States Grants (Tertiary Education Assistance) Act 1984 (Cth)

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State Grants (Tertiary Education Assistance) Act 1984

Act No. 127 of 1984 as amended

[Note: This Act is repealed by Act No. 118 of 1999]

This compilation was prepared on 21 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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An Act relating to the grant of financial assistance to the States and the Northern Territory with respect to tertiary education

Part IPreliminary1Short title [see Note 1]

This Act may be cited as the States Grants (Tertiary Education Assistance) Act 1984.

2Commencement [see Note 1]

This Act shall come into operation on the day on which it receives the Royal Assent.

3Interpretation [see Note 2]
  • (1)

    In this Act, unless the contrary intention appears:

Aboriginal means a member of the Aboriginal race of Australia, and includes a descendant of the indigenous inhabitants of the Torres Strait Islands.

Academic Salaries Tribunal means the Tribunal established under that name by section 12B of the Remuneration Tribunal Act 1973.

affiliated college, in relation to a university or college of advanced education, means a residential college (not being a student residence) affiliated with the university or college, as the case may be, and approved by the Commission, for the purpose of this Act, as an affiliated college.

 approved authority means:

  • (a)

    in relation to a non‑government teachers college—such person or body as the Minister declares to be the approved authority of that college for the purposes of this Act; and

  • (b)

    in relation to a non‑government business college—such person or body as the Minister declares to be the approved authority of that college for the purposes of this Act.

approved form means a form approved by the Commission.

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.

business college means a college or similar institution, whether incorporated or unincorporated, providing courses of instruction in secretarial studies, but does not include a particular college or institution that provides such courses if the Minister:

  • (a)

    is notified by the State Tertiary Education Minister for a State that the college or institution is not recognized by the State Tertiary Education Minister as a business college; and

  • (b)

    does not approve the college or institution as a business college for the purposes of this Act.

business college census date, in relation to a month of the year 1985, means the date in that month declared by the Minister, by notice published in the Gazette, to be the business college census date for that month.

capital expenditure means expenditure on a building project.

charge means higher education administration charge.

college of advanced education means an institution specified in Schedule 3.

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 proposed courses of advanced education to be provided at the college;

  • (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 $70,000 or an amount equal to 0.25% of the amount specified in Schedule 3 in relation to the college and to the year in which work on the project was commenced, whichever is the lesser amount.

collegiate accommodation, in relation to a university, college of advanced education or non‑government teachers college, means residential accommodation (including related facilities) for students of the university or college, as the case requires, 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.

commencing day means the day on which this Act receives the Royal Assent.

course of advanced education, in relation to a relevant institution, means a course of study:

  • (a)

    that is accredited or provisionally accredited by the authority for the State in which the relevant institution is situated that is responsible for the accreditation of advanced education courses; and

  • (b)

    that is undertaken for the purpose of obtaining an award of the relevant institution, or of another relevant institution, of a kind determined by the Minister, on the recommendation of the Commission, to be an award to which this definition applies;

and includes a course of instruction provided by the relevant institution to persons for the purpose of enabling those persons to undertake, at the relevant institution or another relevant institution, a course of study of a kind to which paragraph (a) or (b) applies.

course of instruction in secretarial studies means a course of instruction in:

  • (a)

    shorthand;

  • (b)

    typing; or

  • (c)

    shorthand and typing;

together with other subjects suitable for preparing persons to perform secretarial duties.

course of study, in relation to a university, includes a course of instruction provided by the university to persons for the purpose of enabling those persons to undertake a course of study provided by the university.

course of teacher education means a course of instruction that is accredited or provisionally accredited by the responsible authority for the State as a course of teacher education and that is provided by way of professional training for persons intending to become primary school teachers or secondary school teachers.

enrolment includes re‑enrolment.

fees, in relation to a relevant institution, means tuition, examination or other fees payable to the relevant institution by a student enrolled at, or applying for enrolment at, the relevant institution in connection with a course of study or attendance at the relevant institution, and includes fees payable to the relevant institution in respect of the granting of a degree, diploma or other award (including a qualification relating to a trade, technical or other skilled occupation) 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 payable in respect of residential accommodation;

  • (ca)

    fees imposed in accordance with guidelines determined by the Minister, by notice in writing published in the Gazette, for the imposition of fees in respect of overseas students;

  • (d)

    in a case where the relevant institution is a university, college of advanced education or non‑government teachers college—fees payable in connection with attendance for the purposes of studies (not being a course of instruction provided by a university or college of advanced education to persons for the purpose of enabling those persons to undertake a course of study provided by the university or a course of advanced education provided by the college) that are not required or permitted to be undertaken for the purpose of obtaining a degree, diploma or other award of the relevant institution;

  • (e)

    in a case where the relevant institution is an institute of tertiary education, a technical and further education institution or a Northern Territory tertiary education institution—fees payable in connection with, or in connection with attendance for the purposes of:

    • (i)

      studies that are not, or are not preparatory to, studies for the purposes of obtaining a qualification relating to a trade, technical or other skilled occupation; or

    • (ii)

      studies that are not required or permitted to be undertaken in relation to a course of advanced education provided by the relevant institution; or

  • (f)

    fees of a kind that are incidental to studies that may be undertaken at relevant institutions and that the Minister, by writing signed by the Minister and notified to each State Tertiary Education Minister, declares to be fees of a kind to which this paragraph applies.

institute of tertiary education means an institution situated in a State, or a proposed institution to be situated in a State, that is specified in Schedule 6A.

minor building project means a building project included in a class of building projects determined by the Minister to be a class of minor building projects.

non‑government business college means a business college in a State that is not established by the Government of the State or conducted by or on behalf of the Government of the State, but does not include a business college conducted for the profit, direct or indirect, of an individual or individuals.

non‑government teachers college means Avondale College or McAuley College.

Northern Territory tertiary education institution means an institution that is situated in the Northern Territory and at which courses of advanced education are, or technical and further education is, provided.

