States Grants (Technical and Further Education Assistance) Act 1976 (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, and the Senate and House of Representatives of the Commonwealth 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; or
(d) the installation of water, electricity or other services;
“capital expenditure” means—
(a) expenditure on a building project other than a building project the estimated cost of which does not exceed $2,000; 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;
“certificate by a qualified accountant” means a certificate signed by—
(a) a person who is registered as a company auditor or a public accountant under a law of a State or Territory;
(b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or
(c) a person approved by the Minister as a qualified accountant for the purposes of this Act;
“institution providing technical and further education” means—
(a) an institution (other than a university or school) in Australia providing technical and further education, being an institution conducted by, or on behalf of, the Government of a State; or
(b) an institution or proposed institution specified in a direction for the time being in force under section 4 of the
Technical and Further Education Commission Act 1975;“major building project” means a building project (including a student residence building project) other than a minor building project;
“minor building project” means a building project (including a student residence building project)—
(a) that does not involve the purchase of land; and
(b) the estimated cost of which exceeds $2,000 but does not exceed $60,000;
“recurrent expenditure” means expenditure other than capital expenditure;
“student residence”, in relation to an institution providing 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 providing technical and further education at which the provision of technical and further education has commenced;
“technical and further education” means 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 or other skilled occupation; or
(b) that otherwise meets the educational needs of persons who are not enrolled in a full-time course of primary or secondary education at a school;
“university” means an institution or proposed institution that is a university for the purposes of the
Universities Commission Act 1959.
(2) A reference in this Act to an
institution providing technical and further education includes a reference to a
body, authority or instrumentality providing technical and further education
that is specified in a direction for the time being in force under section 4 of
the
(2) Where the Minister approves a project under sub-section (1), the Minister may also approve the amount that is, for the purposes of this Act, to be the amount of the maximum grant in relation to the project in respect of the year 1977, being an amount not exceeding the estimated expenditure on the project in respect of that year.
(3) As soon as practicable after the Minister has approved a major building project under sub-section (1), he shall cause a statement specifying the project and the amount estimated by him to be the cost of the project to be laid before each House of the Parliament.
(4) The Minister may approve particulars of a work or other matter constituting a major building project—
(a) specified in Schedule 1; or
(b) approved by the Minister under sub-section (1).
(5) The Minister may revoke or vary an approval under this section.
(2) Subject to this section, where the Minister approves, under sub-section 5(1), a major building project of an institution providing technical and further education, the Minister may authorize the payment to the State in which the institution is situated, for the purposes of financial assistance in relation to the project, of such amounts as he determines, but not exceeding, in the aggregate, the amount approved under section 5 as the amount of the maximum grant in relation to the project in respect of the year 1977.
(3) The sum of the amounts paid to a State under sub-sections (1) and (2) shall not exceed the total of the amounts specified in Schedule 1 in relation to projects of institutions providing technical and further education situated in the State.
(4) Financial assistance to a State by way of payment of moneys under this section in relation to a project of an institution providing technical and further education is granted on the conditions that—
(a) the moneys will, without undue delay, be applied by the State for the purpose of meeting expenditure in respect of the project;
(b) the State will furnish to the Minister, not later than 31 August 1978, 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 work or other matter constituting the project will be carried out in accordance with particulars of the work or matter approved under sub-section 5(4); 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 the Commonwealth such sum as the Minister determines, being a sum not exceeding the amount of the payment.
(5) Where a State requests that the amount of the maximum grant specified in Column 3 of Schedule 1 in relation to a major building project of an institution providing technical and further education be increased or reduced, the Minister may, in his discretion, determine, in writing, that this Act have effect as if there were substituted for the amount a greater or lesser amount specified in the determination.
(6) The Minister may revoke or vary a determination under sub-section (5).
(7) In this section, a reference to the amount of the maximum grant in relation to a major building project is—
(a) if the project is specified in Schedule 1—a reference to the amount of that maximum grant specified in Column 3 of that Schedule in relation to the project; or
(b) in any other case—a reference to the amount approved under sub-section 5(2) as the amount of the maximum grant in relation to the project in respect of the year 1977.
(2) The Minister shall not, after the expiration of the year 1977, 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 year.
