are incidental to studies that may be undertaken at bodies providing technical and further education and that the Minister has notified each State TAFE Minister to be fees of a kind to which this paragraph applies.

financial assistance arrangement means an arrangement under section 9.

higher education institution means an institution of higher education specified in the Table in subsection 4(1) of the Higher Education Funding Act 1988.

instrument, in relation to the Minister, means an approval, declaration, determination, notification or specification given or made by the Minister under, or for the purposes of, this Act.

overseas student has the same meaning as in the Overseas Students Charge Act 1979.

previous assistance Act means the States Grants (Technical and Further Education Assistance) Act 1989.

program year means the calendar year 1990, 1991, 1992, 1993, 1994 or 1995.

qualified accountant means:

1. (a)

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

2. (b)

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

3. (c)

   a person approved by the Minister as a qualified accountant for the purposes of this Act.

qualified auditor means:

1. (a)

   the Auditor-General of a State; or

2. (b)

   a qualified accountant.

recurrent expenditure means expenditure that is not capital expenditure.

relevant accreditation authority, in relation to a State, means the authority of the State that has responsibility for the accreditation of courses of advanced education.

State includes the Australian Capital Territory and the Northern Territory.

State TAFE Minister means:

1. (a)

   in relation to a State—the Minister of the Crown for the State who is responsible, or principally responsible, for the administration of matters relating to technical and further education in the State; and

2. (b)

   in relation to the Australian Capital Territory or the Northern Territory—the Minister of the Territory who is responsible, or principally responsible, for the administration of matters relating to technical and further education in the Territory.

technical and further education means education provided by way of:

1. (a)

   a course of instruction or training that is, or is preparatory to, a course of a kind relevant to a trade or a technical or other skilled occupation or that otherwise meets educational needs; or

2. (b)

   a course provided in New South Wales or Queensland:

   1. (i)

      that is recognised by the relevant accreditation authority of the State as a course of advanced education; and

   2. (ii)

      that is provided by the authority of the State responsible for technical and further education;

but does not include:

1. (c)

   education provided at a higher education institution, other than education provided by way of a course declared by the Minister to be a course of technical and further education; or

2. (d)

   primary or secondary education provided by way of a full- time course in a school.

4Interpretation—expenditure in relation to a building

1. (1)

   In this Act, a reference to expenditure in relation to a building includes a reference to expenditure in relation to any of the following:

   1. (a)

      the purchase of land with or without buildings;

   2. (b)

      the design, erection, alteration or extension of a building or other facilities;

   3. (c)

      the development or preparation of land for building or other purposes;

   4. (d)

      the installation of water, electricity or other services.

2. (2)

   For the purposes of this Act, expenditure in relation to the erection, alteration or extension of a building includes expenditure in relation to:

   1. (a)

      the supply of furnishings and equipment for the building, or for the altered parts or extensions of the building, as the case may be; and

   2. (b)

      without limiting paragraph (a), if the erection, alteration or extension is undertaken in relation to the establishment of a library—the supply of books and other library materials required to establish the library.

5Interpretation—capital expenditure in relation to technical and further education

1. (1)

   For the purposes of this Act, capital expenditure is to be taken to relate to the provision of technical and further education if the expenditure relates to:

   1. (a)

      a building or equipment that is to be used partly in relation to the provision of technical and further education and partly for educational purposes by students enrolled in schools or in higher education institutions; or

   2. (b)

      child care facilities to which the students enrolled in courses of technical and further education will have access.

2. (2)

   Subsection (1) does not limit the circumstances in which expenditure may relate to the provision of technical and further education.

6Approvals to be given in writing etc.

Approvals, declarations, determinations, notifications and specifications given or made by the Minister under, or for the purposes of, this Act must be given or made in signed writing.

7Variation of instruments

Where a matter specified in an instrument signed by the Minister has been varied by another such instrument, a reference in this Act to the matter is a reference to the matter as so varied.