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 teaching or 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, or those officers of the university or college whose rates of salaries are the subject of an inquiry and report under subsection 6(2A) of the Remuneration Tribunal Act 1973.

previous Assistance Act means the States Grants (Tertiary Education Assistance) Act 1981.

qualified accountant means:

  • (a)

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

  • (b)

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

  • (c)

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

qualified auditor means, 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:

  • (a)

    the Auditor‑General of the State; or

  • (b)

    a qualified accountant.

recurrent expenditure means expenditure that is not capital expenditure.

relevant enrolment means the enrolment of a person at a relevant institution to undertake a course or a part of a course, being a course the completion of which leads to the granting of a degree, diploma or other award of the institution (whether or not that course or that part of that course is undertaken for the purpose of obtaining such an award), but does not include:

  • (a)

    the enrolment of a person in a course of technical and further education;

  • (b)

    the enrolment of a person who is an overseas student within the meaning of the Overseas Students Charge Act 1979 to undertake such a course or part of such a course where the institution imposes a fee of the kind referred to in paragraph (ca) of the definition of fees in relation to that course or that part of that course;

  • (c)

    the enrolment of a person to undertake such a course or part of such a course during a year at a relevant institution where the person has already enrolled in such a course or part of such a course in respect of that year at the institution, being another course in respect of which charge was imposed in respect of that year;

  • (d)

    the enrolment of a person who is in receipt of a pension, benefit or allowance from the Commonwealth, being a person included in a class of persons specified by the Minister for the purposes of this paragraph by notice in writing published in the Gazette;

  • (e)

    the enrolment of a person to undertake part of such a course during a year at a relevant institution where that enrolment is required for the purposes of another course being undertaken by the person at another relevant institution, being another course in respect of which charge was imposed in respect of that year; or

  • (f)

    the enrolment of a person to undertake such a course at a relevant institution where the institution provides a scholarship to the person to undertake that course, being a scholarship that entitles the person to an amount by way of living allowance of at least $1,000 per annum, not including any amount payable in respect of the person’s dependants.

relevant institution means:

  • (a)

    a university, college of advanced education, technical and further education institution, institute of tertiary education or non‑government teachers college that is situated in a State; or

  • (b)

    a Northern Territory tertiary education institution.

State Tertiary Education Minister means:

  • (a)

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

  • (b)

    in relation to the Northern Territory—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.

student residence means:

  • (a)

    in relation to a university—a hall, college or other establishment at which any students of the university reside, being an establishment:

    • (i)

      administered by the university or by a body corporate established by the university; and

    • (ii)

      approved by the Commission, for the purposes of this Act, as a student residence; and

  • (b)

    in relation to a college of advanced education or non‑ government teachers college—a hall, college or other establishment at which any students of the college reside, being an establishment:

    • (i)

      administered by:

      • (A)

        the college or the body administering the college; or

      • (B)

        a body established by the college or by the body administering the college; and

    • (ii)

      approved by the Commission, for the purposes of this Act, as a student residence.

teaching hospital, in relation to a university, includes a hospital in which students enrolled in the Faculty of Medicine, or School of Medicine, of the university receive clinical instruction.

technical and further education means education provided by way of a course of instruction or training:

  • (a)

    that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or

  • (b)

    that otherwise meets the educational needs of persons who are not enrolled in a full‑time course of primary or secondary education at a school;

but does not include education by way of a course of study that is, for the purposes of this Act, a course of advanced education.

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 the 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 Employment, Education and Training Act 1988.

university means an institution specified in Schedule 1.

university purposes, in relation to a university, means:

  • (a)

    the general teaching purposes of the university in connection with courses of study provided by that university, including preparatory work in connection with proposed courses of study to be provided by the university;

  • (b)

    the general research purposes of the university; and

  • (c)

    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 $70,000 or an amount equal to 0.25% of the amount specified in Schedule 1 in relation to the university and to the year in which work on the project was commenced, whichever is the lesser amount.

year to which this Act applies means any one of the years 1985, 1986 and 1987.

  • (2)

    Where a building project consists of, or includes, the erection, alteration or extension of a building, that project shall be deemed to include:

    • (a)

      unless paragraph (b) applies—the provision of furnishings for the building, or for the altered parts or the extensions of the building, as the case may be; or

    • (b)

      in a case where the building project is a building project of a technical and further education institution—the provision of furnishings and equipment for the building, or for the altered parts or the extensions of the building, as the case may be.

  • (3)

    Without limiting the generality of subsection (2), where a building project by way of the erection, alteration or extension of a building is undertaken in connection with the establishment of a library at a technical and further education institution, the project shall be deemed to include the provision of books and other library materials required for the establishment of the library.

  • (4)

    In this Act, unless the contrary intention appears:

    • (a)

      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) or 12DC(1)(b) of the Remuneration Tribunal Act 1973; and

    • (b)

      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 Institute of Technology shall be deemed to be an institution conducted on behalf of the Government of the Northern Territory.

  • (6)

    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.

  • (6A)

    For the purposes of this Act:

    • (a)

      a State shall be deemed to have paid moneys to an institute of tertiary education that is not a body corporate if it has paid those moneys to the body administering that institute; and

    • (b)

      an institute of tertiary 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 institute has done that act or thing.

  • (7)

    Where:

    • (a)

      a State proposes to establish a college of advanced education;

    • (b)

      the name of the proposed college is specified in a Schedule to this Act; and

    • (c)

      a college under that name has not been established or a body has not been established to administer the proposed college;

then, for the purposes of this Act:

  • (d)

    there shall be deemed to be in existence a college of advanced education under that name;

  • (e)

    the State shall be deemed to have paid moneys to the college if it has paid those moneys to such person or body as the Minister determines to be the appropriate authority in relation to the college for the purposes of this Act; and

  • (f)

    the college shall be deemed to have done any act or thing that is required or permitted by this Act to be done if the appropriate authority in relation to the college has done that act or thing.

  • (7A)

    Where:

    • (a)

      a State proposes to establish an institute of tertiary education;

    • (b)

      the name of the proposed institute is specified in a Schedule to this Act; and

    • (c)

      an institute under that name has not been established or a body has not been established to administer the proposed institute;

then, for the purposes of this Act:

  • (d)

    there shall be deemed to be in existence an institute of tertiary education under that name;

  • (e)

    the State shall be deemed to have paid moneys to the institute if it has paid those moneys to such person or body as the Minister determines to be the appropriate authority in relation to the institute for the purposes of this Act; and

  • (f)

    the institute shall be deemed to have done any act or thing that is required or permitted by this Act to be done if the appropriate authority in relation to the institute has done that act or thing.

  • (8)

    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 to this Act is substantially identical with an institution specified in a Schedule to this Act, the Minister may, in the Minister’s discretion and with the approval of the State in which the first‑mentioned institution is situated, declare that the Minister 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.

  • (9)

    Where, for university purposes or for college purposes, a university or college of advanced education makes provision, not inconsistent with actuarial principles, in the accounts (including the journals and ledgers) of the university or college for future or contingent liabilities in respect of superannuation payments or long service leave, the university or college shall be taken, for the purposes of this Act, to have expended the amount of that provision for university purposes or college purposes, as the case requires, in respect of the year in which that provision is made.

  • (10)

    Any declaration, approval, determination, direction or notification made or given by the Minister under, or for the purposes of, this Act shall be made or given in writing.

  • (11)

    For the purposes of the definition of relevant enrolment in subsection (1), where the enrolment of a person to undertake a course at a relevant institution entitles the person to undertake a part of that course in more than one year, the person shall be deemed to become enrolled to undertake that course in respect of each year in which the person undertakes a part of that course.

  • (12)

    A reference in this Act to the Minister exercising a power on the recommendation of the Commission or after obtaining the advice of the Commission shall be read, on and after the commencement of this section, as a reference to the Minister exercising the power whether on the recommendation of the Commission or otherwise and whether or not the Minister has obtained the advice of the Commission.

