| C2004C07035 | STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989
- Updated as at 31 January 1991 (HISTACT CHAP 2852 #DATE 31:01:1991)
*1* The States Grants (Technical and Further Education Assistance) Act 1989 as shown in this reprint comprises Act No. 13, 1989 amended as indicated in the Tables below. Table of Acts Act Date Date of Application Number and of Assent Commencement saving or Year transitional provisions States Grants (Technical and Further Education Assistance) Act 1989 13, 1989 16 Mar 1989 16 Mar 1989 States Grants (Technical and Further Education Assistance) Amendment Act 1989 81, 1989 21 June 1989 21 June 1989 - Migration Legislation Amendment (Consequential Amendments) Act 1989 159, 1989 18 Dec 1989 S. 4: 19 Dec 1989 (see S.2 (2) Remainder: (a) - (a) Remainder (sections 1-3): Immediately before the commencement of section 4 of the Migration Legislation Amendment Act 1989. Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 3 am. Nos. 81 and 159, 1989 S. 6 am. No. 81, 1989 Ss. 9-11 am. No. 81, 1989 S. 14 am. No. 81, 1989 STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART 1-PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Making of determinations etc.
5. Variation of instruments
6. References to Australian Capital Territory or Northern
Territory
7. Arrangements with States
8. Student fees
PART 2-RECURRENT GRANTS
Division 1-General recurrent grants
9. Grants for recurrent expenditure
10. Grants for adult education
11. Grants for advanced English Language courses for migrants
Division 2-Special grants for non-government business colleges
12. Grants for approved courses provided by non-government
business colleges
13. Additional grants for approved courses provided by
non-government business colleges
PART 3-BUILDINGS AND EQUIPMENT
14. Grants for buildings or equipment expenditure
PART 4-MISCELLANEOUS
15. Benefits of, and opportunities created by, grants to be
equally available to male and female students
16. Additional conditions etc.
17. Amendments affecting State entitlements to grants
18. Disallowable instruments
19. Time and manner of payments
20. Delegation
21. Advances
22. Source of certain payments to States
23. Authority to borrow
24. Application of money borrowed
25. Reimbursements of Consolidated Revenue Fund from Loan Fund
26. Appropriation
PART 5-AMENDMENTS OF THE STATES GRANTS (TERTIARY EDUCATION
ASSISTANCE) ACT 1987
27. Principal Act
28. Grants for recurrent expenditure in connection with the
provision of technical and further education
29. Grants for building or equipment expenditure in connection
with the provision of technical and further education
30. Substitution of Schedule 11
PART 6-AMENDMENT OF THE EMPLOYMENT, EDUCATION AND TRAINING ACT 1988
31. Functions of the Employment and Skills Formation Council
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - LONG
TITLE
SECT
An Act relating to the funding of technical and further
education and for matters connected therewith
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - PART 1
PART 1-PRELIMINARY
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 1
Short title
SECT
1. This Act may be cited as the States Grants (Technical and Further
Education Assistance) Act 1989.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 2
Commencement
SECT
2. This Act commences on the day on which it receives the Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears:
"approved authority", in relation to a non-government business college,
means a person or body declared by the Minister to be an approved authority of
that college for the purposes of this Act;
"approved form" means a form approved by the Minister;
"business college" means a college or similar institution, whether
incorporated or unincorporated, providing courses of instruction in
secretarial studies, but does not include a particular college or institution
that provides such courses if the Minister:
(a) is notified by the State TAFE Minister for the State in which the
college or institution is situated that the college or institution is not
recognised by that State TAFE Minister as a business college; and
(b) does not approve the college or institution as a business college for
the purposes of this Act;
"business college census date" means:
(a) in relation to a month of the year 1989-the date in that month declared
by the Minister, by notice published in the Gazette, to be the business
college census date for that month; or
(b) in relation to a month of a previous year - the date in that month
declared by the Minister, under the previous Assistance Act or any earlier
Act that provided financial assistance in respect of courses at non-government
business colleges, by notice published in the Gazette, to be the business
college census date for that month;
"capital expenditure" means expenditure in relation to a building or
equipment;
"course of instruction in secretarial studies" means a course of
instruction in:
(a) shorthand;
(b) typing; or
(c) shorthand and typing;
together with other subjects suitable for preparing persons to perform
secretarial duties;
"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 connection with
such a course, and includes fees payable to the body in respect of 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:
(a) fees the payment of which is voluntary;
(b) fees payable in respect of an organisation of students, or of students
and other persons, or in respect of the provision to students of amenities or
services that are not of an academic nature;
(c) fees payable in respect of residential accommodation;
(ca) fees payable by overseas students;
(d) fees payable in connection with, or in connection with attendance for
the purposes of, studies that are not, or are not preparatory to, studies for
