States Grants (Technical and Further Education) Act 1974 (Cth)
An Act relating to the Grant of Financial Assistance to the States in Connexion with Technical and Further Education.
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
“building” includes a part of a building;
“building project” includes—
(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; and
(d) the installation of water, electricity or other services;
“capital expenditure” means—
(a) expenditure on a building project; or
(b) expenditure exceeding $2,000 for the purchase of, or otherwise in connexion with, a single item of equipment;
“certificate of an authorized person”, in relation to money paid to a State under a provision of this Act, means a certificate signed by a person who is, or by a person included in a class of persons the members of which are, authorized by the Minister of State of a State who is responsible, or principally responsible, for the administration of matters relating to technical and further education in that State to sign certificates in respect of the application of moneys paid to the State under that provision, being a person or class of persons approved by the Minister for the time being administering this Act;
“in-service teacher training” means teacher training of persons serving as teachers within the field of technical and further education at institutions of technical and further education, whether the course of training is conducted by a State or by any other body, authority or person;
“institution of technical and further education” means a place of education in a State at which technical and further education is provided by the State or by an instrumentality of the State;
“major building project” means a building project other than a student residence building project or a minor building project; “minor building project” means a building project other than a student residence building project—
(a) that does not involve the purchase of land; and
(b) the estimated cost of which does not exceed $40,000;
“period to which this Act applies” means the period that commenced on 1 July 1974 and ends on 30 June 1976;
“recurrent expenditure” means expenditure other than capital expenditure;
“student residence”, in relation to an institution of technical and further education, means a hall, college or other establishment at which any students of the institution reside, being an establishment—
(a) administered by—
(i) the authority or body administering the institution; or
(ii) a body established by the authority or body administering the institution; and
(b) approved by the Minister, for the purposes of this Act, as a student residence;
“student residence building project” means a building project in connexion with a student residence or proposed student residence of an institution of technical and further education at which the provision of technical and further education has commenced;
“year” means a period of 12 months commencing on 1 July;
“year to which this Act applies” means the year commencing on 1 July 1974 or the year commencing on 1 July 1975;
“technical and further education” means education undertaken by persons who are not enrolled in a full-time course of primary or secondary education at a school, being education provided by way of a course of instruction or training—
(a) that is, or that is preparatory to, a course of a kind relevant to a trade, technical occupation or other skilled occupation; or
(b) that otherwise meets community needs by imparting information, understanding or skills,
not being a course the recurrent expenses of conducting which are, otherwise than by virtue of the operation of this Act, the subject of financial assistance by Australia.
(2) For the purposes of section 12, each place of education in Victoria, Queensland or Western Australia at which the College of Nursing, Australia, provides technical and further education shall be deemed to be an institution of technical and further education in that State and moneys paid to that State under section 12 shall be deemed to have been applied in accordance with paragraph 13 (a) if those moneys are paid forthwith by that State to the College of Nursing, Australia under an agreement between that State and the College that the College will, as soon as practicable, but not later than 6 months after the end of the financial year in which the moneys were paid to that State, expend the moneys for the purpose of meeting recurrent expenditure by the College in connexion with the provision of technical and further education in that State.
(2) The Minister shall not, after the period to which this Act applies, authorize the payment of an amount to a State under this section unless he is satisfied that the amount will be applied for the purposes of meeting commitments undertaken during that period.
(3) The Minister shall not authorize payments to a State under this section that exceed, in the aggregate, the amount specified in column 2 of Schedule 1 opposite to the name of the State.
(4) At any time, and from time to time, during the period to which this Act applies, but subject to sub-section (5), provision may be made by the regulations that this Act has effect as if some or all of the amounts specified in column 2 of Schedule 1 opposite to the names of States were varied in accordance with the regulations, and where provision is so made with respect to the variation of any such amounts, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule, in substitution for those amounts, the amounts as so varied.
(5) Regulations made for the purposes of sub-section (4) shall not provide for the variation of any amounts specified in column 2 of Schedule 1 in such a way that, after the variation, the aggregate of the amounts specified in respect of the States in that column is greater or less than the total specified at the foot of that column.
(a) minor building projects undertaken or proposed to be undertaken during the period to which this Act applies; or
(b) proposals to purchase items of equipment the estimated cost of each of which exceeds $2,000,
in connexion with institutions of technical and further education in a State, and may revoke or vary any such approval.