  • (13)

    A reference in a provision set out in Schedule 24 to this Act to the Commission shall be read, on and after the commencement of this section, as a reference to the Minister.

4New teaching developments
  • (1)

    Where the Commission is satisfied that the provision, in a year to which this Act applies, at a relevant tertiary education institution, being a university, of any of the courses of study included in a class of courses of study would involve a new teaching development, the Commission may declare that class to be a class of courses of study to which this subsection applies.

  • (2)

    Where the Commission is satisfied that the provision, in a year to which this Act applies, at a relevant tertiary education institution other than a university, of any courses of advanced education included in a class of courses of advanced education would involve a new teaching development, the Commission may declare that class to be a class of courses of advanced education to which this subsection applies.

  • (3)

    The Minister may, on the recommendation of the Commission under subsection (1), declare a class of courses of study to be a class of courses of study to which subsection (1) applies.

  • (4)

    The Minister may, on the recommendation of the Commission under subsection (2), declare a class of courses of advanced education to be a class of courses of advanced education to which subsection (2) applies.

  • (5)

    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 provision at a relevant tertiary education institution, being a university, of a relevant course of study that has been introduced, or that is proposed to be introduced, by that institution in a year to which this Act applies; or

    • (b)

      determine that it does not approve, for the purpose of grants of financial assistance under this Act, the provision at a relevant tertiary education institution other than a university of a relevant course of advanced education that has been introduced, or that is proposed to be introduced, at that institution in a year to which this Act applies;

and may revoke such a determination.

  • (6)

    As soon as practicable after the Commission makes or revokes a determination under subsection (5) relating to the provision of a relevant course of study or a relevant course of advanced education, as the case requires, at a relevant tertiary education institution, the Commission shall give notice of the making or revocation of the determination:

    • (a)

      in a case where the relevant tertiary education institution is a university situated in a State—to the university;

    • (b)

      in a case where the relevant tertiary education institution is a college of advanced education or an institute of tertiary education situated in a State—to the authority responsible, or principally responsible, for co‑ordination of advanced education in the State;

    • (c)

      in a case where the relevant tertiary education institution is a technical and further education institution situated in a State—to the instrumentality of the State responsible, or principally responsible, for technical and further education in the State; and

    • (d)

      in a case where the relevant tertiary education institution is a Northern Territory tertiary education institution—to the instrumentality of the Northern Territory responsible, or principally responsible, for tertiary education in the Northern Territory.

  • (7)

    For the purposes of this Act, a determination under subsection (5) relating to the provision of a relevant course of study or a relevant course of advanced education, as the case requires, at a relevant tertiary education institution 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 given under subsection (6) to a university referred to in paragraph (6)(a)—to the university referred to in that paragraph;

    • (b)

      in the case of a notice given under subsection (6) in relation to a college of advanced education or institute of tertiary education referred to in paragraph (6)(b)—to the authority referred to in that paragraph;

    • (c)

      in the case of a notice given under subsection (6) in relation to a technical and further education institution referred to in paragraph (6)(c)—to the instrumentality referred to in that paragraph; and

    • (d)

      in the case of a notice given under subsection (6) in relation to a Northern Territory tertiary education institution referred to in paragraph (6)(d)—to the instrumentality of the Northern Territory referred to in that paragraph.

  • (8)

    As soon as practicable after the Minister makes a declaration under subsection (3) or (4), the Minister shall cause copies of the declaration to be furnished:

    • (a)

      in the case of a declaration under subsection (3)—to the State Tertiary Education Minister for each State, other than the Northern Territory; or

    • (b)

      in the case of a declaration under subsection (4)—to the State Tertiary Education Minister for each State.

  • (9)

    In this section, unless the contrary intention appears:

relevant course of advanced education means a course of advanced education included in a class of courses of advanced education that is declared, in a declaration in force under subsection (4), to be a class of courses of advanced education to which subsection (2) applies.

relevant course of study means a course of study included in a class of courses of study that is declared, in a declaration in force under subsection (3), to be a class of courses of study to which subsection (1) applies.

relevant tertiary education institution means:

  • (a)

    a university that is situated in a State;

  • (b)

    a college of advanced education that is situated in a State;

  • (ba)

    an institute of tertiary education that is situated in a State and at which courses of advanced education are provided;

  • (c)

    a technical and further education institution that is situated in a State and at which courses of advanced education are provided; or

  • (d)

    a Northern Territory tertiary education institution at which courses of advanced education are provided.

4AEstimate of relevant enrolments
  • (1)

    The Minister shall, before 31 December in the year 1986 and in each subsequent year, after obtaining the advice of the Commission:

    • (a)

      by instrument in writing, estimate the number of relevant enrolments in respect of the year immediately following that 31 December at each relevant institution to which section 5, 15A, 16 or 18 applies; and

    • (b)

      by instrument in writing, estimate the number of relevant enrolments in respect of the year immediately following that 31 December at Northern Territory tertiary education institutions.

  • (2)

    Where:

    • (a)

      the Minister has made an estimate under subsection (1) of the number of relevant enrolments at a relevant institution situated in a State, or at Northern Territory tertiary education institutions, in respect of a year; and

    • (b)

      the Minister, after obtaining the advice of the Commission, is satisfied that there will be a significant difference between the number of enrolments so estimated and the number that is likely to be the number of actual enrolments at that relevant institution or at those Northern Territory tertiary education institutions, as the case may be, in respect of that year;

the Minister may, before the end of that year, by instrument in writing, revise the estimate so made and, where the Minister revises such an estimate, that revised estimate shall, for the purposes of this Act, be deemed to have been an estimate made by the Minister under subsection (1).

  • (3)

    The Minister shall, as soon as practicable after making an estimate under subsection (1) or revising such an estimate under subsection (2), give a copy of the estimate or revised estimate to the State Tertiary Education Minister of the State or Territory to which the estimate relates.

4BCalculation of amounts of reductions
  • (1)

    The amount of the reduction to be calculated in relation to a State for the year 1987 under subsection 5(1) or (2), 15A(1), 16(1) or 18(1) in relation to a relevant institution situated in the State is the amount obtained by multiplying the number of relevant enrolments at the institution estimated by the Minister under section 4A in respect of that year by 90% of the amount of charge applicable to that year under section 4D.

  • (2)

    The amount of the reduction to be calculated in relation to the Northern Territory for the year 1987 under subsection 17(1) is the amount obtained by multiplying the number of relevant enrolments at Northern Territory tertiary education institutions estimated by the Minister under section 4A in respect of that year by 90% of the amount of charge applicable to that year under section 4D.