(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) The financial assistance to a State constituted by payment of moneys under sub-section (1) in respect of minor building projects and the purchase of equipment is granted on the conditions that—
(a) the moneys will, without undue delay, be applied by the State for the purpose of meeting expenditure in respect of a minor building project of an institution providing technical and further education or the purchase of equipment by or for such an institution;
(b) the State will furnish to the Minister, on or before 31 August 1978, 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 furnish to the Minister on or before 30 September 1977 a statement specifying the minor building projects and the items of equipment on which moneys paid to the State under this section have been expended during the period of 6 months ended on 30 June 1977;
(d) the State will furnish to the Minister on or before 31 March 1978 a statement specifying the minor building projects and the items of equipment on which moneys paid to the State under this section have been expended during the period of 6 months ended on 31 December 1977; and
(e) if the Minister informs the Treasurer of the State that he is satisfied that a condition applicable under paragraph (a), (b), (c) or (d) in relation to the payment has not been so fulfilled, the State will repay to the Commonwealth such sum as the Minister determines, being a sum not exceeding the amount of the payment.
(5) For the purposes of paragraph (d) of sub-section (4), moneys paid to a State under this section after 31 December 1977 in respect of a commitment undertaken before that date shall be treated as having been expended before that date in connexion with that commitment.
(2) The financial assistance to a State constituted by the payment of moneys under sub-section (1) is granted on the conditions that—
(a) the moneys will, as soon as practicable but not later than 30 June 1978, be applied by the State, or by an instrumentality of the State, for the purpose of meeting recurrent expenditure in respect of the year 1977 in connexion with the provision of technical and further education at institutions providing technical and further education in the State;
(b) the State will cause to be furnished to the Minister, not later than 31 August 1978, 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, not later than 30 June 1978, such statistical and other information as the Minister requires in respect of the provision of technical and further education in that State during the year 1977; 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 the Commonwealth such sum as the Minister determines, being a sum not exceeding the amount of the payment.
(a) the provision of training for members of the staff of an institution providing, or an authority administering an institution providing, technical and further education, being training designed to improve the efficiency of those members in the performance of their work for the institution or authority and provided by such an institution or authority or by another body on behalf of such an institution or authority; and
(b) the collection and processing by an institution providing, or by an authority administering an institution providing, technical and further education, of statistical or other material relating to technical and further education.
(2) The Minister may revoke or vary any approval given under sub-section (1).
(3) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State for the purpose of meeting recurrent expenditure in connexion with programs approved under sub-section (1), of such amounts as he determines.
(4) The Minister—
(a) shall not authorize payments to a State under this section, in respect of programs of a kind referred to in paragraph (1)(a), that exceed, in the aggregate, the amount specified in Column 2 of Schedule 4 in relation to the State; and
(b) shall not authorize payments to a State under this section, in respect of programs of a kind referred to in paragraph (1)(b), that exceed, in the aggregate, the amount specified in Column 3 of Schedule 4 in relation to the State.
(5) Where a State requests that the amounts of the grants specified in Columns 2 and 3 of Schedule 4 in relation to a State be varied, the Minister may, in his discretion, determine, in writing, that this Act have effect as if there were substituted for those amounts the respective amounts specified in the determination.
(6) A determination under sub-section (5) shall not provide for a variation of the amounts of the grants specified in Columns 2 and 3 of Schedule 4 in relation to a State in such a way that, after the variation, the aggregate of the amounts so specified is greater or less than the amount specified in Column 4 of that Schedule in relation to the State.
(a) curriculum development;
(b) the assessment of community needs for technical and further education;
(c) the development of techniques for enabling a student to control the pace at which he makes progress in a course of study;
(d) the publicizing of technical and further education;
(e) the provision of training that is preparatory to, or supplementary to, a course of technical and further education;
(f) the provision of counselling services at institutions of technical and further education;
(g) the provision, or improvement, of external study facilities;
(h) the provision in an institution providing technical and further education, for persons who are undertaking full-time primary or secondary education, of programs designed to introduce those persons to technical and further education;
(i) the taking of measures to increase the scope of courses of technical and further education;
(j) the taking of measures to improve safety, health and welfare at institutions providing technical and further education;
(k) the taking of measures to improve the planning of major building projects;
(1) the accreditation of technical and further education courses;
(m) the improvement of educational materials and resources; and
(n) the provision of assistance towards the operating costs of student residences.
