States Grants (Tertiary Education Assistance) Act 1978 (Cth)
This compilation was prepared on 28 August 2000
taking into account amendments up to Act No. 118 of 1999
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
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This Act may be cited as the
States Grants (Tertiary Education Assistance) Act 1978 .
(1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Sections 42, 47 and 48 shall be deemed to have come into operation on 1 January 1978.
(1) In this Act, unless the contrary intention appears:
Academic Salaries Tribunal means the Tribunal established under that name by section 12B of theRemuneration Tribunal Act 1973 .
building project means:
(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; or
(d) the installation of water, electricity or other services.
college of advanced education means an institution that is a college of advanced education for the purposes of theTertiary Education Commission Act 1977 other than such an institution that is situated in a Territory.
commencing day means the day on which this Act receives the Royal Assent.
Commission means the Commonwealth Tertiary Education Commission established by theCommonwealth Tertiary Education Act 1977 .
prescribed staff , in relation to a University or college of advanced education, means:
(a) the members of the staff (whether employed on a full‑time or part‑time basis) of the University or college:
(i) who are employed by the University or college wholly or principally in teaching or research or in both teaching and research; or
(ii) to whom persons referred to in subparagraph (i) are responsible in relation to the teaching or research in which they are employed;
but does not include members of the staff employed wholly or principally in support of other members of the staff who are employed in research; and
(b) those senior officers of the University or college in respect of whom the Academic Salaries Tribunal has recommended rates of salaries in a report or reports of a kind referred to in paragraph 12D(2)(c) of the
Remuneration Tribunals Act 1973 .
qualified auditor means:
(a) in relation to the furnishing of a statement, for the purposes of a condition of a grant of financial assistance to a State under this Act, in relation to a University, a college of advanced education or a student residence or affiliated college of a University or college of advanced education:
(i) the Auditor‑General of the State;
(ii) a person who is registered as a company auditor or public accountant under a law in force in a State or Territory;
(iii) a member of the Institute of Chartered Accountants or of the Australian Society of Accountants; or
(iv) a person approved by the Commission as a person competent to furnish such a statement;
other than such a person who is employed by the University, by the college or by the body administering the college, student residence or affiliated college, as the case may be; and
(b) in relation to the furnishing of a statement for the purposes of a condition of a grant of financial assistance to New South Wales under section 20—a person referred to in subparagraph (a)(i), (ii), (iii) or (iv), other than such a person who is employed by the New South Wales Higher Education Board or by the National Institute of Dramatic Art.
technical and further education institution means:
(a) an institution (other than a university or school), situated in a State, that provides technical and further education, being an institution conducted by, or on behalf of, the Government of a State; or
(b) an institution situated in a State, or a proposed institution to be situated in a State, that is specified in a direction for the time being in force under section 5 of the
Commonwealth Tertiary Education Commission Act 1977 .
University means an institution that is a University for the purposes of theCommonwealth Tertiary Education Commission Act 1977 other than such an institution that is situated in a Territory.
year to which this Act applies means any one of the years 1979, 1980 and 1981.
(2) Where the Minister is satisfied that an institution, being a University, college of advanced education or technical and further education institution that is known by a name other than a name specified in a Schedule is substantially identical with an institution specified in a Schedule, the Minister may, in his discretion and with the approval of the State in which the first‑mentioned institution is situated, by instrument in writing, declare that he is so satisfied, and, upon the making of the declaration, the first‑mentioned institution shall, for the purposes of this Act, be deemed to be the institution so specified in that Schedule.
(3) For the purposes of this Act:
(a) a State shall be deemed to have paid moneys to a college of advanced education that is not a body corporate if it has paid those moneys to the body administering that college; and
(b) a college of advanced education that is not a body corporate shall be deemed to have done any act or thing that is required or permitted by this Act to be done if the body administering the college has done that act or thing.
(4) In this Act, unless the contrary intention appears, a reference to a State shall be read as including a reference to the Northern Territory.
(5) For the purposes of this Act, the Darwin Community College shall be deemed to be an institution conducted on behalf of the Government of the Northern Territory.
(6) In this Act, a reference to a report of the Academic Salaries Tribunal shall be read as a reference to a report of that Tribunal of a kind referred to in paragraph 12C(b), 12D(2)(c), 12DB(2)(b), 12DB(3)(a) and 12DC(1)(b) of the
Remuneration Tribunal Act 1973 .
(1) For the purposes of this Act, the Minister:
(a) may approve a building project (other than a minor building project within the meaning of Part II) submitted to him by a University as an approved building project of the University in respect of a year to which this Act applies;
(b) may approve a building project (other than a minor building project within the meaning of Part III) submitted to him by a State as an approved building project of a college of advanced education in respect of a year to which this Act applies;
(c) may approve a building project (other than a minor building project within the meaning of Part IV) submitted to him by a State as an approved building project of a technical and further education institution in respect of a year to which this Act applies; and
(d) may direct that information included in a specified class of information be furnished to the Commission in respect of building projects (not being minor building projects of technical and further education institutions) included in a specified class of building projects at such times and in such manner as are specified in the direction.
(2) The building projects that may be approved by the Minister under subsection (1) in respect of a year to which this Act applies are building projects additional to the building projects specified in Schedule 7, Schedule 7A or Schedule 7B, whichever is applicable to that year.
(3) Where the Minister approves a building project under subsection (1), in respect of a year to which this Act applies, the Minister shall also approve:
(a) an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project; and
(b) an amount of expenditure, not exceeding the estimated expenditure on the project in that year, as the amount of the approved expenditure on the project in respect of that year.
(4) As soon as practicable after the Minister has approved a building project under subsection (1), in respect of a year to which this Act applies, the Minister shall cause a statement specifying the project, the approved cost of the project and the approved expenditure on the project in respect of that year to be laid before each House of the Parliament.
(5) For the purposes of this Act, where information is furnished to the Commission in accordance with a direction under paragraph (1)(d) with respect to a building project of a University, or with respect to a building project of a college of advanced education or a technical and further education institution, in a State, being a building project specified in Schedule 7, Schedule 7A or Schedule 7B or a minor building project approved by the Commission in respect of a year to which this Act applies, the Commission shall, after consideration of that information, give directions to the University, or to the State, as the case may be, with respect to the manner in which the project is to be carried out.
(6) The Minister may vary or revoke an approval or direction given by him under this section and the Commission may vary or revoke a direction given by it under this section.
(1) In this Part, unless the contrary intention appears:
capital expenditure means expenditure on a building project.
minor building project in relation to a University, means a building project included in a class of building projects determined by the Minister to be a class of minor building projects in respect of that University, or of a class of Universities in which that University is included.
university purposes , in relation to a University, means:
(a) the general teaching and research purposes of the University in connexion with courses of study provided by that University (including preparatory work in connection with proposed courses of study); and
(b) building projects of the University, not being building projects that involve the purchase of land, in relation to each of which the total expenditure does not exceed $30,000 or an amount equal to 0.25 per centum of the amount specified in Column 2 of Schedule 1 in relation to that University, whichever is the lesser amount.
recurrent expenditure means expenditure that is not capital expenditure.
(2) In this Act, a reference to a teaching hospital of a University shall be read as including a reference to a hospital in which students enrolled in the Faculty of Medicine, or School of Medicine, of that University receive clinical instruction.
(3) Where a building project of a University consists of, or includes, the erection, alteration or extension of a building, that project shall be deemed to include the provision of furnishings for the building, or for the altered parts or the extensions of the building, as the case may be.
(1) Where the Commission is satisfied that the introduction at any University, in the year 1980 or a subsequent year, of any of the courses of study included in a class of courses of study would involve a new teaching development, the Commission may recommend to the Minister that he declare that class to be a class of courses of study to which this section applies.
(2) The Minister may, upon the recommendation of the Commission under subsection (1), by instrument in writing, declare a class of courses of study to be a class of courses of study to which this section applies.
(3) The Commission may, in its discretion, determine that it does not approve, for the purpose of grants of financial assistance under this Act, the introduction at a University of a relevant course of study proposed to be introduced at the University in the year 1980 or a subsequent year, and may revoke such a determination.