the purposes of obtaining a qualification relating to a trade or a technical
or other skilled occupation; or
(e) 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;
"instrument", in relation to the Minister, means a determination, approval,
declaration, direction, specification or notification made or given by the
Minister under, or for the purposes of, this Act;
"non-government business college" means a business college in a State that
is not established by the Government of the State or conducted by or on behalf
of that Government, but does not include a business college conducted for the
profit, direct or indirect, of an individual or individuals;
"overseas student":
(a) in Division 2 of Part 2-means a person (including a person who has not
attained the age of majority) who is not an Australian citizen and is
receiving instruction at a non-government business college, but does not
include a person who is, for the purposes of the Migration Act 1958, an
exempt non-citizen or a person who is, within the meaning of that Act, the
holder of a valid permanent entry permit; and
(b) otherwise-has the same meaning as in the Overseas Students Charge Act
1979;
"previous Assistance Act" means the States Grants (Tertiary Education
Assistance) Act 1987;
"qualified accountant" means:
(a) a person registered as a company auditor or a 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 Minister as a qualified accountant for the
purposes of this Act;
"qualified auditor" means:
(a) the Auditor-General of a State; or
(b) a qualified accountant;
"recurrent expenditure" means expenditure that is not capital expenditure;
"State"includes the Australian Capital Territory and the Northern
Territory.
"State TAFE Minister" means:
(a) in relation to a State other than the Australian Capital Territory or
the Northern Territory-the Minister of the Crown for that State who is
responsible, or principally responsible, for the administration of matters
relating to technical and further education in that State;
(b) in relation to the Australian Capital Territory-the Minister of that
Territory who is responsible, or principally responsible, for the
administration of matters relating to technical and further education in that
Territory; and
(c) in relation to the Northern Territory-the Minister of that Territory who
is responsible, or principally responsible, for the administration of matters
relating to technical and further education in that Territory;
"technical and further education" means education provided by way of:
(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
(b) a course provided in New South Wales or Queensland that is
recognised by the relevant authority of that State as a course of advanced
education, being a course provided by the authority of that State that is
responsible for technical and further education;
but does not include:
(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
(d) primary or secondary education provided by way of a full-time course in
a school;
"this Act" does not include Part 5.
(2) In this Act, a reference to expenditure in relation to a building
includes a reference to expenditure in relation to any of the following:
(a) the purchase of land with or without buildings;
(b) the designing, erection, alteration or extension of a building or other
facilities;
(c) the development or preparation of land for building or other purposes;
(d) the installation of water, electricity or other services; and, in the
case of the erection, alteration or extension of a building, includes a
reference to expenditure in relation to:
(e) the provision of furnishings and equipment for the building, or for the
altered parts or the extensions of the building, as the case may be; and
(f) without limiting the generality of paragraph (e), if the erection,
alteration or extension is undertaken in connection with the establishment of
a library-the provision of books and other library materials required for the
establishment of the library.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 4
Making of determinations etc.
SECT
4. Any determination, approval, declaration, direction, specification or
notification made or given by the Minister under, or for the purposes of, this
Act shall be made or given in writing.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 5
Variation of instruments
SECT
5. Where a matter specified in an instrument signed by the Minister has
been varied by another such instrument, a reference in this Act to that matter
is a reference to that matter as so varied.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 6
References to Australian Capital Territory or Northern Territory
SECT
6. The express references in this Act to the Australian Capital Territory or
the Northern Territory do not imply that references in this Act to a State do
not include references to that Territory.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 7
Arrangements with States
SECT
7. The Minister may make an arrangement with a State TAFE Minister for the
payment of money by the Commonwealth to the State under this Act for the
purposes of financial assistance in connection with the provision of technical
and further education in the State in respect of the year 1989.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 8
Student fees
SECT
8. (1) On application by a State in respect of which an arrangement is in
force under section 7, the Minister may specify, by notice published in the
Gazette, courses of technical and further education for the purposes of
subsection (2).
(2) A person who has earned a living at any time may be charged fees in
respect of undertaking, for purposes other than an initial vocational
qualification, a course specified under subsection (1).