(2) The Minister may revoke or vary any approval given under sub-section (1).
(3) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of programs approved under sub-section (1), of such amounts as he determines.
(4) 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 5 in relation to the State.
(a) under section 9, in respect of a program approved under sub-section 9(1); or
(b) under section 10, in respect of programs approved under sub-section 10(1),
is granted on the conditions that—
(c) the moneys will, without undue delay, be applied by the State, or by an instrumentality of the State, for the purpose of meeting recurrent expenditure in respect of that program or those programs, as the case may be;
(d) the State will furnish to the Minister, not later than 31 August 1978, 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 (c); and
(e) if the Minister informs the Treasurer of the State that he is satisfied that a condition applicable under paragraph (c) or (d) in relation to the payment has not been fulfilled, the State will repay to the Commonwealth such sum as the Minister determines, being a sum not exceeding the amount of the payment.
(2) The Minister may revoke or vary any approval given under sub-section (1).
(3) The Minister may authorize the payment to a State under this section, by way of financial assistance in connexion with programs of adult education to be carried out in the year 1977 in the State, of such amounts as he determines.
(4) 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 6 in relation to the State.
(5) The financial assistance to a State constituted by the payment of moneys under sub-section (1) is granted on the conditions that—
(a) the State will, without undue delay, pay those moneys to the approved. authority of the State;
(b) the State will ensure that the moneys so paid to the approved authority of the State are applied by the authority, without undue delay, in making contributions towards the recurrent expenditure of a relevant body, or of relevant bodies, in connexion with the provisions by that body, or those bodies, of courses of adult education;
(c) the State will cause to be furnished to the Minister, not later than 31 August 1978, a certificate by a qualified accountant to the effect that he has satisfied himself that the moneys have been applied in accordance with paragraph (b);
(d) the State will cause to be furnished to the Minister, not later than 30 September 1977, a statement specifying the courses of adult education in respect of which payments have been made during the period of 6 months ending on 30 June 1977;
(e) the State will cause to be furnished to the Minister, not later than 31 March 1978, a statement specifying the courses of adult education in respect of which payments have been made during the period of 6 months ended on 31 December 1977; and
(f) if the Minister informs the Treasurer of the State that he is satisfied that a condition applicable under paragraph (a), (b), (c), (d) or (e) in relation to the payment has not been fulfilled, the State will repay to the Commonwealth such sum as the Minister determines, being a sum not exceeding the amount of the payment.
(6) In this section—
(a) a reference to a relevant body is a reference to a body (other than a body established by or on behalf of the Government of a State) that is not conducted for the profit, direct or indirect, of an individual or individuals; and
(b) a reference to a course of adult education, in relation to a relevant body, is a reference to a part-time course of education, being a course in respect of which—
(i) attendance is voluntary; and
(ii) no award is made, in respect of the completion of the course, or of a part of the course, that is intended as a qualification for any employment.
(a) in the case of payments under section 6 or 7—out of the Consolidated Revenue Fund or the Loan Fund; or
(b) in any other case—out of the Consolidated Revenue Fund.
(2) In any statement of the
receipts and expenditure, or of the expenditure, of the Consolidated Revenue
Fund prepared by the Treasurer under section 49 or 50 of the
(2) The Minister shall, as soon as practicable after the end of the year ended on 31 December 1977, cause to be laid before each House of the Parliament a statement specifying, in respect of financial assistance granted to each State under this Act—
(a) in the case of financial assistance under section 6—
(i) the total of the amounts paid to the State under that section in respect of 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 7—
(i) the total of the amounts paid to the State under that section in respect of 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 8—the total of the amounts paid to the State under that section in respect of that year; and
(d) in the case of financial assistance under sections 9, 10 and 12—
(i) the total of the amounts paid to the State under that section in respect of that year; and
(ii) the programs for the purposes of which the amounts so paid have been applied and, in respect of each such program, the amount so applied.
(2) A power so delegated, when exercised or performed 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.