(4) As soon as practicable after the Commission makes or revokes a determination under subsection (3) relating to the introduction of a course of study at a University, the Commission shall give notice of the making or revocation of the determination to the University and to the Minister.
(5) As soon as practicable after the end of a year to which this Act applies in which the Commission has made or revoked any determinations under subsection (3), the Minister shall cause a statement setting out particulars of the determinations so made or revoked to be laid before each House of the Parliament.
(6) For the purposes of subsection 6(2A), a determination under subsection (3) of this section relating to the introduction of a relevant course of study at a University shall be deemed to come into force when notice of the making of the determination is given to the University under subsection (4) and to remain in force until the determination is revoked by the Commission.
(7) As soon as practicable after the Minister makes a declaration under subsection (2), he shall cause a copy of the declaration to be furnished to each University in Australia.
(8) In this section,
relevant course of study means a course of study included in a class of courses of study declared, by a declaration under subsection (2) that is in force, to be a class of courses of study to which this section applies.
(1) In relation to each University specified in Column 1 of Schedule 1, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to the expenditure of the University for university purposes in respect of a year to which this Act applies, the amount specified in Schedule 1 in relation to that University and to that year.
(2) Financial assistance is granted to a State under subsection (1) in relation to a University in respect of a year to which this Act applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the University without undue delay;
(b) the State will ensure that the amount expended by the University for university purposes in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in relation to the University in respect of that year;
(c) the State will ensure that no University situated in the State charges fees in respect of that year or any part of that year;
(d) the State will ensure that the University furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the University for university purposes in respect of that year; and
(e) the State will cause to be furnished to the Commission by the University, not later than such date as the Commission specifies, such statistical and other information as the Commission requires from the University in respect of the provision of tertiary education by the University during that year.
(2AA) Financial assistance is granted to a State under subsection (1) in relation to a University in respect of the year 1981 on the further condition that the State will ensure that the statement of a qualified auditor that is required to be furnished to the Commission under paragraph 6(2)(d) is accompanied by a certificate by the auditor certifying:
(a) whether he is satisfied that the prescribed staff of the University comprising each category or class of persons in respect of which the Academic Salaries Tribunal had, in a report or reports of that Tribunal, recommended a rate of salary, or a scale of rates of salary, applicable to that year or a part of that year had been paid salary, in respect of that year or that part of that year, in accordance with those recommendations; and
(b) if he is not so satisfied—also certifying, in respect of each of those categories or classes of persons in respect of which he is not so satisfied, the rate or scale of rates at which salary was paid, in respect of that year or that part of that year, to the prescribed staff of the University comprising that category or class.
(2A) Where a determination is made under subsection 5A(3) relating to the introduction of a course of study at a University, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course), or, if the course is introduced at the University, in connection with the provision of the course, that is incurred by the University while the determination is in force does not count as expenditure by the University for university purposes in the application of subsections (2), (4) and (6) of this section to and in relation to financial assistance granted to a State in relation to the University.
(3) Where a purpose is specified in Column 2 of Schedule 2 in relation to a University specified in Column 1 of that Schedule and an amount is specified in that Schedule in relation to that purpose and to a year to which this Act applies, financial assistance in respect of that year is granted under subsection (1) to the State in which the University is situated on the further condition that the State will ensure that the amount expended by the University in respect of that year for university purposes included in the purpose so specified is not less than that amount.
(4) Where the Commission is satisfied that the amount paid to a State in relation to the recurrent expenditure of a University for university purposes in respect of a year (in this subsection referred to as the
base year ), being the year 1978, 1979 or 1980, under section 6 of theStates Grants (Tertiary Education Assistance) Act 1977 , or under this section, as the case requires, exceeded the amount expended by the University for those purposes in respect of the base year, the Commission shall direct that the amount (in this subsection referred to as therelevant amount ) specified in Schedule 1 in relation to that University and to the year next following the base year shall be deemed to have been increased by the amount of the excess or by the prescribed amount applicable to that University in relation to the base year, whichever is the less, and, upon the Commission’s giving that direction:
(a) there shall be deemed to have been specified in that Schedule (as from 1 January in the year next following the base year) in substitution for the relevant amount, the relevant amount as so increased;
(b) the amount so paid to the State in relation to recurrent expenditure of that University for university purposes in respect of that first‑mentioned year shall be deemed to have been reduced by an amount equal to the amount of the excess; and
(c) an amount equal to the amount of the excess shall be deemed to have been paid to the State under this Act for the purpose of financial assistance in relation to recurrent expenditure of the University for university purposes in respect of the year next following the base year.
(5) Where the amount of the excess referred to in subsection (4) in relation to a University in respect of a year exceeds the prescribed amount in relation to that University in respect of that year the Minister may, if he is satisfied that there are special circumstances that warrant his so doing, at the request of the State in which the University is situated, being a request made not later than 30 September next following the expiration of that year, direct that the amount (in this subsection referred to as the
relevant amount ) specified in Schedule 1 in relation to that University and to the next following year be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds that prescribed amount, and, where the Minister gives that direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January in that next following year), in substitution for the relevant amount, the relevant amount as so increased.
(6) Where the amount expended by a University on university purposes in respect of a year, being the year 1978, 1979 or 1980, exceeded the sum of the amounts of financial assistance paid to the State in which that University was situated in relation to recurrent expenditure by that University on such purposes in respect of that year, under section 6 of the
States Grants (Tertiary Education Assistance) Act 1977 , or under this section, as the case requires, then, for the purposes of this Act, an amount equal to the excess in respect of that year shall be treated as if it had been expended by the University on university purposes in respect of the next following year.(7) As soon as practicable after the Commission has given a direction under subsection (4), the Commission shall furnish to the Minister particulars of the direction.
(8) In this section:
(a) a reference to university purposes in respect of a year, being the year 1978, 1979, 1980 or 1981 shall be read as a reference:
(i) in the case of the year 1978—to university purposes within the meaning of the
States Grants (Tertiary Education Assistance) Act 1977 ; and(ii) in the case of the year 1979, 1980 or 1981—to university purposes within the meaning of this Act; and
(b) a reference to the prescribed amount applicable to the University in relation to a year, being the year 1978, 1979 or 1980, shall be read as a reference:
(i) in the case of the year 1978—to the greater of $30,000 and an amount equal to 1% of the amount paid to the State in which that University is situated in relation to recurrent expenditure of that University for university purposes in respect of that year under section 6 of the
States Grants (Tertiary Education Assistance) Act 1977 ; and(ii) in the case of the year 1979 or 1980—to the greater of $30,000 and an amount equal to 1% of the amount paid to the State in which that University is situated in relation to recurrent expenditure of that University for university purposes in respect of that year under this section.
(9) In this section,
fees means tuition, examination, matriculation and other fees payable to a University by a student enrolled at, or applying for enrolment at, the University in connection with a course of study or attendance at the University, and includes fees payable to the University in respect of the conferring of a degree or diploma, but does not include:
(a) fees the payment of which is voluntary;
(b) fees payable in respect of an organization 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 in respect of residential accommodation; or
(d) fees payable in connection with, or in connection with attendance for the purposes of, studies that are not included in the studies that are required or permitted to be undertaken for the purpose of obtaining a degree or diploma of the University.
(1) In relation to each University specified in Column 1 of Schedule 3, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to research expenses of the University in respect of a year to which this Act applies, the amount specified in Schedule 3 in relation to the University and to that year.
(2) Financial assistance is granted to a State under subsection (1) in relation to a University in respect of a year to which this Act applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the University without undue delay;
(b) the State will ensure that the amount expended by the University for the purpose of meeting the research expenses of the University in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the University; and
(c) the State will ensure that the University furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the University for the purpose of meeting the research expenses of the University in respect of that year.
(1) A University specified in Column 1 of Schedule 4 may, from time to time, submit for the approval of the Commission proposals for expenditure on equipment for use by the University.