8State includes Territory despite express references to Territory

The express references in this Act to the Australian Capital Territory and the Northern Territory do not imply that references in this Act to a State do not include references to those Territories.

9Arrangements with States

The Minister may make an arrangement with a State TAFE Minister for the making of payments by the Commonwealth to the State under this Act, by way of financial assistance, in relation to the provision of technical and further education in the State in a program year.

Part 2—Recurrent expenditure grants

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10Grants for recurrent expenditure

1. (1)

   If a financial assistance arrangement is in force in relation to a State, the Minister may authorise the payment to the State of such amount as the Minister determines.

2. (2)

   A payment made to a State under this section is made, by way of financial assistance, in relation to recurrent expenditure in relation to the provision of technical and further education in the State in a program year.

3. (3)

   The total of the amounts determined by the Minister under this section must not exceed:

   1. (a)

      for 1990—$140,250,000; or

   2. (b)

      for 1991—$147,720,000; or

   3. (c)

      for 1992—$261,317,000; or

   4. (d)

      for 1993—$344,681,000; or

   5. (e)

      for 1994—$420,582,000; or

   6. (f)

      for 1995—$501,363,000.

4. (4)

   This section does not authorise the payment of money in respect of a program year that commences on or after 1 January 1994 if Part 3 of the Vocational Education and Training Funding Act 1992 has commenced before the beginning of that year.

11Conditions of grants

Financial assistance is granted to a State under section 10 on the following conditions:

1. (a)

   that the State ensures that the total of the amounts spent by the State and by instrumentalities of the State in relation to recurrent expenditure in relation to the provision of technical and further education in the State in a program year is not less than the total amount of financial assistance paid to the State under section 10;

2. (b)

   that the State ensures that each body providing technical and further education in the State does not charge any student fees in relation to the year 1990 or any part of that year;

3. (c)

   that the State gives to the Minister, not later than 30 September in the year after the relevant program year, a statement by a qualified auditor, in the approved form, as to the amounts spent as mentioned in paragraph (a);

4. (d)

   that the State gives to the Minister, not later than the day specified by the Minister, the statistical and other information that the Minister requires in relation to the provision of technical and further education in the State in a program year.

Part 3—Capital expenditure grants

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12Approval of capital expenditure proposals

1. (1)

   The Minister may approve a proposal for capital expenditure in relation to a program year in relation to the provision of technical and further education in a State.

2. (2)

   An approval is subject to such conditions as the Minister specifies.

3. (3)

   The Minister must not approve a proposal for capital expenditure unless:

   1. (a)

      a proposal for expenditure in relation to the building or equipment project concerned was approved under this Act and amounts were spent in the program year to which the proposal relates by the State concerned or an instrumentality of the State in relation to the last-mentioned proposal; or

   2. (b)

      a financial assistance arrangement is in force in relation to the State concerned.

13Approved expenditure in relation to approved capital expenditure proposals

1. (1)

   Where the Minister approves a proposal for capital expenditure under section 12, the Minister must determine an amount as the amount of approved expenditure in relation to the proposal.

2. (2)

   The amount determined by the Minister under this section in relation to a particular proposal for capital expenditure must not exceed the amount that the State concerned estimates will be spent in relation to the proposal in relation to the relevant program year.

3. (3)

   The total of the amounts determined by the Minister under this section must not exceed:

   1. (a)

      for 1990—$203,227,000; or

   2. (b)

      for 1991—$212,141,000; or

   3. (c)

      for 1992—$219,018,000; or

   4. (d)

      for 1993—$218,378,000; or

   5. (e)

      for 1994—$218,378,000; or

   6. (f)

      for 1995—$218,378,000.

14Grants for approved capital expenditure proposals

1. (1)

   The Minister may, in relation to each approved capital expenditure proposal, authorise the payment to the State concerned, by way of financial assistance, of the approved expenditure in relation to the proposal.