4CAdjustments where estimated enrolments not equal to actual enrolments
  • (1)

    In this section:

actual enrolment number, in relation to the year 1987 or a subsequent year, means:

  • (a)

    in the case of a relevant institution situated in a State—the actual number of relevant enrolments at the institution in respect of that year; or

  • (b)

    in the case of the Northern Territory—the actual number of relevant enrolments at Northern Territory tertiary education institutions in respect of that year.

estimated enrolment number, in relation to the year 1987 or a subsequent year, means:

  • (a)

    in the case of a relevant institution situated in a State—the number of relevant enrolments at the institution estimated by the Minister under section 4A in respect of that year; or

  • (b)

    in the case of the Northern Territory—the number of relevant enrolments at Northern Territory tertiary education institutions estimated by the Minister under section 4A in respect of that year.

  • (2)

    If the actual enrolment number in relation to a relevant institution situated in a State in relation to a year is less than the estimated enrolment number in relation to that institution in relation to that year, there is payable to the State in relation to that institution the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4D.

  • (3)

    If the actual enrolment number in relation to Northern Territory tertiary education institutions in relation to a year is less than the estimated enrolment number in relation to Northern Territory tertiary education institutions in relation to that year, there is payable to the Northern Territory the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4D.

  • (4)

    Payment of an amount to a State under subsection 5(1) or (2), 15A(1), 16(1) or 18(1) in relation to a relevant institution in respect of the year 1987 is subject to the additional condition that, if the estimated enrolment number in relation to that institution is less than the actual enrolment number in relation to that institution, the State will pay to the Commonwealth the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4D.

  • (5)

    Payment of an amount to the Northern Territory under subsection 17(1) in respect of the year 1987 is subject to the additional condition that, if the estimated enrolment number in relation to Northern Territory tertiary education institutions is less than the actual enrolment number in relation to Northern Territory tertiary education institutions, the Northern Territory will pay to the Commonwealth the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4D.

  • (6)

    An amount payable to a State under subsection (2) in relation to a relevant institution, or an amount payable to the Northern Territory under subsection (3), in respect of a year may be added to a grant to the State in relation to that institution, or to a grant to the Northern Territory in relation to Northern Territory tertiary education institutions, as the case may be, in respect of the subsequent year.

  • (7)

    An amount payable by a State or the Northern Territory to the Commonwealth in accordance with the condition referred to in subsection (4) or (5) in respect of a year may be deducted from:

    • (a)

      in the case of a State—a grant to the State in respect of the subsequent year in relation to the institution in respect of which the amount became payable; or

    • (b)

      in the case of the Northern Territory—a grant to the Northern Territory in respect of the subsequent year in relation to Northern Territory tertiary education institutions.

4DAmount of charge
  • (1)

    In this section:

estimated index number, in relation to a March quarter in a year, means the number estimated by the Commission under subsection (3) for that quarter.

index number, in relation to a quarter, means the General Salaries Index number published by the Commission for that quarter.

year to which this section applies means the year 1988.

  • (2)

    If at any time, whether before or after the commencement of this section, the Commission has changed or changes the reference base for the General Salaries Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.

  • (3)

    The Commission shall, before 31 December in the year 1986 and in the year 1987:

    • (a)

      make an estimate of the index number for the March quarter in the subsequent year; and

    • (b)

      cause to be published in the Gazette a notice specifying the index number so estimated and, in the case of an estimate for the year 1988 or a subsequent year, specifying the amount of charge for each relevant enrolment in respect of that year.

  • (4)

    The amount of charge for each relevant enrolment in respect of the year 1987 is $250.

  • (5)

    The amount of charge for each relevant enrolment in respect of a year to which this section applies is:

    • (a)

      subject to paragraph (b), the amount ascertained by multiplying by the factor calculated under subsection (6) in relation to that year:

      • (i)

        in a case to which subparagraph (ii) does not apply—$250; or

      • (ii)

        if, by virtue of another application of this section, an amount other than $250 was the amount of charge for each relevant enrolment in respect of the preceding year—that other amount; or

    • (b)

      if an amount calculated under paragraph (a) includes a number of cents—the amount so calculated disregarding the cents.

  • (6)

    The factor to be ascertained for the purposes of subsection (5) in relation to a year to which this section applies is:

    • (a)

      the number, calculated to 3 decimal places, ascertained by dividing the estimated index number for the March quarter in that year by the estimated index number for the March quarter in the preceding year; or

    • (b)

      if the number so ascertained would, if it were calculated to 4 decimal places, end in a number greater than 4—the number so ascertained increased by 0.001.

Part IIRecurrent GrantsDivision 1General recurrent grants5Grants for expenditure for university purposes and college purposes
  • (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 purposes 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 that Schedule in relation to the university and to that year reduced, in the case of the year 1987, by the amount calculated under section 4B in relation to the university.

  • (2)

    In relation to each college of advanced education specified in Column 1 of Schedule 3, there is payable to the State in which the college is situated, for the purposes 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 that Schedule in relation to the college and to that year reduced, in the case of the year 1987, by the amount calculated under section 4B in relation to the college.

  • (3)

    Financial assistance is granted to a State under subsection (1) or (2) in relation to a university or college of advanced education, 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 college without undue delay;

    • (b)

      the State will ensure that the sum of the amounts expended by the university for university purposes, or by the college for college purposes, in respect of that year is not less than the amount specified in Schedule 1 in relation to the university in respect of that year or the amount specified in Schedule 3 in relation to the college in respect of that year, as the case may be;

    • (c)

      the State will ensure that each university and college of advanced education situated in the State does not charge any student fees in respect of that year or a part of that year;

    • (ca)

      the State will ensure that each university and college of advanced education situated in the State imposes an amount of charge in respect of each relevant enrolment in respect of the year 1987, being the amount applicable under section 4D in respect of that year;

    • (d)

      the State will ensure that the university or college 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 the approved form, as to the expenditure of the university for university purposes, or the expenditure of the college for college purposes, in respect of that year accompanied by a certificate, in accordance with the approved form, by the auditor:

      • (i)

        certifying:

        • (A)

          whether the auditor is satisfied that the prescribed staff of the university or college comprising each category or class of persons in respect of which the Academic Salaries Tribunal, or the Remuneration Tribunal, has, 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 to a part of that year have been paid salary, in respect of that year or that part of that year, in accordance with those recommendations; and

        • (B)

          whether the auditor is satisfied that the prescribed staff of the university or college comprising each category or class of persons in respect of which the Australian Conciliation and Arbitration Commission, or the Australian Industrial Relations Commission established under the Workplace Relations Act 1996, has, in an award or awards of that Commission, established a rate of salary, or a scale of rates of salary, applicable to that year or to a part of that year have been paid salary, in respect of that year or that part of that year, in accordance with that award or those awards; and

      • (ii)

        if the auditor is not so satisfied—certifying, in respect of each of those categories or classes of persons in respect of which the auditor 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 or college comprising that category or class; and

    • (e)

      the State will cause to be furnished to the Commission by the university or college, not later than such date as the Commission specifies, such statistical and other information as the Commission requires from the university or college in respect of the provision of tertiary education by the university or college during that year.