(2) The Commission may approve a proposal submitted to it by a University under subsection (1) as an approved proposal of the University in respect of a year to which this Act applies subject to such conditions as the Commission determines, and may revoke or vary any such proposal.
(3) In relation to each University specified in Column 1 of Schedule 4, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the University in connection with an approved proposal or approved proposals of the University in respect of a year to which this Act applies, the amount specified in that Schedule in relation to the University and to that year.
(4) Financial assistance is granted to a State under this section in relation to approved proposals of a University in respect of a year to which this Act applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the University without undue delay;
(b) the State will ensure that the sum of the amounts expended by the University in connection with approved proposals of the University in respect of that year, being amounts expended before 1 January next following the end of that year or expended 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 this section in relation to approved proposals of the University in respect of that year; and
(c) the State will ensure that the University furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure by the University in connection with approved proposals of the University in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.
(5) Financial assistance is granted to a State under this section in relation to approved proposals of a University in respect of a year to which this Act applies, being a University specified in column 1 of Schedule 5, on the further condition that the State will ensure that the sum of the amounts expended by the University in connection with approved proposals of the University in respect of that year in respect of equipment specified in column 2 of Schedule 5 in relation to the University, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the amount specified in Schedule 5 in relation to that equipment and to that year.
(1) There is payable to each State, for the purposes of financial assistance in relation to student residences and affiliated colleges of Universities situated in that State, in respect of a year to which this Act applies, amounts determined in accordance with this section.
(2) In relation to each student residence of a University, there is payable to the State in which the University is situated, in respect of the year 1979:
(a) an amount equal to the sum of $10,031 and the amount ascertained by multiplying $156.48 by the prescribed number of students for that year in relation to that student residence; or
(b) an amount ascertained by multiplying $354.43 by the prescribed number of students for that year in relation to that student residence;
whichever is the lesser amount.
(2A) In relation to each student residence of a University, there is payable to the State in which the University is situated, in respect of the year 1980:
(a) an amount equal to the sum of $11,057 and the amount ascertained by multiplying $172.48 by the prescribed number of students for that year in relation to that student residence; or
(b) an amount ascertained by multiplying $390.67 by the prescribed number of students for that year in relation to that student residence;
whichever is the lesser amount.
(2B) In relation to each student residence of a University, there is payable to the State in which the University is situated, in respect of the year 1981:
(a) an amount equal to the sum of $12,726 and the amount ascertained by multiplying $198.52 by the prescribed number of students for that year in relation to that student residence; or
(b) an amount ascertained by multiplying $449.67 by the prescribed number of students for that year in relation to that student residence;
whichever is the lesser amount.
(3) In relation to each affiliated college of a University, there is payable to the State in which the University is situated, in respect of a year to which this Act applies, an amount ascertained by multiplying the basic grant in respect of that college for that year by the prescribed number of students for that year in relation to that college.
(4) For the purposes of subsection (3), the basic grant in respect of an affiliated college for the year 1979 is:
(a) if the prescribed number of students for that year in relation to that college is less than 50—$354.43;
(b) if the prescribed number of students for that year in relation to that college is more than 49 but less than 75—$354.43 reduced by $2.68 for each student by which the prescribed number of students exceeds 50;
(c) if the prescribed number of students for that year in relation to that college is more than 74 but less than 100—$287.55 reduced by $1.34 for each student by which the prescribed number of students exceeds 75; and
(d) if the prescribed number of students for that year in relation to that college is more than 99—$254.13 reduced by $0.21 for each student by which the prescribed number of students exceeds 100.
(4A) For the purposes of subsection (3), the basic grant in respect of an affiliated college for the year 1980 is:
(a) if the prescribed number of students for that year in relation to that college is less than 50—$390.67;
(b) if the prescribed number of students for that year in relation to that college is more than 49 but less than 75—$390.67 reduced by $2.95 for each student by which the prescribed number of students exceeds 50;
(c) if the prescribed number of students for that year in relation to that college is more than 74 but less than 100—$316.95 reduced by $1.47 for each student by which the prescribed number of students exceeds 75; or
(d) if the prescribed number of students for that year in relation to that college is more than 99—$280.12 reduced by $0.23 for each student by which the prescribed number of students exceeds 100.
(4B) For the purposes of subsection (3), the basic grant in respect of an affiliated college for the year 1981 is:
(a) if the prescribed number of students for that year in relation to that college is less than 50—$449.67;
(b) if the prescribed number of students for that year in relation to that college is more than 49 but less than 75—$449.67 reduced by $3.39 for each student by which the prescribed number of students exceeds 50;
(c) if the prescribed number of students for that year in relation to that college is more than 74 but less than 100—$364.82 reduced by $1.70 for each student by which the prescribed number of students exceeds 75; or
(d) if the prescribed number of students for that year in relation to that college is more than 99—$322.42 reduced by $0.26 for each student by which the prescribed number of students exceeds 100.
(5) For the purposes of subsections (2), (2A), (2B), (3), (4), (4A) and (4B), the prescribed number of students for a year to which the Act applies in relation to a student residence or an affiliated college shall be ascertained, subject to subsection (6), by adding:
(a) the number of resident full‑time undergraduate students at that student residence or affiliated college in that year;
(b) one‑half of the number of resident full‑time post‑graduate students at that student residence or affiliated college in that year; and
(c) one‑tenth of the number of non‑resident students receiving tutorial assistance at that student residence or affiliated college in that year.
(6) Where, but for this subsection, the prescribed number of students for a year to which this Act applies in relation to a student residence or affiliated college ascertained in accordance with subsection (5) would include a fraction, the prescribed number of students is:
(a) if the fraction is not less than one‑half—one more than the number so ascertained, disregarding the fraction; or
(b) in any other case—the number so ascertained, disregarding the fraction.
(7) Where a student residence or an affiliated college, or a part of such a residence or college was not in use during the whole of the academic year comprised in a year to which this Act applies, the Commission may determine that an amount payable under this section in respect of that year in relation to that residence or college shall be such part only of the amount that would otherwise be payable as the Commission thinks appropriate.
(8) Financial assistance is granted to a State under this section in relation to a student residence or affiliated college of a University in respect of a year to which this Act applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the University or to the body administering the student residence or affiliated college without undue delay;
(b) the State will ensure that the amount expended by the University or other body administering the student residence or affiliated college, for the provision of tutorial assistance to students of, or for meeting the administrative costs of, the student residence or affiliated college in respect of that year, is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to that student residence or affiliated college in respect of that year; and
(c) the State will ensure that the University or other body administering the student residence or affiliated college furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the University or other body for the provision of the tutorial assistance, or for meeting the administrative costs, referred to in paragraph (b).
(9) For the purposes of subsection (5), the number of students at a student residence or affiliated college included in a class of students referred to in that subsection for a year is the number that is the average of the maximum numbers of students of that class during the several terms of that year.
(10) This section does not apply in relation to a student residence or affiliated college that does not provide collegiate accommodation.
(11) In this section:
affiliated college , in relation to a University means a residential college (not being a student residence) affiliated with the University and approved by the Commission, for the purpose of this Act, as an affiliated college.
collegiate accommodation means residential accommodation (including related facilities) for students of a University, being accommodation that, having regard to the facilities and services provided for the students, is, in the opinion of the Commission, of a collegiate nature.
full‑time student means a student who is pursuing, at a University or at a college of advanced education, a course of study, either at undergraduate or at post‑graduate level, which the Commission is satisfied is such as reasonably to require the attention of the student on a full‑time basis.
non‑resident student , in relation to a student residence or an affiliated college, means a student of a University not occupying collegiate accommodation at that, or at any other, student residence or affiliated college, who is enrolled as a non‑resident student of that residence or college and is receiving at that residence or college tutorial assistance other than tutorial assistance that is provided by the relevant University to all students of that University pursuing a particular course of study.
resident full‑time post‑graduate student , in relation to a student residence or affiliated college, means a full‑time student who is a resident of the student residence or affiliated college occupying collegiate accommodation and is engaged at a University or at a college of advanced education in study or research at post‑graduate level.
resident full‑time undergraduate student , in relation to a student residence or affiliated college, means a full‑time student, not being a resident full‑time post‑graduate student, who is a resident of the student residence or affiliated college occupying collegiate accommodation.
student residence , in relation to a University, means a hall, college or other establishment at which any students of the University reside, being an establishment:
(a) administered by the University or by a body corporate established by the University; and
(b) approved by the Commission, for the purposes of this Act, as a student residence.