(2) The Minister shall not, after the period to which this Act applies, authorize the payment of an amount to a State under this section unless he is satisfied that the amount will be applied for the purpose of meeting commitments undertaken during that period.
(3) The Minister shall not authorize payments to a State under this section that exceed, in the aggregate, the amount specified in column 2 of Schedule 2 opposite to the name of the State.
(4) At any time, and from time to time, during the period to which this Act applies, but subject to sub-section (5), provision may be made by the regulations that this Act has effect as if some or all of the amounts specified in column 2 of Schedule 2 opposite to the names of States were varied in accordance with the regulations, and where provision is so made with respect to the variation of any such amounts, then, for the purposes of this Act, there shall be deemed to have been specified in that column of that Schedule, in substitution for those amounts, the amounts as so varied.
(5) Regulations made for the purposes of sub-section (4) shall not provide for the variation of any amounts specified in column 2 of Schedule 2 in such a way that, after the variation, the aggregate of the amounts specified in respect of the States in that column is greater or less than the total specified at the foot of that column.
(2) The Minister shall not, after the period to which this Act applies, authorize the payment of an amount to a State under this section unless he is satisfied that the amount will be applied for the purpose of meeting commitments undertaken during that period.
(3) The Minister shall not authorize payments under this section that exceed, in the aggregate, $4,000,000.
(a) under section 6, in respect of a major building project;
(b) under section 8, in respect of a minor building project or a proposal to purchase equipment; or
(c) under section 10, in respect of a student residence building project,
is granted on the conditions that—
(d) the moneys will, without undue delay, be applied by the State or an instrumentality of the State for the purpose of meeting expenditure in respect of that project or proposal;
(e) the State will furnish to the Minister, within such period as the Minister requires, a certificate of an authorized person to the effect that the person has satisfied himself that the moneys have been applied in accordance with paragraph (d); and
(f) if the Minister informs the Treasurer of the State that he is satisfied that a condition applicable under paragraph (d) or (e) in relation to the payment has not been fulfilled, the State will re-pay to Australia such sum as the Minister determines, being a sum not exceeding the amount of the payment.
(a) in the case of the year commencing on 1 July 1974—the amount specified in column 2 of Schedule 3 opposite to the name of the State; and
(b) in the case of the year commencing on 1 July 1975—the amount specified in column 3 of Schedule 3 opposite to the name of the State.
(a) the moneys will, as soon as practicable but not later than 6 months after the end of the financial year in which the payment is made, be applied by the State or by instrumentalities of the State for the purpose of meeting recurrent expenditure in connexion with the provision of technical and further education at institutions of technical and further education in that State;
(b) the State will furnish to the Minister, within a period of 6 months after the end of the financial year in which the payment is made, a certificate of an authorized person to the effect that the person has satisfied himself that the moneys have been applied in accordance with paragraph (a);
(c) the State will cause to be furnished to the Minister within a period of 6 months after the end of the financial year in which the payment is made, such statistical and other information as the Minister requires in respect of the provision of technical and further education in that State during that financial year; and
(d) if the Minister informs the Treasurer of the State that he is satisfied that a condition applicable under paragraph (a), (b) or (c) in relation to the payment has not been fulfilled, the State will repay to Australia such sum as the Minister determines, being a sum not exceeding the amount of the payment.
(a) curriculum research and development;
(b) the assessment of qualifications obtained in other States or Territories with a view to their recognition;
(c) the training of professional library staff;
(d) the provision of library materials and library equipment;
(e) the development of a central information centre;
(f) the provision of external study facilities;
(g) the employment of staff to be responsible for matters of safety, health and welfare and to provide student counselling services at institutions of technical and further education;
(h) the provision of in-service training to non-teaching staff at institutions of technical and further education;
(j) the publicizing of technical and further education;
(k) the employment of additional staff to assist in planning capital works and to collect statistical information.
(2) The Minister may revoke or vary any approval given under sub-section (1).
(2) The Minister shall not authorize payments to a State under this section in a year to which this Act applies that exceed, in the aggregate—
(a) in the case of the year commencing on 1 July 1974—the amount specified in column 2 of Schedule 4 opposite to the name of the State;
(b) in the case of the year commencing on 1 July 1975—the amounts specified in column 3 of Schedule 4 opposite to the name of the State.