  • (4)

    Where a determination is made under subsection 4(5) in relation to the provision of a course of study at a university or the provision of a course of advanced education at a college of advanced education, any expenditure in connection with the 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 has been introduced at the university or college, in connection with the provision of the course, that is incurred by the university or college while the determination is in force shall not be treated as:

    • (a)

      expenditure by the university for university purposes in the application of subsections (3), (6) and (8) of this section to and in relation to financial assistance granted to the State in which the university is situated in relation to the university; or

    • (b)

      expenditure by the college for college purposes in the application of subsections (3), (10) and (12) of this section to and in relation to financial assistance granted to the State in which the college is situated in relation to the college.

  • (5)

    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 sum of the amounts expended by the university in respect of that year for university purposes included in the purpose so specified is not less than that amount.

  • (6)

    Where a university furnishes a statement to the Commission under section 7 of the previous Assistance Act or under this section and it appears from the statement that the sum of the amounts paid to a State in relation to the recurrent expenditure of the university for university purposes in respect of a year (in this subsection referred to as the base year), being the year 1984, 1985 or 1986, under section 7 of the previous Assistance Act or under this section, as the case requires, exceeds the sum of the amounts expended by the university for those purposes in respect of the base year, then, upon receipt of the statement by the Commission, for the purposes of the previous Assistance Act and this Act:

    • (a)

      there shall be deemed to have been specified in Schedule 1 to this Act (as from 1 January in the year next following the base year), in substitution for the amount specified in that Schedule in relation to the university and to the year next following the base year, that amount as increased by:

      • (i)

        the amount of the excess; or

      • (ii)

        the prescribed amount applicable to the university in respect of the base year;

     whichever is the less;

    • (b)

      the sum of the amounts so paid to the State in relation to recurrent expenditure of the university for university 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 section 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.

  • (7)

    Where the amount of the excess referred to in subsection (6) in relation to a university in respect of a year (in this subsection referred to as the base year) exceeds the prescribed amount applicable to the university in respect of the base year, the Minister may, if satisfied that there are special circumstances that warrant the giving of such a direction, at the request of the State in which the university is situated, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount) specified in Schedule 1 in relation to the university and to the year next following the base 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 the prescribed amount applicable to the university in respect of the base year, and, where the Minister gives such a direction, then, for the purposes of this Act, 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.

  • (8)

    Where the sum of the amounts expended by a university for university purposes in respect of a year, being the year 1984, 1985 or 1986, exceeds the sum of the amounts of financial assistance paid to the State in which the university is situated in relation to recurrent expenditure by the university for those purposes in respect of that year, under section 7 of the previous Assistance Act or under this section, as the case requires, then, for the purposes of this Act, an amount equal to the amount of the excess or the prescribed amount applicable to the university in respect of that year, whichever is the less, shall be treated as if it had been expended by the university for university purposes in respect of the next following year.

  • (9)

    Where the amount of the excess referred to in subsection (8) in relation to a university in respect of a year exceeds the prescribed amount applicable to the university in respect of that year, the Minister may, if satisfied that there are special circumstances that warrant the giving of such a direction, at the request of the State in which the university is situated, being a request made not later than 30 September next following the end of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount applicable to the university in respect of that year, shall be treated as if it had been expended by the university for university purposes in respect of the next following year, and, upon the Minister’s giving such a direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended.

  • (10)

    Where a college of advanced education furnishes a statement to the Commission under section 15 of the previous Assistance Act or under this section and it appears from the statement that the sum of the amounts paid to a State in relation to recurrent expenditure of the college for college purposes in respect of a year (in this subsection referred to as the base year), being the year 1984, 1985 or 1986, under section 15 of the previous Assistance Act or under this section, as the case requires, exceeds the sum of the amounts expended by the college for those purposes in respect of the base year, then, upon receipt of the statement by the Commission, for the purposes of the previous Assistance Act and this Act:

    • (a)

      there shall be deemed to have been specified in Schedule 3 to this Act (as from 1 January in the year next following the base year), in substitution for the amount specified in that Schedule in relation to the college and to the year next following the base year, that amount as increased by:

      • (i)

        the amount of the excess; or

      • (ii)

        the prescribed amount applicable to the college in respect of the base year;

     whichever is the less;

    • (b)

      the sum of the amounts so paid to the State in relation to the recurrent expenditure of the 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 section 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.

  • (11)

    Where the amount of the excess referred to in subsection (10) in relation to a college of advanced education in respect of a year (in this subsection referred to as the base year) exceeds the prescribed amount applicable to the college in respect of the base year, the Minister may, if satisfied that there are special circumstances that warrant the giving of such a direction, at the request of the State in which the college is situated, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the relevant amount) specified in Schedule 3 in relation to the college and to the year next following the base 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 the prescribed amount applicable to the college in respect of the base year, and, where the Minister gives such a direction, then, for the purposes of this Act, 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.

  • (12)

    Where the sum of the amounts expended by a college of advanced education for college purposes in respect of a year, being the year 1984, 1985 or 1986, exceeds the sum of the amounts of financial assistance paid to the State in which the college is situated in relation to recurrent expenditure by the college for those purposes in respect of that year, under section 15 of the previous Assistance Act or under this section, as the case requires, then, for the purposes of this Act, an amount equal to the amount of the excess or the prescribed amount applicable to the college in respect of that year, whichever is the less, shall be treated as if it had been expended by the college for college purposes in respect of the next following year.

  • (13)

    Where the amount of the excess referred to in subsection (12) in relation to a college of advanced education in respect of a year exceeds the prescribed amount applicable to the college in respect of that year, the Minister may, if satisfied that there are special circumstances that warrant the giving of such a direction, at the request of the State in which the college is situated, being a request made not later than 30 September next following the end of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount applicable to the college in respect of that year, shall be treated as if it had been expended by the college for college purposes in respect of the next following year, and, upon the Minister’s giving such a direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended.

  • (13A)

    The Minister may determine that an amount (in this subsection referred to as the relevant amount) expended by a university for university purposes, or by a college of advanced education for college purposes, in respect of a year to which this Act applies is an amount of expenditure that, in the opinion of the Minister, represents moneys that were paid to the university or college by a State:

    • (a)

      out of moneys granted by the Commonwealth to the State under section 4 of the States Grants (Nurse Education Transfer Assistance) Act 1985; or

    • (b)

      out of moneys other than those referred to in paragraph (a) pursuant to an agreement entered into pursuant to subsection 4(1) of the States Grants (Nurse Education Transfer Assistance) Act 1985;

and, where the Minister makes such a determination:

  • (c)

    the sum of the amounts expended by the university for university purposes, or by the college for college purposes, as the case requires, in respect of that year shall be taken, for the purposes of this section (other than paragraph (3)(d)), to be reduced by an amount equal to the relevant amount; and

  • (d)

    the amount specified in any statement furnished under paragraph (3)(d), whether furnished before or after the making by the Minister of a determination under this subsection, as the amount expended by the university for university purposes, or by the college for college purposes, in respect of that year shall be deemed, for the purposes of subsections (6), (7), (8), (9), (10), (11), (12) and (13), to be reduced by an amount equal to the relevant amount.