(1) Where a University is specified in Column 1 of Schedule 6 and an amount is specified in that Schedule in relation to that University and to a year to which this Act applies, there is payable to the State in which the University is situated, for the purpose of financial assistance in respect of contributions by the University towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the University, the amount so specified.
(2) Financial assistance is granted to a State under subsection (1) in relation to the teaching hospitals of a University in respect of a year to which this Act applies on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the University without undue delay;
(b) the State will ensure that the amount expended by the University in making contributions towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the University is not less than the sum of the amounts paid to the State by way of financial assistance under this section in relation to the teaching hospital or teaching hospitals of that University in respect of that year; and
(c) the State will ensure that the University furnishes to the Commission, not later than 30 September next following the expiration of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the University in making contributions towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the University.
(3) In this section,
appropriate costs , in relation to a teaching hospital of a University, are:
(a) the expenditure (other than expenditure on building projects or expenditure on the purchase of equipment) incurred by the hospital in relation to parts of the hospital used exclusively by students enrolled in the Faculty of Medicine, or School of Medicine, of the University, and by students enrolled in the Faculty of Medicine, or School of Medicine, of any other University in relation to which that hospital is a teaching hospital, and by their teachers and to facilities and equipment so used in connection with those parts of the hospital; and
(b) the expenditure, up to an amount of $3,300, incurred in the purchase of books and periodicals for the medical library of the hospital.
(1) Subject to subsection (3), in relation to each building project specified, in relation to a University, in Column 2 of Part I of Schedule 7, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1979, the amount specified in Column 4 of that Part of that Schedule in relation to the description of the project in Column 2.
(2) The Commission may approve a minor building project submitted to it by a University as an approved minor building project of the University in respect of the year 1979 and, where it does so, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1979.
(3) Subject to subsection (4), where the Commission approves, under subsection (2), a minor building project of a University in respect of the year 1979, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to the project in respect of the year 1979, an amount equal to the amount of the approved expenditure on the project in respect of the year 1979.
(4) The total of the amounts payable to a State under subsection (3), in relation to a University specified in Column 1 of Part II of Schedule 7, shall not exceed the amount specified in Column 2 of that Part of that Schedule in relation to the University.
(5) The Commission may approve an amount as the amount of the approved expenditure in respect of the year 1979 on a design project of a University specified in Part III of Schedule 7.
(6) Subject to subsection (7), where the Commission approves an amount as the amount of the approved expenditure, in respect of the year 1979, on a design project of a University specified in Part III of Schedule 7, there is payable to the State in which the University is situated, for the purposes of financial assistance in relation to the project in respect of the year 1979, an amount equal to the amount of that approved expenditure.
(7) The total of the amounts payable to all the States under subsection (6) shall not exceed the amount set out in Part III of Schedule 7 as the total of the grants payable in respect of design projects specified in that Part.
(8) The Commission may revoke or vary an approval given under subsection (2) or (5) and, if it varies the amount of the approved expenditure on a project in respect of the year 1979, then, for the purposes of this Act, the amount as so varied shall be deemed:
(a) in the case of a project approved under subsection (2)—as from the date on which the project was so approved; or
(b) in the case of a design project specified in Part III of Schedule 7—as from the date on which an approval was given under subsection (5) in respect of the project;
to have been the amount of the approved expenditure on the project in respect of the year 1979.
(9) Financial assistance is granted to a State under this section in relation to an approved building project of a University on the conditions that:
(a) the State will pay each amount paid to it under this section in relation to the project to the University without undue delay;
(b) the State will ensure that the amount expended in relation to work carried out before 1 January 1980 in connection with the project will be not less than the sum of the amounts paid to the State in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to Universities;
(c) the State will ensure that information in respect of the project is furnished to the Commission in accordance with any relevant direction under paragraph 4(1)(d);
(d) the State will ensure that the project will be carried out in accordance with the directions (if any) given by the Commission under subsection 4(5);
(e) the State will ensure that, if the Commission so requests a University, there will be furnished to the Commission by the University, as soon as practicable after such date as the Commission specifies, such particulars as are specified by the Commission concerning the progress or expected progress of the work or matter constituting the project; and
(f) the State will cause to be furnished to the Commission, not later than 30 September 1980, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the amounts expended in respect of work carried out before 1 January 1980 in connection with the approved project.
(10) In subsection (9), a reference to an approved building project of a University shall be read as a reference to:
(a) a building project specified in Column 2 of Part I of Schedule 7 in relation to the University;
(b) a project approved by the Commission under subsection (2) as an approved minor building project of the University in respect of the year 1979; or
(c) a design project of a University specified in Part III of Schedule 7.
(1) Where, by reason of increases in the cost of an approved building project of a University, the expenditure on that project in respect of the year 1979 exceeds, or appears to the Minister likely to exceed, the amount of the approved expenditure on that project in respect of that year, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to that project, in addition to the amount payable in respect of the project under section 11, such amount as the Minister determines for the purposes of this section, not exceeding the amount of the excess or likely excess.
(2) The total of the amounts payable to the States under subsection (1) shall not exceed the amount specified in Part VIII of Schedule 7.
(3) Subsection 11(9) applies to a grant of financial assistance under this section as if that grant were a grant of financial assistance under section 11.
(4) In this section:
(a) a reference to an approved building project of a University shall be read as a reference to:
(i) a building project specified in column 2 of Part I of Schedule 7 in relation to the University; or
(ii) a building project of the University approved by the Minister under paragraph 4(1)(a) as an approved building project of the University in respect of the year 1979; and
(b) a reference to the amount of the approved expenditure on a project in respect of the year 1979 shall be read as a reference to:
(i) where the project is a building project specified in column 2 of Part I of Schedule 7 in relation to a University—the amount specified in column 3 of Part I of that Schedule in relation to that project; or
(ii) where the project is a building project of a University approved by the Minister under paragraph 4(1)(a)—the amount of expenditure approved by the Minister under subsection 4(3) as the amount of the approved expenditure on the project in respect of the year 1979.
(1) Subject to subsection (3), in relation to each building project specified, in relation to a University, in column 2 of Part I of Schedule 7A, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1980, the amount specified in column 4 of that Part of that Schedule in relation to the description of the project in column 2.
(2) The Commission may approve a minor building project submitted to it by a University as an approved minor building project of the University in respect of the year 1980 and, where it does so, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1980.
(3) Subject to subsection (4), where the Commission approves, under subsection (2), a minor building project of a University in respect of the year 1980, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to the project in respect of the year 1980, an amount equal to the amount of the approved expenditure on the project in respect of the year 1980.
(4) The total of the amounts payable to a State under subsection (3), in relation to a University specified in column 1 of Part II of Schedule 7A, shall not exceed the amount specified in column 2 of that Part of that Schedule in relation to the University.
(5) The Commission may revoke or vary an approval given under subsection (2) and, if it varies the amount of the approved expenditure on a project in respect of the year 1980 then, for the purposes of this Act, the amount as so varied shall be deemed, as from the date on which the project was so approved, to have been the amount of the approved expenditure on the project in respect of the year 1980.
(6) Financial assistance is granted to a State under this section in relation to an approved building project of a University on the conditions that:
(a) the State will pay each amount paid to it under this section in relation to the project to the University without undue delay;
(b) the State will ensure that the amount expended in relation to work carried out before 1 January 1981 in connection with the project will be not less than the sum of the amounts paid to the State in relation to the project under this Act or any previous Act that granted financial assistance to the States in relation to Universities;
(c) the State will ensure that information in respect of the project is furnished to the Commission in accordance with any relevant direction under paragraph 4(1)(d);
(d) the State will ensure that the project will be carried out in accordance with the directions (if any) given by the Commission under subsection 4(5);
(e) the State will ensure that, if the Commission so requests a University, there will be furnished to the Commission by the University, as soon as practicable after such date as the Commission specifies, such particulars as are specified by the Commission concerning the progress or expected progress of the work or matter constituting the project; and
(f) the State will cause to be furnished to the Commission, not later than 30 September 1981, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the amounts expended in respect of work carried out before 1 January 1981 in connection with the approved project.
