States Grants (Tertiary Education Assistance) Act 1987 (Cth)

Case
No judgment structure available for this case.

Text
C2004C07044

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987
- Updated as at 22 April 1994 (#DATE 22:04:1994)

*1* The States Grants (Tertiary Education Assistance) Act 1987 as shown in this reprint comprises Act No. 123, 1987 amended as indicated in the Tables below. Table of Acts Act Date Date of Application, Number and of Assent commencement saving or year transitional provisions States Grants (Tertiary Education Assistance) Act 1987 123, 1987 16 Dec 1987 16 Dec 1987 States Grants (Tertiary Education Assistance) Amendment Act 1988 62, 1988 15 June 1988 S. 19: 16 Dec 1987 S. 18 (see s. 2 (2)) Remainder: Royal Assent Employment, Education and Training Act 1988 80, 1988 24 June 1988 1 July 1988 (see - Gazette 1988, No. S190) Higher Education Funding Act 1988 2, 1989 6 Jan 1989 Chapter 7 (ss. 125-132): S. 132 Royal Assent (a) States Grants (Technical and Further Education Assistance) Act 1989 13, 1989 16 Mar 1989 16 Mar 1989 - Migration Legislation Amendment (Consequential Amendments) Act 1989 159, 1989 18 Dec 1989 S. 4: 19 Dec 1989 - (see s. 2 (2)) Remainder: (b) (a) The States Grants (Tertiary Education Assistance) Act 1987 was amended by Chapter 7 (ss. 125-132) 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." (b) "(1) This Act, other than section 4, commences immediately before the commencement of section 4 of the Migration Legislation Amendment Act 1989." Section 4 of the Migration Legislation Amendment Act 1989 commenced on 14 December 1992. Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 3 am. No. 80, 1988 Ss. 11-15 am. No. 62, 1988; No. 2, 1989 S. 15A ad. No. 62, 1988 S. 17A ad. No. 62, 1988 S. 18 am. No. 62, 1988 S. 21 am. No. 62, 1988; No. 13, 1989 Ss. 22, 23 am. No. 62, 1988 S. 25 am. No. 159, 1989 S. 31 am. No. 62, 1988; No. 13, 1989 S. 32 am. No. 62, 1988 S. 48 am. No. 62, 1988 Schedules 1-4 rs. No. 62, 1988; No. 2, 1989 Schedule 4A ad. No. 62, 1988 Schedules 5-7 rs. No. 62, 1988; No. 2, 1989 Schedules 8-10 rs. No. 62, 1988 Schedule 11 rs. No. 62, 1988; No. 13, 1989