  • (14)

    In this section:

    • (a)

      a reference to university purposes in respect of a year, being the year 1984, 1985, 1986 or 1987, shall be read as a reference:

      • (i)

        in the case of the year 1984—to university purposes within the meaning of Part II of the previous Assistance Act; and

      • (ii)

        in the case of the year 1985, 1986 or 1987—to university purposes within the meaning of this Act;

    • (b)

      a reference to the prescribed amount applicable to a university in respect of a year, being the year 1984, 1985 or 1986, shall be read as a reference:

      • (i)

        in the case of the year 1984—to 1% of the sum of the amounts paid to the State in which the university is situated in relation to recurrent expenditure of the university for university purposes in respect of that year under section 7 of the previous Assistance Act; and

      • (ii)

        in the case of the year 1985 or 1986—to 1% of the sum of the amounts paid to the State in which the university is situated in relation to recurrent expenditure of the university for university purposes in respect of that year under this section;

    • (c)

      a reference to college purposes in respect of a year, being the year 1984, 1985, 1986 or 1987, shall be read as a reference:

      • (i)

        in the case of the year 1984—to college purposes within the meaning of Part III of the previous Assistance Act; and

      • (ii)

        in the case of the year 1985, 1986 or 1987—to college purposes within the meaning of this Act; and

    • (d)

      a reference to the prescribed amount applicable to a college of advanced education in respect of a year, being the year 1984, 1985 or 1986, shall be read as a reference:

      • (i)

        in the case of the year 1984—to the greater of $70,000 and an amount equal to 1% of the sum of the amounts paid to the State in which the college is situated in relation to recurrent expenditure of the college for college purposes in respect of that year under section 15 of the previous Assistance Act; and

      • (ii)

        in the case of the year 1985 or 1986—to the greater of $70,000 and an amount equal to 1% of the sum of the amounts paid to the State in which the college is situated in relation to recurrent expenditure of the college for college purposes in respect of that year under this section.

6Grants for recurrent expenditure of technical and further education institutions
  • (1)

    There is payable to a State under this section, for the purposes of financial assistance to the State in relation to recurrent expenditure in connection with the provision, in respect of a year to which this Act applies, of technical and further education at technical and further education institutions situated in the State, the amount specified in Schedule 4 in relation to that State and to that year.

  • (2)

    Financial assistance is granted to a State under subsection (1) in respect of a year to which this Act applies on the conditions that:

    • (a)

      the State will ensure that the sum of the amounts expended by the State and by instrumentalities of the State, by way of recurrent expenditure in connection with the provision, in respect of that year, of technical and further education at technical and further education institutions situated in the State is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in respect of that year;

    • (b)

      the State will ensure that each technical and further education institution situated in the State does not charge any student fees in respect of that year or any part of that year;

    • (c)

      the State will furnish to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with the approved form, as to the recurrent expenditure by the State and instrumentalities of the State in connection with the provision, in respect of that year, of technical and further education at technical and further education institutions situated in the State; and

    • (d)

      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 technical and further education in that State during that year.

7Promotion of equality of opportunity
  • (1)

    The Minister may, after obtaining the advice of the Commission, approve a proposal for expenditure by a body or person (in this section referred to as the relevant body or person) on an equal opportunity project as a proposal deserving financial assistance under this section in respect of a specified year to which this Act applies subject to such conditions as the Minister determines.

  • (2)

    A proposal submitted for the Minister’s approval under subsection (1) shall specify the State in which the project is to be undertaken.

  • (3)

    Where the Minister approves a proposal in respect of a year to which this Act applies, the Minister shall determine an amount, not exceeding the estimated expenditure on the proposal in that year, as the amount of the approved expenditure in relation to the proposal in respect of that year.

  • (4)

    Subject to subsection (5), in relation to each approved proposal for expenditure by a relevant body or person on an equal opportunity project, there is payable to the State in which the project is to be undertaken, for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the relevant body or person in connection with the approved proposal in respect of the year in respect of which the proposal is approved, an amount equal to the amount of the approved expenditure in relation to the proposal in respect of that year.

  • (3)

    The Minister shall not, upon being satisfied of a matter referred to in subsection (2) in relation to the payment of salary to prescribed staff of a university or college of advanced education in respect of a year or a part of a year, give a direction under that subsection by virtue of which an amount specified in relation to that university or college is reduced by an amount that exceeds:

    • (a)

      in a case to which paragraph (2)(a) applies—the aggregate of the amounts by which the salary paid to that prescribed staff in respect of that year or that part of that year differs from the salary that would have been paid to that prescribed staff in respect of that year or that part of that year if salary had been paid at the rate or in accordance with the scale of rates recommended by the Academic Salaries Tribunal; or

    • (b)

      in a case to which paragraph (2)(b) applies—the aggregate of the amounts by which the salary paid to that prescribed staff in respect of that year or that part of that year differs from the salary that would have been paid to that prescribed staff in respect of that year or that part of that year if salary had been paid at the rate or in accordance with the scale of rates established by the Australian Conciliation and Arbitration Tribunal.

  • (4)

    In subsection (2), a reference to a relevant certificate furnished to the Commission in compliance with the conditions attaching to a grant of financial assistance shall be read as a reference:

    • (a)

      in a case where the grant of financial assistance is a grant in relation to a university in respect of the year 1984 under section 7 of the previous Assistance Act—to a certificate furnished in compliance with subsection 7(2) of that Act;

    • (b)

      in a case where the grant of financial assistance is a grant in relation to a college of advanced education in respect of the year 1984 under section 15 of the previous Assistance Act—to a certificate furnished in compliance with subsection 15(2) of that Act; and

    • (c)

      in a case where the grant of financial assistance is a grant to a university or college of advanced education in respect of the year 1985 or 1986 under section 5 of this Act—to a certificate furnished in compliance with paragraph 5(3)(d) of this Act.

  • (5)

    The provisions of sections 48 (other than paragraphs (1)(a) and (b) and subsection (2)), 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to directions under subsection (2) of this section as if in those provisions references to regulations were references to directions, references to a regulation were references to a direction and references to a repeal were references to a revocation.

47Time and manner of payments

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

48Delegation
  • (1)

    The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate, to the Commission or a full‑time member of the Commission or to an officer of the Department all or any of the Minister’s powers under this Act, other than this power of delegation.

  • (2)

    The Commission may, by resolution, either generally or as otherwise provided by the resolution, delegate to a full‑time member of the Commission all or any of its powers under this Act, other than this power of delegation.

  • (3)

    A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister or the Commission, as the case requires.

  • (4)

    A delegation of a power by the Minister under this section does not prevent the exercise of the power by the Minister.

  • (5)

    A delegation of a power by the Commission under this section:

    • (a)

      may be revoked by resolution of the Commission (whether or not constituted by the persons constituting the Commission at the time the power was delegated);

    • (b)

      does not prevent the exercise of the power by the Commission; and

    • (c)

      continues in force notwithstanding a change in the membership of the Commission.