(7) In subsection (6), a reference to an approved building project of a University shall be read as a reference to:
(a) a building project specified in column 2 of Part I of Schedule 7A in relation to the University; or
(b) a project approved by the Commission under subsection (2) as an approved minor building project of the University in respect of the year 1980.
(1) Where, by reason of increases in the cost of an approved building project of a University, the expenditure on that project in respect of the year 1980 exceeds, or appears to the Minister likely to exceed, the amount of the approved expenditure on that project in respect of that year, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to that project, in addition to the amount payable in respect of the project under section 11B, such amount as the Minister determines for the purposes of this section, not exceeding the amount of the excess or likely excess.
(2) The total of the amounts payable to the States under subsection (1) shall not exceed the amount specified in Part VIII of Schedule 7A.
(3) Subsection 11B(6) applies to a grant of financial assistance under this section as if that grant were a grant of financial assistance under section 11B.
(4) In this section:
(a) a reference to an approved building project of a University shall be read as a reference to:
(i) a building project specified in column 2 of Part I of Schedule 7A in relation to the University; or
(ii) a building project of the University approved by the Minister under paragraph 4(1)(a) as an approved building project of the University in respect of the year 1980; and
(b) a reference to the amount of the approved expenditure on a project in respect of the year 1980 shall be read as a reference to:
(i) where the project is a building project specified in column 2 of Part I of Schedule 7A in relation to a University—the amount specified in column 4 of Part I of that Schedule in relation to that project; or
(ii) where the project is a building project of a University approved by the Minister under paragraph 4(1)(a)—the amount of expenditure approved by the Minister under subsection 4(3) as the amount of the approved expenditure on the project in respect of the year 1980.
(1) Subject to subsection (3), in relation to each building project specified, in relation to a University, in column 2 of Part I of Schedule 7B, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to the building project in respect of the year 1981, the amount specified in column 4 of that Part of that Schedule in relation to the description of the project in column 2.
(2) The Commission may approve a minor building project submitted to it by a University as an approved minor building project of the University in respect of the year 1981 and, where it does so, it shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of the year 1981.
(3) Subject to subsection (4), where the Commission approves, under subsection (2), a minor building project of a University in respect of the year 1981, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to the project in respect of the year 1981, an amount equal to the amount of the approved expenditure on the project in respect of the year 1981.
(4) The total of the amounts payable to a State under subsection (3), in relation to a University specified in column 1 of Part II of Schedule 7B, shall not exceed the amount specified in column 2 of that Part of that Schedule in relation to the University.
(5) The Commission may approve an amount as the amount of the approved expenditure in respect of the year 1981 on a design project of a University specified in Part III of Schedule 7B.
(6) Subject to subsection (7), where the Commission approves an amount as the amount of the approved expenditure, in respect of the year 1981, on a design project of a University specified in Part III of Schedule 7B, there is payable to the State in which the University is situated, for the purposes of financial assistance in relation to the project in respect of the year 1981, an amount equal to the amount of that approved expenditure.
(7) The total of the amounts payable to all the States under subsection (6) shall not exceed the amount set out in Part III of Schedule 7B as the total of the grants payable in respect of design projects specified in that Part.
(8) The Commission may revoke or vary an approval given under subsection (2) or (5) and, if it varies the amount of the approved expenditure on a project in respect of the year 1981, then, for the purposes of this Act, the amount as so varied shall be deemed:
(a) in the case of a project approved under subsection (2)—as from the date on which the project was so approved; or
(b) in the case of a design project specified in Part III of Schedule 7B—as from the date on which approval was given under subsection (5) in respect of the project;
to have been the amount of the approved expenditure on the project in respect of the year 1981.
(9) Financial assistance is granted to a State under this section in relation to an approved building project of a University on the conditions that:
(a) the State will pay each amount paid to it under this section in relation to the project to the University without undue delay;
(b) the State will ensure that the amount expended in relation to work carried out before 1 January 1982 in connection with the project will be not less than the sum of the amounts paid to the State in relation to the project under this Act or any previous Act that granted financial assistance to the States in relation to Universities;
(c) the State will ensure that information in respect of the project is furnished to the Commission in accordance with any relevant direction under paragraph 4(1)(d);
(d) the State will ensure that the project will be carried out in accordance with the directions (if any) given by the Commission under subsection 4(5);
(e) the State will ensure that, if the Commission so requests a University, there will be furnished to the Commission by the University, as soon as practicable after such date as the Commission specifies, such particulars as are specified by the Commission concerning the progress or expected progress of the work or matter constituting the project; and
(f) the State will cause to be furnished to the Commission, not later than 30 September 1982, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the amounts expended in respect of work carried out before 1 January 1982 in connection with the approved project.
(10) In subsection (9), a reference to an approved building project of a University shall be read as a reference to:
(a) a building project specified in column 2 of Part I of Schedule 7B in relation to the University;
(b) a project approved by the Commission under subsection (2) as an approved minor building project of the University in respect of the year 1981; or
(c) a design project of a University specified in Part III of Schedule 7B.
(1) Where, by reason of increases in the cost of an approved building project of a University, the expenditure on that project in respect of the year 1981 exceeds, or appears to the Minister likely to exceed, the amount of the approved expenditure on that project in respect of that year, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to that project, in addition to the amount payable in respect of the project under section 11D, such amount as the Minister determines for the purposes of this section, not exceeding the amount of the excess or likely excess.
(2) The total of the amounts payable to the States under subsection (1) shall not exceed the amount specified in Part IX of Schedule 7B.
(3) Subsection 11D(9) applies to a grant of financial assistance under this section as if that grant were a grant of financial assistance under section 11D.
(4) In this section:
(a) a reference to an approved building project of a University shall be read as a reference to:
(i) a building project specified in column 2 of Part I of Schedule 7B in relation to the University; or
(ii) a building project of the University approved by the Minister under paragraph 4(1)(a) as an approved building project of the University in respect of the year 1981; and
(b) a reference to the amount of the approved expenditure on a project in respect of the year 1981 shall be read as a reference to:
(i) where the project is a building project specified in column 2 of Part I of Schedule 7B in relation to a University—the amount specified in column 4 of Part I of that Schedule in relation to that project; or
(ii) where the project is a building project of a University approved by the Minister under paragraph 4(1)(a)—the amount of expenditure approved by the Minister under subsection 4(3) as the amount of the approved expenditure on the project in respect of the year 1981.
(1) In this Part, unless the contrary intention appears:
college purposes , in relation to a college of advanced education, means:
(a) the general teaching purposes of the college in connection with courses of advanced education provided at the college (including preparatory work in connection with such courses);
(b) the provision by the college of courses of continuing education in accordance with a program of continuing education of the college that is approved by the responsible authority for the State in which the college is situated; and
(c) building projects of the college, not being building projects involving the purchase of land, in relation to each of which the total expenditure does not exceed $30,000 or an amount equal to 0.25% of the amount specified in the column of Schedule 8 that relates to the year in which work on the project was commenced opposite to the name of the college in column 1 of that Schedule, whichever is the lesser amount.
course of advanced education means:
(a) a course of study provided at a college of advanced education:
(i) that is accredited or provisionally accredited by the responsible authority for the State in which the college is situated as a course of advanced education; and
(ii) that is undertaken for the purpose of obtaining an award of the college of a kind determined by the Minister in writing, on the recommendation of the Commission, to be an award to which this definition applies; or
(b) a course of study provided at a technical and further education institution in a State or at an institution in the Northern Territory:
(i) that is accredited or provisionally accredited by the responsible authority for the State in which the technical and further education institution is situated, or for the Northern Territory, as a course of advanced education; and
(ii) that is undertaken for the purpose of obtaining an award of a kind referred to in subparagraph (a)(ii).
minor building project , in relation to a college of advanced education, means a building project included in a class of building projects determined by the Minister to be a class of minor building projects in respect of that college of advanced education, or of a class of colleges of advanced education in which that college is included.