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS Section PART I - PRELIMINARY 1. Short title 2. Commencement 3. Interpretation 4. New teaching developments 5. Estimate of relevant enrolments 6. Calculation of amounts of reductions 7. Adjustments where estimated enrolments not equal to actual enrolments 8. Liability to charge 9. Student fees PART II - HIGHER EDUCATION RECURRENT GRANTS Division 1 - General recurrent grants 10. Grants for expenditure for university purposes and college purposes 11. Promotion of equality of opportunity 12. Recurrent grants may be increased to assist institutions in promoting greater participation of Aboriginals in higher education 13. Special assistance for students 14. Special research assistance 15. Recurrent grants may be increased to assist institutions in meeting certain superannuation expenses 15A. Recurrent grants may be increased to assist institutions in meeting Second Tier Wage Case decisions Division 2 - Special grants for universities 16. Special research grants 17. Recurrent grants in respect of teaching hospitals 17A. Recurrent grants in respect of drug and alcohol education in teaching hospitals Division 3 - Special grants for advanced education 18. Grants for expenditure in connection with the provision of courses of advanced education in institutes of tertiary education 19. Grants for expenditure in connection with the provision of courses of advanced education in technical and further education institutions 20. Grants for courses of teacher education provided by non-government teachers colleges PART III - TECHNICAL AND FURTHER EDUCATION RECURRENT GRANTS Division 1 - General Recurrent Grants 21. Grants for recurrent expenditure in connection with the provision of technical and further education 22. Grants for adult education 23. Grants for advanced English language courses for migrants Division 2 - Special grants for non-government business colleges 24. Approvals by Minister in respect of 1988 25. Grants for approved courses provided by non-government business colleges PART IV - EQUIPMENT AND BUILDING GRANTS Division 1 - Higher Education 26. Equipment grants for relevant higher education institutions 27. Approval of, and directions relating to, additional building projects 28. Major building projects 29. Minor building projects 30. Conditions attaching to building grants Division 2 - Technical and Further Education 31. Grants for building or equipment expenditure in connection with the provision of technical and further education PART V - VARIATIONS 32. Variations of amounts relating to recurrent expenditure for universities and advanced education 33. Variations of amounts relating to special research grants 34. Variation of amounts relating to building expenditure and certain equipment expenditure 35. Variations of amounts relating to equipment grants for relevant higher education institutions 36. Variations affecting State entitlements to grants 37. Application of Part XII of Acts Interpretation Act 1901 to certain instruments PART VI - MISCELLANEOUS 38. Benefits of, and opportunities created by, grants to be equally available to male students and female students 39. Additional conditions etc. 40. Time and manner of payments 41. Delegation 42. Advances 43. Payments may be made out of the Consolidated Revenue Fund or the Loan Fund 44. Authority to borrow 45. Application of moneys borrowed 46. Reimbursement of Consolidated Revenue Fund from Loan Fund 47. Appropriation 48. Reports by the Minister SCHEDULE 1 GRANTS AVAILABLE FOR EXPENDITURE BY UNIVERSITIES FOR UNIVERSITY PURPOSES SCHEDULE 2 GRANTS AVAILABLE FOR EXPENDITURE BY COLLEGES OF ADVANCED EDUCATION ON COLLEGE PURPOSES SCHEDULE 3 SPECIAL RESEARCH GRANTS FOR UNIVERSITIES SCHEDULE 4 GRANTS FOR RECURRENT EXPENDITURE OF TEACHING HOSPITALS OF UNIVERSITIES SCHEDULE 4A GRANTS FOR RECURRENT EXPENDITURE IN RELATION TO DRUG AND ALCOHOL EDUCATION AT UNIVERSITIES SCHEDULE 5 GRANTS AVAILABLE FOR RECURRENT EXPENDITURE BY INSTITUTES OF TERTIARY EDUCATION SCHEDULE 6 GRANTS FOR EXPENDITURE BY STATES ON PROVISION OF COURSES OF ADVANCED EDUCATION IN TECHNICAL AND FURTHER EDUCATION INSTITUTIONS SCHEDULE 7 MAXIMUM GRANTS AVAILABLE FOR EXPENDITURE BY NON-GOVERNMENT TEACHERS COLLEGES SCHEDULE 8 GRANTS FOR EQUIPMENT FOR HIGHER EDUCATION INSTITUTIONS SCHEDULE 9 GRANTS FOR SPECIFIED BUILDING PROJECTS OF HIGHER EDUCATION INSTITUTIONS SCHEDULE 10 GRANTS FOR MINOR BUILDING PROJECTS OF HIGHER EDUCATION INSTITUTIONS SCHEDULE 11 MAXIMUM MONTHLY CAPITATION AMOUNT OF COMMONWEALTH ASSISTANCE TO NON-GOVERNMENT BUSINESS COLLEGES

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - LONG TITLE

SECT

An Act relating to the grant of financial assistance to the States and the Northern Territory with respect to tertiary education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - PART I
PART I - PRELIMINARY

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 1
Short title

SECT

1. This Act may be cited as the States Grants (Tertiary Education Assistance) Act 1987.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 2
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 3
Interpretation