  • (6)

    Where a provision of this Act confers a power upon the Minister to do any act or thing after obtaining the advice of the Commission:

    • (a)

      the power may be delegated by the Minister to the Commission or a full‑time member of the Commission under subsection (1); and

    • (b)

      that provision has effect in relation to the exercise of the power by the Commission or the full‑time member of the Commission, as the case may be, under such a delegation as if the requirement for obtaining the advice of the Commission were omitted.

  • (7)

    Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Commission were a person.

  • (8)

    A certificate signed by the Chairman stating any matter with respect to a delegation of a power by the Commission under this section is prima facie evidence of that matter.

  • (9)

    A document purporting to be a certificate mentioned in subsection (8) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

49Advances

The Minister may make arrangements for the making of advances by the Minister to a State, by way of financial assistance to the State, on account of an amount that is expected to become payable under a provision of this Act to the State, and the conditions that would be applicable to a payment of the amount under that provision are applicable to any such advance.

50Payments may be made out of the Consolidated Revenue Fund or the Loan Fund

Payments (including an advance under section 49) to a State under this Act may be made out of:

  • (a)

    in the case of payments under section 32, 33, 34, 38 or 39—the Consolidated Revenue Fund or the Loan Fund; or

  • (b)

    in any other case—the Consolidated Revenue Fund.

51Authority to borrow

The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts payable to the States under section 32, 33, 34, 38 or 39.

52Application of moneys borrowed

Moneys borrowed under section 51 shall be issued and applied only for the expenses of borrowing, for the purpose of making payments to the States in accordance with section 32, 33, 34, 38 or 39 and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 53.

53Reimbursement of Consolidated Revenue Fund from Loan Fund
  • (1)

    Where an amount has been paid out of the Consolidated Revenue Fund in accordance with section 32, 33, 34, 38 or 39, the Minister for Finance may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

  • (2)

    In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Minister for Finance under section 49 or 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under subsection (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

54Appropriation

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

55Report by Minister

The Minister shall, as soon as practicable after the end of each year to which this Act applies, cause a report setting out details of determinations made by the Minister or the Commission under section 4, 7, 8, 9, 10, 11, 12, 14, 26, 27, 28, 29, 30, 35, 37 or 41, or estimates or revisions of estimates made by the Minister under section 4A, to be laid before each House of the Parliament.

Part VIIAmendments of the States Grants (Tertiary Education Assistance) Act 198156Principal Act

The States Grants (Tertiary Education Assistance) Act 1981 is in this Part referred to as the Principal Act.

57Recurrent grants in respect of student residences and affiliated colleges

Section 11 of the Principal Act is amended by omitting from paragraph (3)(c) $3,592,000 and substituting $3,613,000.

58Recurrent grants in respect of student residences and affiliated colleges

Section 20 of the Principal Act is amended by omitting from paragraph (3)(c) $1,094,000 and substituting $1,101,000.

59Grants for courses of teacher education provided by non‑government teachers colleges

Section 23 of the Principal Act is amended:

  • (a)

    by omitting from subparagraph (2)(a)(iii) $1,029,000 and substituting $1,036,000; and

  • (b)

    by omitting from subparagraph (2)(b)(iii) $1,518,000 and substituting $1,528,000.

60Grants for community language courses

Section 38 of the Principal Act is amended by omitting from paragraph (4)(c) $958,000 and substituting $963,000.

61Recurrent grants may be increased to assist institutions in meeting certain superannuation expenses

Section 38A of the Principal Act is amended by omitting from paragraph (3)(b) $9,370,000 and substituting $12,054,000.

62Recurrent grants may be increased to assist institutions to meet expenses due to increased enrolments in 1984

Section 38B of the Principal Act is amended by omitting from subsection (2) $10,766,000 and substituting $10,834,000.

63Substitution of Schedules
  • (1)

    Schedules 1, 2, 2A and 3 to the Principal Act are repealed and the Schedules set out in Schedule 24 to this Act are substituted.

  • (2)

    Schedule 6 to the Principal Act is repealed and the Schedule set out in Schedule 25 to this Act is substituted.

  • (3)

    Schedule 7B to the Principal Act is repealed and the Schedule set out in Schedule 26 to this Act is substituted.

  • (4)

    Schedule 8 to the Principal Act is repealed and the Schedule set out in Schedule 27 to this Act is substituted.

  • (5)

    Schedule 10 to the Principal Act is repealed and the Schedule set out in Schedule 28 to this Act is substituted.

64Payments made before Royal Assent

Payments (including advances) by way of financial assistance made to a State or to the Northern Territory under the Principal Act shall be deemed to have been made for the purposes of the Principal Act as amended by this Act.

Schedule 3— continued

Schedule 5— continued

Schedule 10— continued

Schedule 23A

Subsection 3(13)

PROVISIONS WHERE REFERENCES TO THE COMMISSION ARE TO BE READ AS REFERENCES TO THE MINISTER

Notes to theState Grants (Tertiary Education Assistance) Act 1984

Note 1

The State Grants (Tertiary Education Assistance) Act 1984 as shown in this compilation comprises Act No. 127 of 1984 amended as indicated in the Tables below.

Table of Acts

Act

Number

and year

Date

of Assent

Date of commencement

Application, saving or transitional provisions

States Grants (Tertiary Education Assistance) Act 1984

127, 1984

25 Oct 1984

25 Oct 1984

States Grants (Tertiary Education Assistance) Amendment Act1985

61, 1985

4 June 1985

4 June 1985

S. 16

States Grants (Tertiary Education Assistance) Amendment Act (No. 3) 1985

160, 1985

11 Dec 1985

S. 3(1): 4 June 1985

Remainder: Royal Assent

S. 21

States Grants (Tertiary Education Assistance) Amendment Act (No. 2) 1985

165, 1985

11 Dec 1985

(a)

—

States Grants (Tertiary Education Assistance) Amendment Act 1986

67, 1986

24 June 1986

24 June 1986

S. 11

States Grants (Tertiary Education Assistance) Amendment Ac t(No. 2) 1986

134, 1986

9 Dec 1986

9 Dec 1986

—

States Grants (Tertiary Education Assistance) Amendment Act (No. 3) 1986

165, 1986

18 Dec 1986

S. 27(1): 11 Dec 1985

Remainder: Royal Assent

S. 31

States Grants (Tertiary Education Assistance) Amendment Act 1987

36, 1987

5 June 1987

S. 9: 18 Dec 1986

Remainder: Royal Assent

S. 11

States Grants (Tertiary Education Assistance) Amendment Act (No. 2) 1987

124, 1987

16 Dec 1987

16 Dec 1987

S. 14

as amended by

States Grants (Tertiary Education Assistance) Amendment Act 1988

62, 1988

15 June 1988

S. 19: 16 Dec 1987 (see s. 2)

Remainder: Royal Assent

—

Employment, Education and Training Act 1988

80, 1988

24 June 1988

1 July 1988 (see Gazette 1988, No. S190)

—

Industrial Relations (Consequential Provisions) Act 1988

87, 1988

8 Nov 1988

Ss. 1 and 2: Royal Assent

Remainder: 1 Mar 1989 (see s. 2(2) and Gazette 1989, No. S53)