(2) Where a building project of a college of advanced education consists of, or includes, the erection, alteration or extension of a building, that project shall be deemed to include the provision of furnishings for the building, or for the altered parts of the extensions of the building, as the case may be.
(1) Where the Commission is satisfied that the introduction, in the year 1980 or a subsequent year, of any of the courses of advanced education included in a class of courses of advanced education would involve a new teaching development, the Commission may recommend to the Minister that he declare that class to be a class of courses of advanced education to which this section applies.
(2) The Minister may, upon the recommendation of the Commission under subsection (1), by instrument in writing, declare a class of courses of advanced education to be a class of courses of advanced education to which this section applies.
(3) The Commission may, in its discretion:
(a) determine that it does not approve, for the purpose of grants of financial assistance under this Act, the introduction, at a college of advanced education, of a relevant course of advanced education proposed to be introduced at the college in the year 1980 or a subsequent year;
(b) determine that it does not approve, for the purpose of grants of financial assistance under this Act, the introduction, at a technical and further education institution (other than such an institution in the Northern Territory), of a relevant course of advanced education proposed to be introduced at that institution in the year 1980 or a subsequent year; or
(c) determine that it does not approve, for the purpose of grants of financial assistance under this Act, the introduction, at an institution in the Northern Territory, of a relevant course of advanced education proposed to be introduced at the institution in the year 1980 or a subsequent year;
and may revoke such a determination.
(4) As soon as practicable after the Commission makes or revokes a determination under paragraph (3)(a) relating to the introduction of a course of advanced education at a college of advanced education in a State, the Commission shall give notice of the making or revocation of the determination to the authority responsible, or principally responsible, for the co‑ordination of advanced education in the State and also the Minister.
(5) As soon as practicable after the Commission makes or revokes a determination under paragraph (3)(b) relating to the introduction of a course of advanced education at a technical and further education institution in a State, the Commission shall give notice of the making or revocation of the determination to:
(a) the authority responsible, or principally responsible, for the co‑ordination of advanced education in the State;
(b) the instrumentality of the State responsible, or principally responsible, for technical and further education in the State; and
(c) the Minister.
(6) As soon as practicable after the Commission makes or revokes a determination under paragraph (3)(c) relating to the introduction of a course of advanced education at an institution in the Northern Territory, the Commission shall give notice of the making or revocation of the determination to the instrumentality of the Northern Territory responsible, or principally responsible, for tertiary education in the Northern Territory, and also to the Minister.
(7) As soon as practicable after the end of a year to which this Act applies in which the Commission has made or revoked any determinations under subsection (3), the Minister shall cause a statement setting out particulars of the determinations so made or revoked to be laid before each House of the Parliament.
(8) For the purposes of subsections 14(3) and (7) and 15B(3), a determination under subsection (3) of this section relating to the introduction of a relevant course of advanced education at a college of advanced education or technical and further education institution in a State, or relating to the introduction of a relevant course of advanced education at an institution in the Northern Territory, shall be deemed to come into force when notice of the making of the determination has been given:
(a) in the case of a notice under subsection (4) of this section—to the authority referred to in that subsection;
(b) in the case of a notice under subsection (5) of this section—to the instrumentality of the State responsible, or principally responsible, for technical and further education in the State; and
(c) in the case of a notice under subsection (6) of this section—to the instrumentality referred to in that subsection;
and to remain in force until the determination is revoked by the Commission.
(9) As soon as practicable after the Minister makes a declaration under subsection (2), he shall cause copies of the declaration to be furnished to:
(a) the Minister of State for each State who is responsible, or principally responsible, for the administration of matters relating to tertiary education in the State; and
(b) to the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to tertiary education in the Northern Territory.
(10) In this section,
relevant course of advanced education means a course of advanced education included in a class of courses of advanced education declared, by a declaration under subsection (2) that is in force, to be a class of courses of advanced education to which this section applies.
(1) The Commission may:
(a) approve courses of study and proposed courses of study in respect of a college of advanced education as approved courses of advanced education for the purposes of this Act;
(b) approve programs of continuing education in respect of a college of advanced education as approved courses of advanced education for the purposes of this Act; and
(c) approve courses of study in respect of a technical and further education institution as approved courses of advanced education for the purposes of this Act;
and may revoke or vary any such approval.
(2) The Commission shall not, under paragraph (1)(c), approve a course of study in respect of a technical and further education institution as an approved course of advanced education for the purposes of this Act unless the Commission is of the opinion that it would approve the course under paragraph (1)(a) were the course to be provided at a college of advanced education.
(3) The Commission shall not approve a course of study or a program of continuing education under subsection (1) after 31 December 1979.
(1) Subject to this Act, in relation to a college of advanced education specified in Column 1 of Part I of Schedule 8, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the expenditure of the college for college purposes in respect of a year to which this Act applies, the amount specified in Part I of Schedule 8 in relation to that college and to that year.
(2) Financial assistance is granted to a State under subsection (1) in relation to a college of advanced education in respect of a year to which this Act applies on the conditions that:
(a) the State will, without undue delay, pay to the college each amount paid to it under subsection (1) in relation to the college;
(b) the State will ensure that the amount expended by the college for college purposes in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in relation to the college in respect of that year;
(c) the State will ensure that no college of advanced education situated in the State charges fees in respect of that year or any part of that year;
(d) the State will cause to be furnished to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with a form approved by the Commission, as to the expenditure of the college for college purposes in respect of that year; and
(e) the State will cause to be furnished to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires in respect of the provision of tertiary education by the college during that year.
(2A) Financial assistance is granted to a State under subsection (1) in relation to a college of advanced education in respect of the year 1981 on the further condition that the State will ensure that the statement of a qualified auditor that is required to be furnished to the Commission under paragraph 14(2)(d) is accompanied by a certificate by the auditor certifying:
(a) whether he is satisfied that the prescribed staff of the college of advanced education comprising each category or class of persons in respect of which the Academic Salaries Tribunal had, in a report or reports of that Tribunal, recommended a rate of salary, or a scale of rates of salary, applicable to that year or a part of that year had been paid salary, in respect of that year or that part of that year, in accordance with those recommendations; and
(b) if he is not so satisfied—also certifying, in respect of each of those categories or classes of persons in respect of which he is not so satisfied, the rate or scale of rates at which salary was paid, in respect of that year or that part of that year, to the prescribed staff of the college of advanced education comprising that category or class.
(3) Where a determination is made under subsection 12A(3) relating to the introduction of a course of advanced education at a college of advanced education, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course), or, if the course is introduced at the college, in connection with the provision of the course, that is incurred by the college while the determination is in force does not count as expenditure by the college for college purposes in the application of subsection (2) of this section and section 15 to and in relation to financial assistance granted to the State in which the college is situated in relation to the college.
(4) In determining, for the purposes of subsection (2) of this section and section 15, the amount expended by a college of advanced education for college purposes in respect of a year, where the expenditure incurred by the college in connection with the provision, in respect of that year, of courses of continuing education provided in accordance with a program of continuing education approved by the responsible authority for the State in which the college is situated exceeds, in the aggregate, 0.5% of the amount specified in Part I of Schedule 8 in relation to the college, an amount equal to 0.5% of the amount so specified shall be treated as the total amount of expenditure so incurred.
(5) There is payable to a State specified in Part II of Schedule 8, under this subsection, for the purpose of financial assistance to the State in relation to recurrent expenditure incurred by the State and by instrumentalities of the State in connection with the provision, in respect of a year to which this subsection applies, that is to say, the year 1980 or the year 1981, at technical and further education institutions situated in that State, of courses of advanced education, such amount as is specified in that Part in relation to that State and to that year.