2. (2)

   This section does not authorise the payment of money in respect of a program year that commences on or after 1 January 1994 if Part 3 of the Vocational Education and Training Funding Act 1992 has commenced before the beginning of that year.

15Conditions of grants

1. (1)

   Financial assistance is granted to a State under section 14 in relation to an approved capital expenditure proposal relating to a body providing technical and further education on the following conditions:

   1. (a)

      that the State, without undue delay:

      1. (i)

         pays to the body each amount of the financial assistance received by the State; or

      2. (ii)

         applies each amount of the financial assistance received by the State;

   2. (b)

      that the State ensures that the total of:

      (i) the amounts spent by the State and instrumentalities of the State in relation to work carried out before 1 January in the year after the relevant program year in relation to approved capital expenditure proposals that relate to buildings; and

      1. (ii)

         the amounts spent by the State and instrumentalities of the State in relation to approved capital expenditure proposals that relate to equipment, being amounts spent before 1 January in the year after the relevant program year or spent on or after that date in relation to commitments entered into before that date;

   is not less than the total of the amounts of financial assistance paid to the State under section 14 in relation to all approved capital expenditure proposals in relation to the State;

   1. (c)

      that the State ensures that each body providing technical and further education in the State does not charge any student fees in relation to 1990 or any part of that year;

   2. (d)

      that the State gives to the Minister, not later than 30 September in the year after the relevant program year, a statement by a qualified auditor, in the approved form, as to the amounts spent as mentioned in paragraph (b);

   3. (e)

      that the State gives to the Minister, not later than the day specified by the Minister, the statistical and other information that the Minister requires in relation to the provision of technical and further education in the State in a program year.

2. (2)

   For the purposes of this section, where an amount has been spent in a particular way, the amount is not to be treated as having been spent in that way under the condition mentioned in paragraph (1) (b) if the amount has been treated, or will be treated, by the State as having been spent in that way under a condition subject to which financial assistance was granted to the State under another Act relating to the funding of technical and further education.

Part 4—Miscellaneous

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16Benefits of, and opportunities created by, grants to be equally available to male and female students

1. (1)

   Financial assistance is granted to a State under this Act on the further condition that the State ensures that the benefits of, and opportunities created by, the financial assistance are, as far as practicable, equally available to male and female students.

2. (2)

   Where:

   1. (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 and female students; and

   2. (b)

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

the benefits of, or the opportunities created by, the project, program or expenditure are to be taken, for the purposes of this Act, to be equally available to male and female students.

17Additional conditions

In addition to the conditions specified in any other provision of this Act, financial assistance is granted to a State under a provision of this Act on the conditions that:

1. (a)

   if the Minister notifies the State that the Minister is satisfied that the State has failed to fulfil a condition applicable to the financial assistance, the State will pay to the Commonwealth the amount (if any) specified by the Minister, being an amount not exceeding the amount of the financial assistance; and

2. (b)

   if the amount of the financial assistance paid to the State under the provision exceeds the amount properly payable to the State, the State will pay an amount equal to the excess to the Commonwealth.

18Determinations affecting State entitlements to grants

The Minister must not make a determination under section 10 or 13:

1. (a)

   that would reduce an amount payable to a State under a previous instrument signed by the Minister unless the Minister has consulted the State in relation to the proposed reduction; or

2. (b)

   that could result in a State becoming liable to pay an amount to the Commonwealth.

19Disallowable instruments

A determination made by the Minister under section 10 or 13 is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

20Time and manner of payments

Financial assistance payable to a State under this Act is to be paid in such amounts, and at such times, as the Minister determines.

21Delegation

The Minister may, by signed writing, delegate to an officer of the Department all or any of the Minister’s powers under this Act.

22Advances

1. (1)

   The Minister may make arrangements for the making of advances by the Minister to a State, by way of financial assistance, on account of an amount that is expected to become payable to the State under a provision of this Act.

2. (2)

   The conditions that would be applicable to a payment of the amount under the provision are applicable to the advance.