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - PART 2
PART 2-RECURRENT GRANTS
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - DIVISION
1
Division 1-General recurrent grants
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 9
Grants for recurrent expenditure
SECT
9. (1) Subject to subsection (2), the Minister may authorise the payment
under this section to a State in respect of which an arrangement is in force
under section 7, for the purposes of financial assistance to the State in
relation to recurrent expenditure in connection with the provision of
technical and further education in the State in respect of the year 1989, of
such amount as the Minister determines.
(2) The total of the amounts determined by the Minister under subsection (1)
shall not exceed $123,787,000.
(3) Financial assistance is granted to a State under subsection (1) on the
conditions that:
(a) the State will ensure that the sum of the amounts spent by the State and
by instrumentalities of the State in the year 1989 in relation to recurrent
expenditure in connection with the provision of technical and further
education in the State is not less than the sum of the amounts of financial
assistance paid to the State under subsection (1);
(b) the State will ensure that each body providing technical and further
education in the State does not charge any student fees in respect of the year
1989 or any part of that year except as provided by section 8;
(c) the State will give to the Minister, not later than 30 September 1990, a
statement by a qualified auditor, in the approved form, as to the amounts
spent as described in paragraph (a); and
(d) the State will cause to be given to the Minister, not later than such
date as the Minister specifies, such statistical and other information as the
Minister requires in respect of the provision of technical and further
education in the State during that year.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 10
Grants for adult education
SECT
10. (1) In this section:
"relevant body" means a body (including 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.
(2) For the purposes of this section, the Minister may approve a body,
whether incorporated or unincorporated, that is recommended to the Minister by
a State TAFE Minister as an approved authority of that State for the purposes
of this section.
(3) A body in relation to which an approval was in force under section 22 of
the previous Assistance Act immediately before the commencement of this Act
shall be taken to have been approved by the Minister under subsection (2) of
this section.
(4) The Minister may authorise the payment to a State, for the purpose of
financial assistance in connection with programs of adult education, including
adult literacy programs, to be carried out in the year 1989 in the State, of
such amount as the Minister determines.
(5) The total of the amounts determined by the Minister under subsection
(4) shall not exceed $2,591,000.
(6) Financial assistance is granted to a State under subsection (4) on the
conditions that:
(a) the State will pay each amount of that financial assistance received by
it to an approved authority of the State without undue delay;
(b) the State will ensure that the sum of the amounts spent by any approved
authority of the State in making contributions towards the recurrent
expenditure of a relevant body, or of relevant bodies, in connection with the
provision, in the year 1989, by that body, or those bodies, of courses of
adult education is not less than the sum of the amounts of financial
assistance paid to the State under subsection (4); and
(c) the State will give to the Minister, not later than 30 September 1990, a
statement by a qualified auditor, in the approved form, as to the amounts
spent as described in paragraph (b).
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 11
Grants for advanced English Language courses for migrants
SECT
11. (1) Subject to subsection (2), the Minister may authorise the payment
under this section to a State in respect of which an arrangement is in force
under section 7, for the purposes of financial assistance to the State in
relation to recurrent expenditure in connection with the provision of advanced
English language courses for migrants in the State in respect of the year
1989, of such amount as the Minister determines.
(2) The total of the amounts determined by the Minister under subsection
(1) shall not exceed $4,135,000.
(3) Financial assistance is granted to a State under subsection (1) on the
conditions that:
(a) the State will ensure that the sum of the amounts spent by the State and
by instrumentalities of the State in the year 1989 in relation to recurrent
expenditure in connection with the provision of advanced English language
courses for migrants in the State is not less than the sum of the amounts of
financial assistance paid to the State under subsection (1);
(b) the State will ensure that each body in the State receiving financial
assistance by virtue of grants made under this section that provides advanced
English language courses for migrants does not charge any student fees in
respect of the year 1989 or any part of that year except as provided by
section 8;
(c) the State will give to the Minister, not later than 30 September 1990, a
statement by a qualified auditor, in the approved form, as to the amounts
described in paragraph (a); and
(d) the State will give to the Minister, not later than such date as the
Minister specifies, such statistical and other information as the Minister
requires in respect of the provision of advanced English language courses for
migrants in the State during that year.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - DIVISION
2
Division 2-Special grants for non-government business colleges
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 12
Grants for approved courses provided by non-government business colleges
SECT
12. (1) Subject to subsection (2), the Minister may authorise the payment
under this section to a State, by way of financial assistance to the State in
respect of recurrent expenditure of a non-government business college in
providing in the State, in the year 1989, a course (in this section called an
"approved course") that, immediately before the commencement of this Act, was
an approved course of instruction in secretarial studies of that college in
respect of the year 1988 under the previous Assistance Act, of such amount as
the Minister determines.