(a) the amount specified opposite to the name of a State in the column of Schedule 4 that is relevant to that year exceeds the recurrent expenditure that the State and the instrumentalities of the State are likely, in the aggregate, to incur in respect of that year for the purposes set out in the paragraphs of sub-section 14(1); and
(b) the amount specified opposite to the name of the State in the column of Schedule 3 that is relevant to that year is less than the recurrent expenditure in connexion with the provision of technical and further education at institutions of technical and further education in the State that the State and the instrumentalities of the State are likely, in the aggregate, to incur in respect of that year for purposes other than the purposes set out in those paragraphs, the Minister may, at the request of the State, having regard to the respective amounts of recurrent expenditure referred to in paragraphs (a) and (b) that the State and the instrumentalities of that State are likely to incur in respect of that year, determine in writing that—
(c) the amount specified opposite to the name of the State in the column of Schedule 4 that is relevant to that year be varied by reducing that amount by an amount specified in the Minister’s determination; and
(d) the amount specified opposite to the name of the State in the column of Schedule 3 that is relevant to that year be varied by increasing that amount by an amount equal to the amount of the reduction referred to in paragraph (c).
(2) Where the Minister determines that an amount specified in a column of a Schedule be varied in accordance with sub-section (1), then this Act (including sub-section (1)) shall have effect as if the amount as so varied were specified in substitution for the first-mentioned amount.
(2) The Minister shall not authorize payments to a State under this section in a year to which this Act applies that exceed, in the aggregate—
(a) in the case of the year commencing on 1 July 1974—the amount specified in column 2 of Schedule 5 opposite to the name of the State; and
(b) in the case of the year commencing on 1 July 1975—the amount specified in column 3 of Schedule 5 opposite to the name of the State.
(a) the provision of library furnishings;
(b) the training of library technicians;
(c) the conduct of a feasibility study for a bibliographic centre;
(d) the taking of any measures that assist in making technical and further education more generally accessible.
(2) The Minister may revoke or vary any approval given under sub-section (1).
(2) The Minister shall not authorize payments to a State under this section, in the year commencing on 1 July 1974, in respect of projects for a purpose specified in paragraph (a), (b), (c) or (d) that exceed, in the aggregate, the amount specified opposite to the name of that State in column 2, 4, 6 or 8, respectively, of Schedule 6.
(3) The Minister shall not authorize payments to a State under this section, in the year commencing on 1 July 1975, in respect of projects for a purpose specified in paragraph (a), (b), (c) or (d) that exceed, in the aggregate, the amount specified opposite to the name of that State in column 3, 5, 7 or 9, respectively, of Schedule 6.
(a) the development of proposals for the establishment of community colleges;
(b) the planning of a model library in connexion with an institution of technical and further education in that State.
(2) The Minister may revoke or vary any approval given under subsection (1).
(2) The Minister shall not authorize payments to the States under this section in the year commencing on 1 July 1974 in respect of projects for the purpose set out in paragraph 21(1)(a).
(3) The Minister shall not authorize payments to the States under this section in the year commencing on 1 July 1975 in respect of projects for the purpose set out in paragraph 21(1)(a) that exceed, in the aggregate, $56,000.
(4) The Minister shall not authorize payments to the States under this section in a year to which this Act applies in respect of projects for the purpose set out in paragraph 21(1)(b) that exceed, in the aggregate—
(a) in the case of the year commencing on 1 July 1974—$65,000;
(b) in the case of the year commencing on 1 July 1975—$135,000.
(a) under section 15, in respect of a program of recurrent expenditure approved under section 14;
(b) under section 18, in respect of a program of in-service teacher training approved under section 17;
(c) under section 20, in respect of a project approved under section 19; or
(d) under section 22, in respect of a project approved under section 21
,
is granted on the conditions that
(e) the moneys will, without undue delay, be applied by the State or an instrumentality of the State for the purpose of meeting recurrent expenditure in respect of that program or project;
(f) the State will furnish to the Minister, within such period as the Minister requires, a certificate of an authorized person to the effect that the person has satisfied himself that the moneys have been applied in accordance with paragraph (e); and
(g) if the Minister informs the Treasurer of the State that he is satisfied that a condition applicable under paragraph (e) or (f) in relation to the payment has not been fulfilled, the State will re-pay to Australia such sum as the Minister determines, being a sum not exceeding the amount of the payment.