SECT

3. (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 Tribunals Act 1973; "approved authority" means, in relation to a non-government teachers college or a non-government business college, a person or body declared by the Minister to be an approved authority of that college for the purposes of this Act; "approved form" means a form approved by the Minister; "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 recognised 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 1988, 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 2; "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 involving the purchase of land, in relation to each of which the total expenditure does not exceed $100,000 or an amount equal to 0.25% of the amount specified in Schedule 2 in relation to the college, whichever is the lesser amount; "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 concerned 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, 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 or another relevant institution; "course of teacher education" means a course of instruction that is accredited or provisionally accredited by the responsible authority for the State concerned 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; "de facto spouse" means a person who is living with another person of the opposite sex as the spouse of that other person on a bona fide domestic basis although not legally married to that other person; "enrolment" includes re-enrolment; "fees", in relation to a relevant institution, means tuition, examination or other fees payable to the institution by a student enrolled at, or applying for enrolment at, the institution in connection with a course of study or attendance at the institution, and includes fees payable to the 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 organisation of students, or of students and other persons, or in respect of the provision to students of amenities or services that are not of an academic nature; (c) fees payable in respect of residential accommodation; (d) fees imposed in accordance with guidelines determined by the Minister, by notice published in the Gazette, for the imposition of fees in respect of overseas students; (e) 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; (f) 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 (g) 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 in a State, or a proposed institution to be in a State, that is specified in Schedule 5; "minor building project" means a building project determined by the Minister to be a minor building project; "non-government business college" means a business college in a State that is not established by the Government of the State or conducted by or on behalf of that Government, but does not include a business college conducted for the profit, direct or indirect, of an individual or individuals; "non-government teachers college" means Avondale College or McAuley College; "Northern Territory tertiary education institution" means Batchelor College; "prescribed staff", in relation to a body, means: (a) the members of the staff (whether employed on a full-time or part-time basis) of the body: (i) who are employed by the body 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 body 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; "previous Assistance Act" means the States Grants (Tertiary Education Assistance) Act 1984; "qualified accountant" means: (a) a person registered as a company auditor or a public accountant under a law in force in a State or Territory; (b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or (c) a person approved by the Minister as a qualified accountant for the purposes of this Act; "qualified auditor" means: (a) the Auditor-General of the State; or (b) a qualified accountant; "recurrent expenditure" means expenditure that is not capital expenditure; "relevant date", in relation to an institution, means a date specified by the Minister for the purposes of that institution by notice published in the Gazette before 31 December 1987; "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 (d) of the definition of "fees" in relation to that course or that part of that course; (c) the enrolment of: (i) a person who at any time in the year 1988 has been in receipt of a pension, benefit or allowance from the Commonwealth, being a person specified by the Minister for the purposes of this subparagraph by notice published in the Gazette; or (ii) a person who at any time in the year 1988 has been the spouse of, and dependent on, another person specified by the Minister for the purposes of subparagraph (i) and this subparagraph by notice published in the Gazette; (d) 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 or exemption was provided in respect of that year; or (e) 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 $1,100 per annum, not including any amount payable in respect of the person's dependants; "relevant higher education institution" means a university, college of advanced education, institute of tertiary education or non-government teachers college; "relevant institution" means: (a) a university, college of advanced education, institute of tertiary education, non-government teachers college or a technical and further education institution providing courses of advanced education that is in a State; or (b) the Northern Territory tertiary education institution; "spouse" includes a de facto spouse; "State" includes the Northern Territory; "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; "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), 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 in a State, or a proposed institution to be 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 involving the purchase of land, in relation to each of which the total expenditure does not exceed $100,000 or an amount equal to 0.25% of the amount specified in Schedule 1 in relation to the university, whichever is the lesser amount.

(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) 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 reference to a report of the Academic Salaries Tribunal is 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 Tribunals Act 1973.

(5) For the purposes of this Act: (a) a State shall be deemed to have paid money to a college of advanced education, or an institute of tertiary education, that is not a body corporate if it has paid the money to the body administering that college or institute, as the case requires; and (b) a college of advanced education or 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 college or institute, as the case requires, has done that act or thing.

(6) Where: (a) a State proposes to establish an institution, being a college of advanced education or an institute of tertiary education; (b) the name of the proposed institution is specified in a Schedule to this Act; and (c) an institution under that name has not been established or a body has not been established to administer the proposed institution; then, for the purposes of this Act: (d) there shall be deemed to be in existence a college of advanced education or an institute of tertiary education, as the case requires, under that name; (e) the State shall be deemed to have paid money to the institution if it has paid the money to such person or body as the Minister determines to be the appropriate authority in relation to the institution for the purposes of this Act; and (f) the institution 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 institution has done that act or thing.

(7) Where the Minister is satisfied that a relevant institution (other than the Northern Territory tertiary 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 relevant State, 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.

(8) 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.

(9) 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.

(10) 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 except where that course is of less than 12 months' duration and the person undertakes that course continuously.

(11) Where a matter specified in a Schedule has been varied under this Act, a reference in this Act to that matter is a reference to that matter as so varied.

(12) The express references in this Act to the Northern Territory do not imply that references to a State do not include references to that Territory.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 4
New teaching developments

SECT

4. (1) The Minister may declare a course of study at a university involving a new teaching development to be a course of study to which this section applies.

(2) The Minister may declare a course of advanced education at a relevant tertiary education institution (other than a university) involving a new teaching development to be a course of advanced education to which this section applies.

(3) As soon as practicable after the Minister makes a declaration under subsection (1) or (2), the Minister shall cause copies of the declaration to be furnished: (a) in the case of a declaration under subsection (1) - to the State Tertiary Education Minister for each State, other than the Northern Territory; or (b) in the case of a declaration under subsection (2) - to the State Tertiary Education Minister for each State.