(6) Financial assistance is granted to a State under subsection (5) in relation to the provision, at technical and further education institutions situated in that State, of courses of advanced education in respect of a year to which subsection (5) applies on the conditions that:
(a) the State will ensure that the total of the amounts expended by the State and by instrumentalities of the State in respect of that year, by way of recurrent expenditure in connection with the provision of courses of advanced education at those institutions, is not less than the sum of the amounts of financial assistance paid to the State under that subsection in respect of that year; and
(b) the State will furnish to the Commission, not later than 30 September next following the end of that year, a statement by an approved auditor within the meaning of Part IV, in accordance with a form approved by the Commission, as to the total expenditure, in respect of that year, by the State and by instrumentalities of the State by way of recurrent expenditure in connection with the provision, at those institutions, of courses of advanced education.
(7) Where a determination is made under subsection 12A(3) in relation to the introduction of a course of advanced education at a technical and further education institution situated in a State, any expenditure in connection with preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course), or, if the course is introduced at the institution, in connection with the provision of the course, that is incurred by the State or by an instrumentality of the State while the determination is in force does not count as expenditure by the State or by an instrumentality of the State by way of recurrent expenditure in connection with the provision of courses of advanced education at technical and further education institutions in the application of subsection (6) of this section and section 15 to and in relation to financial assistance granted to that State under subsection (5) of this section.
(8) In this section,
fees means tuition, examination, matriculation and other fees payable to a college of advanced education by a student enrolled at, or applying for enrolment at, a college in connection with a course of study or attendance at the college, and includes fees payable to the college in respect of the conferring of a degree, diploma or certificate, but does not include:
(a) fees the payment of which is voluntary;
(b) fees payable in respect of an organization 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 in respect of residential accommodation; or
(d) fees payable in connection with, or in connection with attendance for the purposes of, studies that are not included in the studies that are required or permitted to be undertaken for the purpose of obtaining a degree, diploma or certificate of the college.
(1) Where the Commission is satisfied that the amount paid to a State in relation to recurrent expenditure of a college of advanced education for college purposes in respect of a year (in this subsection referred to as the
base year ), being the year 1979 or 1980, under subsection 14(1) of this Act, exceeded the amount expended by the college for those purposes in respect of the base year, the Commission shall direct that the amounts (in this subsection referred to as therelevant amounts ), being the amount specified in Part I of Schedule 8 in relation to that college and the year next following the base year and the amount specified in Part IV of that Schedule in relation to the State in which the college is situated and the year next following the base year, shall each be deemed to have been increased by the amount of the excess or by the prescribed amount applicable to that college in relation to the base year, whichever is the less, and, upon the Commission’s giving that direction:
(a) for the purposes of this Act there shall be deemed to have been specified in Schedule 8 (as from 1 January in the year next following the base year), in substitution for the relevant amounts, the relevant amounts as so increased;
(b) the amount so paid to the State in relation to the recurrent expenditure of that college for college purposes in respect of the base year shall be deemed to have been reduced by an amount equal to the amount of the excess; and
(c) an amount equal to the amount of the excess shall be deemed to have been paid to the State under this Act for the purpose of financial assistance in relation to the recurrent expenditure of the college for college purposes in respect of the year next following the base year.
(2) Where the Commission is satisfied that the amount paid to a State under subsection 14(5), in relation to recurrent expenditure of the State and of instrumentalities of the State in connection with the provision, in respect of the year 1980, at technical and further education institutions situated in the State, of courses of advanced education, exceeded the amount expended by the State and by those instrumentalities in connection with the provision, in respect of that year, at technical and further education institutions situated in the State, of courses of advanced education, the Commission shall direct that the amounts (in this subsection referred to as the
relevant amounts ), being the amounts specified in Part II of Schedule 8 in relation to that State and the year 1981 and the amount specified in Part IV of that Schedule in relation to the State and the year 1981, shall each be deemed to have been increased by the amount of the excess or by the prescribed amount applicable to the State in relation to the year 1980, whichever is the less, and, upon the Commission’s giving that direction:
(a) for the purposes of this Act there shall be deemed to have been specified in Schedule 8 (as from 1 January 1981) in substitution for the relevant amounts, the relevant amounts so increased;
| 83,000 | 22,000 | ||
| Stage I: Reconstruction of college for building trades........ | 4,091,000 | 1,269,000 |
| Stage I: Construction of multi‑purpose college................ | 6,989,000 | 3,719,000 |
| Stage I: Reconstruction of building for business and commercial studies, library and college administration....... | 898,000 | 844,000 |
| Stage V: Building for plumbing trades............................................ | 2,881,000 | 2,410,000 |
| Stage I: Multi‑purpose facility for commercial, rural and technical studies......................... | 628,000 | 147,000 |
| Stage II: Building for rural and timber studies courses............... | 75,000 | 59,000 |
Western Australia— | |||
| Stage VI: Extension to existing automotive workshop................ | 275,000 | 264,000 |
| Stage IV: Buildings for forestry, horticulture, animal care and fashion studies courses.............. | 304,000 | 196,000 |
| Stage II: Buildings for catering trades and arts/crafts courses... | 217,000 | 127,000 |
| Stage I: Buildings for electrical, automotive, metal trades, commercial, science and art courses......................................... | 6,460,000 | 1,583,000 |
| Stage II: Building to accommodate teaching staff..... | 2,744,000 | 2,383,000 |
| Stage I: Buildings for electrical, metal trades and heavy plant and equipment maintenance courses......................................... | 932,000 | 506,000 |
Stage II: Buildings for furniture and building trades courses, and a pump test facility, library and student amenities... | 2,910,000 | 1,391,000 | |
Tasmania— | |||
| Stage I: Design of building for electrical and electronic trade courses......................................... | .. | 107,000 |
| Stage II: Building for technical and general courses.................... | 5,072,000 | 4,480,000 |
Northern Territory— | |||
| Extensions to the school of trades............................................ | 1,834,000 | 871,000 |
| Replacement for Aboriginal teacher education centre........... | 3,772,000 | 2,476,000 |
Part VIII—Summary of Grants to States for Specified Building Projects of Technical and Further Education Institutions in respect of 1981
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Total—All States.................................................................................... | 97,189,000 |
Part IX—Additional Grants for Major Building Projects of Universities Total of additional grants—$202,000.
Part X—Additional Grants for Major Building Projects of Colleges of Advanced Education and Technical and Further Education Institutions
Column 1 | Column 2 | Column 3 |
State | Total of additional grants for major building projects of colleges of advanced education |
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Section 14
Part I—Grants for Expenditure by Colleges of Advanced Education on college purposes
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New South Wales— | |||
| 5,020,000 | 5,542,000 | 6,473,000 |
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| 6,875,000 | 7,462,000 | 8,705,000 |
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| 1,918,000 | 2,164,000 | 2,564,000 |
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| 2,665,000 | 2,970,000 | 3,470,000 |
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| 2,217,000 | 2,549,000 | 2,940,000 |
| 18,922,000 | 21,049,000 | 24,408,000 |
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Victoria— | |||
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| 3,879,000 | 4,518,000 | 5,343,000 |
| 2,384,000 | 2,672,000 | 3,151,000 |
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| 3,174,000 | 3,473,000 | 4,037,000 |
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Queensland— | |||
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| 6,254,000 | 7,036,000 | 8,218,000 |
| 9,032,000 | 9,949,000 | 11,617,000 |
| 7,178,000 | 8,575,000 | 10,160,000 |
| 5,779,000 | 6,394,000 | 7,170,000 |
| 5,015,000 | 5,642,000 | 6,701,000 |
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| 2,726,000 | 3,081,000 | 3,622,000 |
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South Australia— | |||
| 12,108,000 | 13,356,000 | 15,315,000 |
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Western Australia— | |||
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Tasmania— | |||
| 9,489,000 | 10,478,000 | 7,982,000 |
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Part II—Grants for Expenditure by States on Advanced Education
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Part III—Unallocated Moneys for Expenditure by Colleges of Advanced Education and by States on Advanced Education
All moneys that were specified in this Part have been applied to Colleges of Advanced Education set out in Column 1 of Part I of this Schedule.