(2) The Minister shall not authorise the payment to a State under subsection
(1) in relation to an approved course of an amount that exceeds the sum of the
amounts (if any) respectively ascertained in respect of each of the months of
the year 1989 by multiplying $114.04 by the number of students receiving
instruction in that course on the business college census date for that month.
(3) In calculating the number of students receiving instruction in an
approved course of a non-government business college on the business college
census date for a month of the year 1989, the following students shall be
disregarded:
(a) a student receiving instruction in such a course on that date who was
receiving instruction in such a course on each of 10 or more previous business
college census dates (whether in that year, or in that year and in a previous
year or previous years, and whether or not the student was, on that
first-mentioned date and those previous dates, receiving instruction in the
same approved course of secretarial studies);
(b) a student who had not begun to receive instruction in such a course on
or before 23 August 1988;
(c) an overseas student.
(4) Financial assistance is granted to a State under this section in respect
of the recurrent expenditure of a non-government business college in the
provision, in that State, in the year 1989, of an approved course of that
college on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to
the approved authority of the college an amount equal to each amount paid to
the State under this section in relation to the college;
(b) the State will not make a payment to the authority under this section
unless the authority, before or at the time of accepting the first payment
under this section, has agreed or agrees with the State to be bound by the
following conditions:
(i) the authority will ensure that an amount equal to the sum of
the amounts paid to it under this section is applied for the purpose of
meeting recurrent expenditure incurred, in respect of that year, by the
college in the provision in that year of approved courses of that college;
(ii) the authority will give to the Minister, not later than 31
December 1989 or such later date (if any) as the Minister specifies, a
certificate, in the approved form, by a qualified accountant to the effect
that the accountant is satisfied that the condition specified in subparagraph
(i) has been fulfilled;
(iii) if the authority does not fulfil a condition specified in
subparagraph (i) or (ii), it will, if the Minister so directs, pay to the
State such amount (not being an amount greater than the sum of the amounts
paid to it under this section) as the Minister specifies; and
(c) if an amount that the authority is liable to pay to the State under the
condition referred to in subparagraph (b) (iii) is paid by the authority to
the State, or is recovered by the State from the authority, the State will pay
to the Commonwealth an amount equal to that amount.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 13
Additional grants for approved courses provided by non-government business
colleges
SECT
13. (1) Where:
(a) a State received financial assistance under section 25 of the previous
Assistance Act in respect of recurrent expenditure of a non-government
business college in providing in the State, in the year 1988, a course (in
this section called an "approved course") that, immediately before the
commencement of this Act, was an approved course of instruction in secretarial
studies of the college in respect of that year under that section; and
(b) the Minister is satisfied that the college had, on or before 23 August
1988, entered into commitments to provide instruction in that course in the
year 1989 to students referred to in paragraph 12 (3) (b);
the Minister may, subject to this section, authorise the payment under this
section to the State, by way of financial assistance to the State in respect
of recurrent expenditure of the college in that State in the year 1989, of
such amount as the Minister determines.
(2) The amount, or the sum of the amounts, determined by the Minister under
subsection (1) in respect of a particular college shall not exceed one-quarter
of the amount paid or payable in respect of that college under section 25 of
the previous Assistance Act.
(3) The sum of the amounts determined by the Minister under subsection (1)
in respect of all colleges shall not exceed $1,500,000.
(4) Financial assistance is granted to a State under this section in respect
of the recurrent expenditure of a non-government business college in the
provision, in that State, in the year 1989, of an approved course of that
college on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to
the approved authority of the college an amount equal to each amount paid to
the State under this section in relation to the college;
(b) the State will not make a payment to the authority under this section
unless the authority, before or at the time of accepting the first payment
under this section, has agreed or agrees with the State to be bound by the
following conditions:
(i) the authority will ensure that an amount equal to the sum of
the amounts paid to it under this section is applied for the purpose of
meeting recurrent expenditure incurred, in respect of that year, by the
college;
(ii) the authority will give to the Minister, not later than 31
December 1989 or such later date (if any) as the Minister specifies, a
certificate, in the approved form, by a qualified accountant to the effect
that the accountant is satisfied that the condition specified in subparagraph
(i) has been fulfilled;
(iii) if the authority does not fulfil a condition specified in
subparagraph (i) or (ii), it will, if the Minister so directs, pay to the
State such amount (not being an amount greater than the sum of the amounts
paid to it under this section) as the Minister specifies; and
(c) if an amount that the authority is liable to pay to the State under the
condition referred to in subparagraph (b) (iii) is paid by the authority to
the State, or is recovered by the State from the authority, the State will pay
to the Commonwealth an amount equal to that amount;
and on such other conditions (if any) as the Minister specifies.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - PART 3
PART 3-BUILDINGS AND EQUIPMENT
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 14
Grants for buildings or equipment expenditure
SECT
14. (1) The Minister may approve a proposal for expenditure by a State and
instrumentalities of the State in relation to a building or equipment in
connection with the provision of technical and further education in the State
in respect of the year 1989 subject to such conditions as the Minister
specifies.