(2) Where the amount specified opposite to the name of a State in column 2 of Schedule 5 exceeds the aggregate of the amounts paid to the State in accordance with section 18 in the year that ends on 30 June 1975, the Minister may, at the request of the State, determine in writing that the amount so specified be varied by reducing that amount by an amount not exceeding the amount of that excess and that the amount specified opposite to the name of the State in column 3 of that Schedule be varied by increasing that amount by an amount equal to the amount by which column 2 of that Schedule is reduced.
(3) Where the amount specified opposite to the name of a State in column 2, 4, 6 or 8 of Schedule 6 exceeds the aggregate of the amounts paid to the State in accordance with section 20 in the year that ends on 30 June 1975, the Minister may, at the request of the State, determine in writing that the amount so specified be varied by reducing that amount by an amount not exceeding the amount of that excess and that the amount specified opposite to the name of the State in column 3, 5, 7 or 9, respectively, of that Schedule be varied by increasing that amount by an amount equal to the amount by which column 2, 4, 6 or 8 of that Schedule is reduced.
(4) Where the aggregate of the amounts paid to the States under section 22 in the year that ends on 30 June 1975 in respect of recurrent expenditure in connexion with projects for the purpose set out in paragraph 21(1)(b) is less than $65,000, the Minister may determine in writing that the maximum amount available to the States under section 22 in the year commencing on 1 July 1975 in respect of recurrent expenditure in connexion with projects for that purpose be varied by increasing that amount by an amount not exceeding the amount by which $65,000 exceeds the aggregate of the amounts so granted and this Act shall have effect accordingly.
(5) Where the Minister determines that an amount specified in a column of a Schedule be varied in accordance with sub-section (1), (2) or (3), then this Act (including sub-section (1), (2) or (3), as the case may be) shall have effect as if the amount as so varied were specified in substitution for the first-mentioned amount.
(2) Any amounts paid to a State after 30 June 1974 and before the commencement of this Act in respect of expenditure incurred in respect of the year commencing on 1 July 1974 that would, had this Act been in force at the time of the payment, have been regarded as recurrent expenditure in connexion with the provision of technical and further education at institutions of technical and further education in that State, shall be deemed to have been paid under section 12.
(2) The statement under sub-section (1) shall also specify, in respect of financial assistance granted to each State in the year to which the statement relates—
(a) in the case of financial assistance under section 6—
(i) the total of the amounts paid to the State under that section in that year; and
(ii) the major building projects for the purposes of which the amounts so paid have been applied and, in respect of each such project, the amount so applied;
(b) in the case of financial assistance under section 8—
(i) the total of the amounts paid to the State under that section in that year; and
(ii) the minor building projects and items of equipment for the purposes of which the amounts so paid have been applied and, in respect of each such project or item of equipment, the amount so applied;
(c) in the case of financial assistance under section 10—
(i) the total of the amounts paid to the State under that section in that year; and
(ii) the student residence building projects for the purposes of which the amounts so paid have been applied and, in respect of each such project, the amount so applied; and
(d) in the case of financial assistance under sections 12, 15, 18, 20 and 22, the total of the amounts paid to the State under each of those sections in that year.
(2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Minister.