Part IV—Aggregates of Moneys for Expenditure by Colleges of Advanced Education and by Stated on Advanced Education
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Section 15B
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Section 16
Part I—Grants for Equipment for Colleges of Advanced Education
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Part II—Specified Equipment in Relation to Grants for Equipment for Colleges of Advanced Education
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Section 24
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Section 25
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Part IV—Unallocated Grant for Staff Training in respect of 1981
Total unallocated grant—$59,000.
Section 27
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Section 28
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Column 1 | Column 2 | Column 3 |
State | Maximum grant in respect of 1979 | Maximum grant in respect of 1980 |
$ | $ | |
New South Wales........................................................................... | 1,948,000 | 1,815,000 |
Victoria............................................................................................ | 1,632,000 | 1,702,000 |
Queensland | 544,000 | 567,000 |
South Australia............................................................................... | 215,000 | .. |
Western Australia........................................................................... | 107,000 | 111,000 |
Tasmania.......................................................................................... | 108,000 | 113,000 |
Total—All States.................................................................. | 4,554,000 | 4,308,000 |
Column 1 | Column 2 | Column 3 | Column 4 |
Name of Month | Maximum monthly capitation amount in respect of 1979 | Maximum monthly capitation amount in respect of 1980 | Maximum monthly capitation amount in respect of 1981 |
$ | $ | $ | |
January, February or March................................... | — | 61.46 | 67.29 |
April, May or June................................................... | — | 61.81 | 69.40 |
July, August or September..................................... | 58.02 | 63.99 | 69.59 |
October, November or December......................... | 58.09 | 63.99 | 70.93 |
The
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
188, 1978 | 4 Dec 1978 | Ss. 42, 47 and 48: 1 Jan 1978 Remainder: Royal Assent | ||
41, 1979 | 11 June 1979 | 11 June 1979 | Ss. 18 (2) and 32‑34 | |
185, 1979 | 4 Dec 1979 | 4 Dec 1979 | Ss. 10 (2), 13 (2), 36 and 37 | |
96, 1980 | 6 June 1980 | 6 June 1980 | Ss. 23‑25 | |
136, 1980 | 19 Sept 1980 | 19 Sept 1980 | Ss. 28 and 29 | |
53, 1981 | 25 May, 1981 | S. 6 (2): 4 Dec 1978 S. 6 (3): 4 Dec 1979 Ss. 10 and 15 (2): 6 June 1980 Remainder: Royal Assent | Ss. 9 (2), 13 (2) and 21‑23 | |
61, 1981 | 12 June 1981 | S. 117: Royal Assent ( | S. 102 | |
92, 1981 | 18 June, 1981 | Part I (ss. 1,2): Royal Assent
Div. 1 of Part XI (s. 36): 1 July 1981 (
Remainder: 1 July 1982 ( | — | |
167, 1981 | 26 Nov 1981 | 26 Nov 1981 | S. 61 | |
27, 1982 | 17 May 1982 | Ss. 5 and 6: 26 Nov 1981 Remainder: Royal Assent | Ss. 21 and 22 | |
43, 1996 | 25 Oct 1996 | Schedule 4 (items 137, 138): Royal Assent ( | — | |
118, 1999 | 22 Sept 1999 | 22 Sept 1999 | — |
(
a ) TheStates Grants (Tertiary Education Assistance) Act 1978 was amended by section 117 only of theStatute Law Revision Act 1981 , subsection 2 (1) of which provides as follows:
“(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.”
(
b ) TheStates Grants (Tertiary Education Assistance) Act 1978 was amended by Schedule 4 (items 137, 138) only of theStatute Law Revision Act 1996 , subsection 2(1) of which provides as follows:
“(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.”
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected | How affected |
Title........................................... | am. Nos. 41 and 185, 1979s |
S. 3........................................... |
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S. 4........................................... | am. No. 136, 1980 |
S. 5A......................................... | ad. No. 185, 1979 |
S. 6........................................... | am. No. 185, 1979; No. 96, 1980 |
S. 8........................................... | am. No. 185, 1979; No. 136, 1980 |
S. 9........................................... |
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S. 11A....................................... | ad. No. 41, 1979 |
S. 11B....................................... | ad. No. 185, 1979 |
S. 11C...................................... | ad. No. 96, 1980 |
S. 11D...................................... | ad. No. 136, 1980 |
S. 11E....................................... | ad. No. 53, 1981 |
S. 12......................................... | am. No. 185, 1979; No. 96, 1980; No. 53, 1981 |
S. 12A....................................... | ad. No. 185, 1979 |
S. 13......................................... | am. No. 185, 1979 |
S. 14......................................... | rs. Nos. 41 and 185, 1979 |
am. No. 96, 1980 | |
S. 15......................................... | rs. Nos. 41 and 185, 1979 |
S. 15A....................................... | ad. No. 185, 1979 |
S. 15B....................................... | ad. No. 185, 1979 |
am. No. 27, 1982 | |
S. 16......................................... | am. Nos. 41 and 185, 1979; No. 136, 1980 |
S. 17......................................... |
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S. 18......................................... | am. Nos. 41 and 185, 1979; No. 96, 1980 |
S. 19......................................... | rep. No. 41, 1979 |
ad. No. 185, 1979 | |
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S. 20......................................... |
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S. 21A....................................... | ad. No. 41, 1979 |
S. 21B....................................... | ad. No. 185, 1979 |
am. No. 53, 1981 | |
S. 21C...................................... | ad. No. 96, 1980 |
am. No. 53, 1981 | |
S. 21D...................................... | ad. No. 136, 1980 |
S. 21E....................................... | ad. No. 53, 1981 |
Ss. 23‑25.................................. | am. No. 185, 1979; No. 136, 1980 |
S. 26......................................... | rs. No. 185, 1979 |
am. No. 136, 1980 | |
Ss. 27, 28................................. | am. No. 185, 1979; No. 136, 1980 |
S. 29A....................................... | ad. No. 41, 1979 |
S. 29B....................................... | ad. No. 185, 1979 |
S. 29C...................................... | ad. No. 96, 1980 |
S. 29D...................................... | ad. No. 136, 1980 |
S. 29E....................................... | ad. No. 53, 1981 |
S. 30......................................... | am. No. 185, 1979; No. 136, 1980 |
| ad. No. 41, 1979 |
Ss. 30A‑30C............................. | ad. No. 41, 1979 |
S. 30D...................................... | ad. No. 41, 1979 |
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S. 30E....................................... | ad. No. 41, 1979 |
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S. 31......................................... | am. No. 41, 1979 |
rs. No. 185, 1979 | |
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S. 34......................................... | am. No. 41, 1979; No. 61, 1981 |
S. 35......................................... | am. No. 41, 1979 |
Ss. 36‑39.................................. |
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Schedules 1‑3........................... |
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Schedules 4, 5.......................... |
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Schedule 6................................ |
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Schedule 7................................ | rs. No. 41, 1979 |
Schedule 7A............................. | ad. No. 185, 1979 |
rs. Nos. 96 and 136, 1980; No. 53, 1981 | |
am. No. 167, 1981 | |
Schedule 7B............................. | ad. No. 136, 1980 |
rs. No. 53, 1981 | |
am. No. 167, 1981 | |
Schedule 8................................ |
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am. No. 27, 1982 | |
Schedule 8A............................. | ad. No. 185, 1979 |
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Schedule 9................................ |
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Schedule 10.............................. |
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Schedule 11.............................. |
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am. No. 27, 1982 | |
Schedule 12.............................. |
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Schedule 13.............................. |
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Schedule 14.............................. | rs. Nos. 41 and 185, 1979; No. 96, 1980 |
Schedule 15.............................. | ad. No. 53, 1981 |
rs. No. 167, 1981; No. 27, 1982 |
Section 3(1)—Section 117 of the
Subsection 3(1): (1) Omit “
Tertiary Education Commission Act 1977 ” from paragraph (a) of the definition ofCollege of Advanced Education , substitute “Commonwealth Tertiary Education Commission Act 1977 ”.
The proposed amendment was misdescribed and is not incorporated in this compilation.
0
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