(2) The reference in subsection (1) to a proposal for expenditure in
relation to a building or equipment includes a proposal for expenditure in
relation to:
(a) a building or equipment that is to be used partly in connection with the
provision of technical and further education and partly for educational
purposes by students enrolled in schools or in institutions of higher
education; or
(b) child care facilities to which students enrolled in courses of technical
and further education will have access.
(3) The Minister shall not approve a proposal for expenditure in relation to
a building or equipment unless:
(a) a proposal for expenditure in relation to that building or equipment was
approved under section 31 of the previous Assistance Act and expenditure was
incurred by the relevant State or an instrumentality of that State in respect
of the last-mentioned proposal in the year 1988; or
(b) an arrangement is in force in respect of the relevant State under
section 7.
(4) Where the Minister approves a proposal, the Minister shall determine an
amount, not exceeding the estimated expenditure on the proposal in the year
1989, as the amount of the approved expenditure in relation to the proposal.
(5) Subject to subsection (6), the Minister may, in relation to each
approved proposal under subsection (1), authorise the payment to the relevant
State, by way of financial assistance, of an amount equal to the amount of the
approved expenditure in relation to the proposal.
(6) The total of the amounts determined by the Minister under this section
shall not exceed $192,201,000.
(7) Financial assistance is granted to a State under subsection (5) in
relation to an approved proposal at a body providing technical and further
education on the conditions that:
(a) the State will without undue delay:
(i) pay to the body each amount of that financial assistance
received by the State; or
(ii) apply each amount of that financial assistance received by
the State;
(b) the State will ensure that the sum of:
(i) the amounts spent by the State and by instrumentalities of the
State in relation to work carried out before 1 January 1990 in connection with
proposals for expenditure approved under subsection (1) in relation to
buildings; and
(ii) the amounts spent by the State and by instrumentalities of
the State in connection with proposals for expenditure approved under
subsection (1) in relation to equipment, being amounts spent before 1 January
1990 or spent on or after that date in respect of commitments entered into
before that date;
is not less than the sum of the amounts of financial assistance paid to the
State under subsection (5) in relation to the proposals;
(c) the State will ensure that each body providing technical and further
education in the State does not charge any student fees in respect of the year
1989 or any part of that year except as provided by section 8;
(d) the State will give to the Minister, not later than 30 September 1990, a
statement by a qualified auditor, in the approved form, as to the amounts
spent as described in paragraph (b); and
(e) the State will cause to be given to the Minister, not later than such
date as the Minister specifies, such statistical and other information as the
Minister requires in respect of the provision of technical and further
education in the State during that year.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - PART 4
PART 4-MISCELLANEOUS
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 15
Benefits of, and opportunities created by, grants to be equally available to
male and female students
SECT
15. (1) A payment under this Act to a State for the purposes of financial
assistance is granted on the condition that the State will ensure that the
benefits of, and the opportunities created by, the payment will, as far as
practicable, be equally available to male students and female students.
(2) Subsection (1) does not apply in relation to a payment made for the
purpose of providing a course of instruction at a non-government business
college whose students are all of the same sex.
(3) Where:
(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 students and female students; and
(b) an object of the project, program or expenditure is to secure the
adequate advancement of persons of one sex who require special assistance in
order to ensure that persons of that sex have equal opportunities with persons
of the other sex in connection with education or training;
the benefits of, or the opportunities created by, the project, program or
expenditure shall be taken, for the purposes of this Act, to be equally
available to male students and female students.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 16
Additional conditions etc.