—

as amended by

Industrial Relations Legislation Amendment Act (No. 2) 1990

108, 1990

18 Dec 1990

Ss. 8, 13 and 21: 1 Feb 1991 (see s. 2(4) and Gazette 1991, No. S18)

Ss. 22‑24: 1 Mar 1989

S. 26: 1 Jan 1990

S. 33: 25 Mar 1991 (see Gazette 1991, No. S73)

Remainder: Royal Assent

—

Statutory Instruments (Tabling and Disallowance) LegislationAmendment Act 1988

99, 1988

2 Dec 1988

2 Dec 1988

—

Higher Education Funding Act 1988

2, 1989

6 Jan 1989

Ss. 97 and 98: Royal Assent (b)

S. 28(b)

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 4 (items 141, 142): Royal Assent (c)

—

Workplace Relations and Other Legislation Amendment Act 1996

60, 1996

25 Nov 1996

Schedule 19 (item 48): Royal Assent (d)

—

Statute Stocktake Act 1999

118, 1999

22 Sept 1999

22 Sept 1999

—

(a) 2. This Act shall come into operation immediately after the States Grants (Nurse Education Transfer Assistance) Act 1985 comes into operation.

The States Grants (Nurse Education Transfer Assistance) Act 1985 commenced on 11 December 1985.

(b) The States Grants (Tertiary Education Assistance) Act 1984 was amended by sections 97 and 98 only of the Higher Education Funding Act 1988, subsection 2(1) of which provides as follows:

  • (1)

    Chapters 1, 2, 3, 4, 6 and 7 commence on the day on which this Act receives the Royal Assent.

(c) The States Grants (Tertiary Education Assistance) Act 1984 was amended by Schedule 4 (items 141, 142) only of the Statute 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.

(d) The States Grants (Tertiary Education Assistance) Act 1984 was amended by Schedule 19 (item 48) only of the Workplace Relations and Other Legislation Amendment Act 1996. subsection 2(1) of which provides as follows:

  • (1)

    Subject to this section, this Act commences on the day on which it receives the Royal Assent.

Table of Amendments

  • ad. = added or inserted

     am. = amended rep. = repealed rs. = repealed and substituted

 

Provision affected

How affected

S. 3 .........................................

am. No. 160, 1985; Nos. 134 and 165, 1986; No. 124, 1987; Nos. 80 and 87, 1988; No. 43, 1996

S. 4 .........................................

am. No. 165, 1986; No. 124, 1987

Ss. 4A‑4C ................................

ad. No. 134, 1986

am. No. 165, 1986

S. 4D .......................................

ad. No. 134, 1986

am. No. 2, 1989

S. 5 .........................................

am. No. 165, 1985; Nos. 134 and 165, 1986; No. 87, 1988 (as am. by No. 108, 1990); No. 60, 1996

S. 6 .........................................

am. No. 160, 1985; No. 165, 1986

S. 7 .........................................

am. Nos. 61 and 160, 1985; Nos. 67 and 165, 1986; Nos. 36 and 124, 1987

S. 8 .........................................

am. Nos. 61 and 160, 1985; Nos. 67 and 165, 1986; No. 36, 1987

Ss. 9‑11 ...................................

am. Nos. 61 and 160, 1985; Nos. 67 and 165, 1986; Nos. 36 and 124, 1987

S. 12 .......................................

am. Nos. 61 and 160, 1985; Nos. 67 and 165, 1986

S. 14 .......................................

am. Nos. 61 and 160, 1985; Nos. 67 and 165, 1986; Nos. 36 and 124, 1987

S. 15A .....................................

ad. No. 165, 1986

S. 16 .......................................

am. No. 134, 1986

S. 17 .......................................

am. No. 165, 1985; No. 134, 1986

S. 18 .......................................

am. No. 134, 1986

S. 19 .......................................

am. No. 160, 1985

rep. No. 165, 1986

Ss. 20‑23 .................................

am. No. 160, 1985; No. 165, 1986

S. 23A .....................................

ad. No. 165, 1986

am. No. 124, 1987

S. 24 .......................................

am. No. 160, 1985; No. 165, 1986

S. 25 .......................................

am. No. 160, 1985

S. 26 .......................................

am. No. 165, 1986

S. 31 .......................................

am. No. 61, 1985; No. 99, 1988

S. 32 .......................................

am. No. 165, 1985

S. 33 .......................................

am. No. 160, 1985; No. 165, 1986

S. 34 .......................................

am. No. 165, 1985

S. 36 .......................................

am. No. 61, 1985; No. 99, 1988

S. 37 .......................................

am. No. 160, 1985

S. 38 .......................................

am. No. 160, 1985; No. 36, 1987

S. 40 .......................................

am. Nos. 160 and 165, 1985

S. 41 .......................................

am. Nos. 61 and 160, 1985

S. 42 .......................................

am. No. 61, 1985; No. 99, 1988

S. 43 .......................................

am. No. 165, 1986

S. 44 .......................................

am. No. 160, 1985; No. 165, 1986

S. 46 .......................................

am. No. 61, 1985; No. 165, 1986

S. 48 .......................................

am. No. 124, 1987

S. 55 .......................................

am. No. 134, 1986

Schedules 1‑6 .........................

rs. Nos. 61 and 160, 1985; Nos. 67 and 165, 1986; Nos. 36 and 124, 1987

Schedule 6A ............................

ad. No. 165, 1986

rs. Nos. 36 and 124, 1987

Schedules 7‑13 .......................

rs. Nos. 61 and 160, 1985; Nos. 67 and 165, 1986; Nos. 36 and 124, 1987

Schedules 14‑20 .....................

rs. Nos. 61 and 160, 1985; Nos. 67 and 165, 1986; No. 36, 1987

Schedule 20A ..........................

ad. No. 160, 1985

rs. Nos. 67 and 165, 1986; No. 36, 1987

Schedules 21, 22 ....................

rs. Nos. 61 and 160, 1985; Nos 67 and 165, 1986; No. 36, 1987

Schedule 23 ............................

rs. Nos. 61 and 160, 1985; Nos. 67 and 165, 1986; Nos. 36 and 124, 1987

Schedule 23A ..........................

ad. No. 124, 1987 (as am. by No. 62, 1988)

Note 2

Section 3(8)—Paragraph 3(2)(f) of the States Grants (Tertiary Education Assistance) Amendment Act (No. 3) 1985 provides as follows:

  • “(f)

    by omitting from subsection (8) ‘or technical and further education institute’ and substituting ‘, technical and further education institution or institute of tertiary education’.”

The proposed amendment was misdescribed and is not incorporated in this compilation.

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