23Source of payments to States

Payments to a State under this Act (including an advance under section 22) are to be made out of:

1. (a)

   in the case of payments under Part 2—the Consolidated Revenue Fund; or

2. (b)

   in the case of payments under Part 3—the Consolidated Revenue Fund or the Loan Fund.

24Authority to borrow

The Treasurer may, under the Commonwealth Inscribed Stock Act 1911 or an Act authorising the issue of Treasury Bills, borrow amounts that, in total, do not exceed the total of the amounts payable to the States under Part 3.

25Application of amounts borrowed

Amounts borrowed under section 24 may be issued and applied only for:

1. (a)

   the expenses of borrowing; or

2. (b)

   making payments to the States under Part 3 (including advances under section 22 on account of such payments); or

3. (c)

   making payments to the Consolidated Revenue Fund under section 26.

26Reimbursements of Consolidated Revenue Fund from Loan Fund

1. (1)

   Where a payment under Part 3 has been made out of the Consolidated Revenue Fund, the Minister for Finance may authorise the payment to that Fund, out of the Loan Fund, of an amount not exceeding the payment.

2. (2)

   In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared under section 54 or 55 of the Financial Management and Accountability Act 1997, amounts paid to the Consolidated Revenue Fund under subsection (1) of this section must not be shown as receipts of that Fund but must be shown as having reduced the total of the amounts spent from that Fund under this Act.

27Appropriation

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

Part 5—Amendment of the Employment, Education and Training Act 1988

[published separately]

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NOTE

1. The States Grants (TAFE Assistance) Act 1989 as shown in this reprint comprises Act No. 170, 1989 amended as indicated in the Tables below.

Table of Acts

Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions

States Grants (TAFE Assistance) Act 1989	170, 1989	19 Dec 1989	19 Dec 1989
States Grants (TAFE Assistance) Amendment Act 1990	120, 1990	28 Dec 1990	28 Dec 1990	—
States Grants (TAFE Assistance) Amendment Act 1991	54, 1991	24 Apr 1991	24 Apr 1991	—
States Grants (TAFE Assistance) Amendment Act (No. 2) 1991	176, 1991	25 Nov 1991	25 Nov 1991	—
States Grants (TAFE Assistance) Amendment Act 1992

75, 1992	26 June 1992	26 June 1992	—
Vocational Education and Training Funding Act 1992	152, 1992	11 Dec 1992	Part 2 (ss. 3-7): Royal Assent (a)	—
Vocational Education and Training Funding Laws Amendment Act 1993	119, 1993	24 Dec 1993	Ss. 3-5 and 11: 31 Dec 1993 (see s. 2 (2) and Gazette 1993, No. GN50) Remainder: Royal Assent	—
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2: 1 Jan 1998 (see Gazette 1997, No. GN49)(b)	—

(a) The States Grants (TAFE Assistance) Act 1989 was amended by Part 2 (sections 3-7) only of the Vocational Education and Training Funding Act 1992, subsection 2(1) of which provides as follows:

1. “(1)

   This Act, except for Part 3, commences on the day on which it receives the Royal Assent.”

(b) The States Grants (TAFE Assistance) Act 1989 was amended by Schedule 2 (item 1222) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

1. “(2)

   Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3...........................................	am. No. 120, 1990; No. 176, 1991; No. 152, 1992
S. 9...........................................	am. No. 120, 1990
S. 10.........................................	am. No. 120, 1990; Nos. 54 and 176, 1991; Nos. 75 and 152,1992; No. 119, 1993
Ss. 11, 12..................................	am. No. 120, 1990
S. 13.........................................	am. No. 120, 1990; Nos. 54 and 176, 1991; Nos. 75 and 152,1992; No. 119, 1993
S. 14.........................................	am. No. 152, 1992
S. 15.........................................	am. No. 120, 1990
S. 26.........................................	am. No. 152, 1997