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SCHEDULE 1 Section 6
CAPITAL GRANTS FOR MAJOR BUILDING PROJECTS
Column 1 | Column 2 |
Maximum | |
Name of State | Grant |
$ | |
New South Wales .......................................................................................................... | 9,677,000 |
Victoria........................................................................................................................... | 7,303,000 |
Queensland .................................................................................................................... | 3,527,000 |
South Australia .............................................................................................................. | 2,434,000 |
Western Australia .......................................................................................................... | 2,131,000 |
Tasmania ....................................................................................................................... | 778,000 |
Total .............................................................................................................................. | 25,850,000 |
SCHEDULE 2 Section 8
CAPITAL GRANTS FOR MINOR BUILDING PROJECTS AND EQUIPMENT
Column 1 | Column 2 |
Maximum | |
Name of State | Grant |
$ | |
New South Wales .......................................................................................................... | 4,758,000 |
Victoria........................................................................................................................... | 4,000,000 |
Queensland .................................................................................................................... | 1,800,000 |
South Australia .............................................................................................................. | 1,767,000 |
Western Australia .......................................................................................................... | 1,702,000 |
Tasmania ....................................................................................................................... | 1,060,000 |
Total .................................................. | 15,087,000 |
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SCHEDULE 3 Section 12
GENERAL PURPOSE RECURRENT GRANTS
Column 1 | Column 2 | Column 3 |
Year | Year | |
commencing | commencing | |
1 July 1974 | 1 July 1975 | |
Amount of | Amount of | |
Name of State | Grant | Grant |
$ | $ | |
New South Wales................................................................................... | 9,604,500 | 12,693,500 |
Victoria ................................................................................................. | 5,311,000 | 7,026,000 |
Queensland............................................................................................. | 1,860,500 | 2,463,500 |
South Australia....................................................................................... | 2,054,000 | 2,715,000 |
Western Australia................................................................................... | 1,740,000 | 2,302,000 |
Tasmania ............................................................................................... | 370,000 | 490,000 |
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SCHEDULE 4 Section15
PARTICULAR PURPOSE RECURRENT GRANTS
Column 1 | Column 2 | Column 3 |
Year | Year | |
commencing | commencing | |
1 July 1974 | 1 July 1975 | |
Maximum | Maximum | |
Name of State | Grant | Grant |
$ | $ | |
New South Wales................................................................................... | 1,480,000 | 1,970,000 |
Victoria ................................................................................................. | 1,149,000 | 1,531,000 |
Queensland............................................................................................. | 695,000 | 925,000 |
South Australia....................................................................................... | 382,000 | 508,000 |
Western Australia................................................................................... | 334,000 | 446,000 |
Tasmania ............................................................................................... | 167,000 | 223,000 |
SCHEDULE 5 Section 18 |
GRANTS FOR IN-SERVICE TEACHER TRAINING PROGRAMS
Column 1 | Column 2 | Column 3 |
Year | Year | |
commencing | commencing | |
1 July 1974 | 1 July 1975 | |
Maximum | Maximum | |
Name of State | Grant | Grant |
$ | $ | |
New South Wales................................................................................... | 310,000 | 620,000 |
Victoria ................................................................................................. | 133,000 | 267,000 |
Queensland............................................................................................. | 100,000 | 200,000 |
South Australia....................................................................................... | 117,000 | 233,000 |
Western Australia................................................................................... | 110,000 | 220,000 |
Tasmania ............................................................................................... | 30,000 | 60,000 |
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SCHEDULE 6 Section 20 | ||||||||
SPECIAL PROJECT RECURRENT GRANTS | ||||||||
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 | Column 8 | Column 9 |
Year | Year | Year | Year | Year | Year | Year | Year | |
Com- | Com- | Com- | Com- | Com- | Com- | Com- | Com- | |
mencing | mencing | mencing | mencing | mencing | mencing | mencing | mencing | |
1 July | July | 1 July | 1 July | July | 1 July | 1 July | 1 July | |
1974 | 1975 | 1974 | 1975 | 1974 | 1975 | 1974 | 1975 | |
Maximum | Maximum | Maximum | Maximum | Maximum | Maximum | Maximum | Maximum | |
Name of State | Grant | Grant | Grant | Grant | Grant | Grant | Grant | Grant |
$ | $ | $ | $ | $ | $ | $ | $ | |
New South Wales................ | 77,000 | 103,000 | 9,000 | 16,000 | 6,000 | 14,000 | 164,000 | 226,000 |
Victoria............. | 58,000 | 77,000 | 9,000 | 16,000 | 6,000 | 14,000 | 117,000 | 163,000 |
Queensland....... | 56,000 | 74,000 | 8,000 | 17,000 | 5,000 | 10,000 | 63,000 | 87,000 |
South Australia | 24,000 | 31,000 | 8,000 | 17,000 | 5,000 | 10,000 | 38,000 | 52,000 |
Western Australia............ | 19,000 | 26,000 | 8,000 | 17,000 | 5,000 | 10,000 | 25,000 | 35,000 |
Tasmania........... | 6,000 | 9,000 | 8,000 | 17,000 | 3,000 | 7,000 | 13,000 | 17,000 |
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