(4) The Minister may, in his or her discretion: (a) determine that the Minister does not approve, for the purpose of grants of financial assistance under this Act, the provision at a university of a relevant course of study that has been introduced, or that is proposed to be introduced, by that institution in the year 1988; or (b) determine that the Minister 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 the year 1988; and may revoke such a determination.

(5) As soon as practicable after the Minister makes or revokes a determination under subsection (4), the Minister shall give notice of the making or revocation of the determination: (a) where the relevant tertiary education institution is a university in a State - to the university; (b) where the relevant tertiary education institution is a college of advanced education or an institute of tertiary education in a State - to the authority responsible, or principally responsible, for coordination of advanced education in the State; and (c) where the relevant tertiary education institution is a technical and further education institution in a State - to the instrumentality of the State responsible, or principally responsible, for technical and further education in the State.

(6) For the purposes of this Act, a determination under subsection (4) shall be deemed to come into force when notice of the making of the determination has been given under subsection (5).

(7) In this section, unless the contrary intention appears: "relevant course of advanced education" means a course of advanced education that is declared, in a declaration in force under subsection (2), to be a course of advanced education to which this section applies; "relevant course of study" means a course of study that is declared, in a declaration in force under subsection (1), to be a course of study to which this section applies; "relevant tertiary education institution" means: (a) a university in a State; (b) a college of advanced education in a State; (c) an institute of tertiary education in a State at which courses of advanced education are provided; or (d) a technical and further education institution in a State at which courses of advanced education are provided.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 5
Estimate of relevant enrolments

SECT

5. (1) The Minister shall, before 31 December 1987: (a) by instrument in writing, estimate the number of relevant enrolments in respect of the year 1988 at each relevant institution to which section 10, 18, 19 or 20 applies; and (b) by instrument in writing, estimate the number of relevant enrolments in respect of the year 1988 at the Northern Territory tertiary education institution.

(2) Where: (a) the Minister has made an estimate under subsection (1) of the number of relevant enrolments at a relevant institution in a State, or at the Northern Territory tertiary education institution, in respect of the year 1988; and (b) the Minister 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 the Northern Territory tertiary education institution, as the case may be, in respect of the year 1988; the Minister may, before 31 December 1988, by instrument in writing, revise the estimate so made and, 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 relevant State Tertiary Education Minister.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 6
Calculation of amounts of reductions

SECT

6. (1) The amount of the reduction to be calculated in relation to a State for the year 1988 under subsection 10 (1) or (2), 18 (1), 19 (1) or 20 (1) in relation to a relevant institution in the State is the amount obtained by multiplying the number of relevant enrolments at the institution estimated by the Minister under section 5 in respect of that year by 90% of the amount of charge applicable to that year under section 8.

(2) The amount of the reduction to be calculated in relation to the Northern Territory for the year 1988 under subsection 12 (3) is the amount obtained by multiplying the number of relevant enrolments at the Northern Territory tertiary education institution estimated by the Minister under section 5 in respect of that year by 90% of the amount of charge applicable to that year under section 8.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 7
Adjustments where estimated enrolments not equal to actual enrolments

SECT

7. (1) In this section: "actual enrolment number", in relation to the year 1987, in relation to a relevant institution, means the actual number of relevant enrolments at the institution in respect of that year; "estimated enrolment number", in relation to the year 1987 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 of the previous Assistance Act; (b) in the case of the Darwin Institute of Technology - the number 1,491; or (c) in the case of the Northern Territory tertiary education institution - the number 51.

(2) If the actual enrolment number in relation to a relevant institution in a State in relation to 1987 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 of the previous Assistance Act.

(3) Payment of an amount to a State under subsection 10 (1) or (2), 18 (1), 19 (1) or 20 (1) in relation to a relevant institution in respect of the year 1988 is subject to the additional condition that, if the estimated enrolment number for the year 1987 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 of the previous Assistance Act.

(4) Payment of an amount to the Northern Territory under subsection 12 (3) in respect of the year 1988 is subject to the additional condition that, if the estimated enrolment number for the year 1987 in relation to the Northern Territory tertiary education institution is less than the actual enrolment number in relation to the institution, 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 of the previous Assistance Act.

(5) An amount payable to a State under subsection (2) in relation to a relevant institution in respect of the year 1987 may be added to a grant to the State in relation to that institution in respect of the year 1988.