SECT
16. In addition to the conditions specified in any other provision of this
Act, financial assistance is granted to a State under this Act in respect of a
year on the conditions that:
(a) if the Minister informs the State that the Minister is satisfied that
the State has failed to fulfil a condition applicable to that financial
assistance, the State will pay to the Commonwealth the amount (if any)
specified by the Minister, not exceeding the amount of the financial
assistance; and
(b) if the amount of the financial assistance paid to the State under a
provision of this Act exceeds the amount of that financial assistance that is
properly payable to the State under that provision, the State will pay an
amount equal to the excess to the Commonwealth.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 17
Amendments affecting State entitlements to grants
SECT
17. The Minister shall not make a determination under section 9, 10, 11, 12,
13 or 14:
(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
(b) that could result in a State becoming liable to pay an amount to the
Commonwealth.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 18
Disallowable instruments
SECT
18. A determination made by the Minister under section 9, 10, 11, 12, 13 or
14 is a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 19
Time and manner of payments
SECT
19. Financial assistance payable to a State under this Act shall be paid in
such amounts, and at such times, as the Minister determines.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 20
Delegation
SECT
20. The Minister may, by writing signed by the Minister, delegate to an
officer of the Department all or any of the Minister's powers under this Act.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 21
Advances
SECT
21. The Minister may make arrangements for the making of advances by the
Minister to a State, by way of financial assistance to the State, on account
of an amount that is expected to become payable under a provision of this Act
to the State, and the conditions that would be applicable to a payment of the
amount under that provision are applicable to any such advance.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 22
Source of certain payments to States
SECT
22. Payments (including an advance under section 21) to a State under this
Act may be made out of:
(a) in the case of payments under Part 3-the Consolidated Revenue Fund or
the Loan Fund; or
(b) in any other case-the Consolidated Revenue Fund.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 23
Authority to borrow
SECT
23. The Treasurer may, from time to time, in accordance with the provisions
of the Commonwealth Inscribed Stock Act 1911, or in accordance with the
provisions of an Act authorising the issue of Treasury Bills, borrow money the
total amount of which does not exceed the sum of the amounts payable to the
States under Part 3.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 24
Application of money borrowed
SECT
24. Money borrowed under section 23 shall be issued and applied only for the
expenses of borrowing, for the purpose of making payments to the States in
accordance with Part 3 and for the purpose of making payments to the
Consolidated Revenue Fund in accordance with section 25.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 25
Reimbursements of Consolidated Revenue Fund from Loan Fund
SECT
25. (1) Where an amount has been paid out of the Consolidated Revenue Fund
in accordance with Part 3, the Minister for Finance may authorise 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, 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 spent from that Fund under this Act.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 26
Appropriation
SECT 26. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act. STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - PART 5
PART 5-AMENDMENTS OF THE STATES GRANTS (TERTIARY EDUCATION
ASSISTANCE) ACT 1987
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 27
Principal Act
SECT
27. In this Part, "Principal Act" means the States Grants (Tertiary
Education Assistance) Act 1987.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 28
Grants for recurrent expenditure in connection with the provision of technical
and further education
SECT
28. Section 21 of the Principal Act is amended by omitting from subsection
(2) "$104,710,000" and substituting "$105,100,000".
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 29
Grants for building or equipment expenditure in connection with the provision
of technical and further education
SECT
29. Section 31 of the Principal Act is amended by omitting from subsection
(4) "$180,368,000" and substituting "$180,470,000".
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 30
Substitution of Schedule 11
SECT
30. Schedule 11 to the Principal Act is repealed and the Schedule set out in
the Schedule to this Act is substituted.
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - PART 6
PART 6-AMENDMENT OF THE EMPLOYMENT, EDUCATION AND TRAINING ACT 1988
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 - SECT 31
Functions of the Employment and Skills Formation Council
SECT
31. (1) In this section, "Principal Act" means the Employment, Education and
Training Act 1988.
(2) Section 26 of the Principal Act is amended by adding after paragraph (1)
(b) "(c) to inquire into, and, from time to time, report to the Board with
respect to, the operation of arrangements referred to in section 7 of the
States Grants (Technical and Further Education Assistance) Act 1989 and in
particular to monitor the application of arrangements and advise on their role
in supporting Commonwealth priorities.".
STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 -
SCHEDULE
SCH
SCHEDULE Section 30
SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 11 TO THE STATES GRANTS
(TERTIARY EDUCATION ASSISTANCE) ACT 1987
SCHEDULE 11 Section 25
MAXIMUM MONTHLY CAPITATION AMOUNT OF COMMONWEALTH ASSISTANCE
TO NON-GOVERNMENT BUSINESS COLLEGES
Column 1 Column 2
Name of month Maximum capitation
amount in respect
of 1988
January to March 111.28
April to June 111.71
July to September 111.71
October to December 114.04
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