SCHEDULE 1 Section 6(1)
CAPITAL GRANTS FOR MAJOR BUILDING PROJECTS
Column 1 | Column 2 | Column 3 | |||
Institutions providing Technical and Further Education | Projects | Maximum grants in respect of 1977 | |||
$ | |||||
New South Wales—
|
| 100,000 | |||
|
| 1,850,000 | |||
|
| 550,000 | |||
|
| 3,950,000 | |||
|
| 1,300,000 | |||
|
| 2,150,000 | |||
|
| 550,000 | |||
|
| 300,000 | |||
|
| 350,000 | |||
|
| 300,000 | |||
11,400,000 | |||||
Victoria– | |||||
|
| 300,000 | |||
|
| 2,900,000 | |||
|
| 2,200,000 | |||
|
| 1,600,000 | |||
|
| 600,000 | |||
|
| 700,000 | |||
|
| 800,000 | |||
9,100,000 | |||||
Queensland– | |||||
|
| 1,600,000 | |||
|
| 2,000,000 | |||
|
| 700,000 | |||
|
| 250,000 | |||
|
| 300,000 | |||
|
| 350,000 | |||
5,200,000 | |||||
South Australia– | |||||
|
| 3,150,000 | |||
|
| 50,000 | |||
3,200,000 | |||||
| |||||
|
| 2,500,000 | |||
|
| 300,000 | |||
2,800,000 | |||||
Tasmania– | |||||
|
| 1,000,000 | |||
1,000,000 | |||||
| 32,700,000 | ||||
SCHEDULE 2 Section 7(3)
CAPITAL GRANTS FOR MINOR BUILDING PROJECTS AND EQUIPMENT
Column 1 | Column 2 |
Name of State | Maximum grant |
$ | |
New South Wales.......................................................................................................... | 1,690,000 |
Victoria......................................................................................................................... | 1,700,000 |
Queensland.................................................................................................................... | 210,000 |
South Australia.............................................................................................................. | 320,000 |
Western Australia.......................................................................................................... | 430,000 |
Tasmania....................................................................................................................... | 220,000 |
| 4,570,000 |
SCHEDULE 3 Section 8(1)
GENERAL PURPOSE RECURRENT GRANTS
Column 1 | Column 2 |
Name of State | Maximum grant |
$ | |
New South Wales.......................................................................................................... | 11,520,000 |
Victoria......................................................................................................................... | 7,410,000 |
Queensland.................................................................................................................... | 2,390,000 |
South Australia.............................................................................................................. | 2,750,000 |
Western Australia.......................................................................................................... | 2,570,000 |
Tasmania....................................................................................................................... | 570,000 |
| 27,210,000 |
SCHEDULE 4 Section 9(3)
SPECIAL PURPOSE RECURRENT GRANTS
Column 1 | Column 2 | Column 3 | Column 4 |
Name of State | Maximum grant | Maximum grant | Aggregate amount |
$ | $ | $ | |
New South Wales................................................................. | 760,000 | 110,000 | 870,000 |
Victoria................................................................................ | 330,000 | 220,000 | 550,000 |
Queensland........................................................................... | 330,000 | 110,000 | 440,000 |
South Australia..................................................................... | 260,000 | 70,000 | 330,000 |
Western Australia................................................................. | 260,000 | 70,000 | 330,000 |
Tasmania.............................................................................. | 80,000 | 30,000 | 110,000 |
| 2,020,000 | 610,000 | 2,630,000 |
SCHEDULE 5 Section 10(3)
PARTICULAR PURPOSE RECURRENT GRANTS
Column 1 | Column 2 |
Name of State | Maximum grant |
$ | |
New South Wales......................................................................................................... | 4,450,000 |
Victoria........................................................................................................................ | 3,420,000 |
Queensland.................................................................................................................. | 1,390,000 |
South Australia............................................................................................................. | 1,120,000 |
Western Australia......................................................................................................... | 1,050,000 |
Tasmania..................................................................................................................... | 330,000 |
| 11,760,000 |
SCHEDULE 6 Section 12(3)
GRANTS FOR ADULT EDUCATION
Column 1 | Column 2 |
Name of State | Maximum grant |
$ | |
New South Wales......................................................................................................... | 76,000 |
Victoria........................................................................................................................ | 54,000 |
Queensland.................................................................................................................. | 33,000 |
South Australia............................................................................................................. | 22,000 |
Western Australia......................................................................................................... | 22,000 |
Tasmania..................................................................................................................... | 11,000 |
| 218,000 |
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