(6) An amount payable by a State to the Commonwealth in accordance with the condition referred to in subsection (3) or (4) in respect of the year 1987 may be deducted from a grant to the State in respect of the year 1988 in relation to the institution in respect of which the amount became payable.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 8
Liability to charge

SECT

8. (1) Where under this Act an amount of charge is required to be imposed by a relevant institution in respect of a student in respect of the year 1988, this section has effect.

(2) Subject to this section, the student is liable to charge if: (a) the student becomes enrolled, by a relevant enrolment, at the institution during the year; or (b) is undertaking a course or part of a course at the institution at a relevant date in the year, although not enrolled at the institution.

(3) Subject to this section, the student is liable to charge under subsection (2): (a) if paragraph (2) (a) applies - on the date of enrolment; or (b) if paragraph (2) (b) applies - on the relevant date referred to in that paragraph.

(4) A student is not liable to charge on a date in the year if the student has become liable to charge on an earlier date in the year in respect of the same institution.

(5) A student is not liable to charge under paragraph (3) (b) in respect of an institution where the student would be a person of a kind referred to in paragraph (b) or (c) of the definition of "relevant enrolment" in subsection 3 (1) if the student were enrolled at that institution.

(6) Where: (a) at any time during the year, a student would be liable to charge in respect of an institution but is not liable because the student is a person of a kind referred to in paragraph (b) or (c) of the definition of "relevant enrolment" in subsection 3 (1); and (b) at a later time in the year, the student is not such a person; the student is not liable to charge in respect of the institution in that year.

(7) The amount of charge to which a student becomes liable in the year by each application of this section is the amount of charge in respect of a relevant enrolment in the year determined under section 4D of the previous Assistance Act.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 9
Student fees

SECT

9. (1) On application by a university, college of advanced education or institute of tertiary education, the Minister may specify, by notice published in the Gazette, post-graduate courses for the purposes of subsection (2).

(2) A person who possesses educational qualifications and has earned a living at any time may be charged fees in respect of undertaking, for the purpose of acquiring further qualifications, a post-graduate course specified under subsection (1).

(3) On application by a State, the Minister may specify, by notice published in the Gazette, courses of technical and further education for the purposes of subsection (4).

(4) A person who has earned a living at any time may be charged fees in respect of undertaking, for purposes other than an initial vocational qualification, a course specified under subsection (3).

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - PART II
PART II - HIGHER EDUCATION RECURRENT GRANTS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - DIVISION 1
Division 1 - General recurrent grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 10
Grants for expenditure for university purposes and college purposes

SECT

10. (1) In relation to each university specified in 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 the year 1988, the amount specified in that Schedule in relation to the university reduced by the amount calculated under section 6 in relation to the university in respect of that year.

(2) In relation to each college of advanced education specified in Schedule 2, 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 the year 1988 the amount specified in that Schedule in relation to the college, reduced by the amount calculated under section 6 in relation to the college in respect of that year.

(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 the year 1988 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 or the amount specified in Schedule 2 in relation to the college, 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 except as provided by section 9; (d) the State will ensure that each university and college of advanced education situated in the State imposes in respect of that year an amount of charge in respect of each student as provided by section 8; (e) the State will ensure that the university or college furnishes to the Minister, not later than 30 September 1989, 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 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) certifying 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 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 (f) the State will cause to be furnished to the Minister by the university or college, not later than such date as the Minister specifies, such statistical and other information as the Minister 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 (4) 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 Minister concerning the course), or 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 subsection (3) 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 subsection (3) 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) The Minister may determine that an amount (in this subsection called the "relevant amount") expended by a university for university purposes, or by a college of advanced education for college purposes, in respect of the year 1988 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) under an agreement entered into under subsection 4 (1) of the States Grants (Nurse Education Transfer Assistance) Act 1985; and, where the Minister makes such a determination, 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) (e)), to be reduced by an amount equal to the relevant amount.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 11
Promotion of equality of opportunity

SECT

11. (1) The Minister may approve a proposal for expenditure by a body or person (in this section called the "relevant body or person") on an equal opportunity project as a proposal deserving financial assistance under this section in respect of the year 1988 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, the Minister shall determine an amount, not exceeding the estimated expenditure on the proposal in the year 1988, as the amount of the approved expenditure in relation to the proposal.

(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 1988, an amount equal to the amount of the approved expenditure in relation to the proposal.

(5) The aggregate of the amounts determined by the Minister under this section shall not exceed $1,259,000.

(6) Where financial assistance is granted to a State under subsection (4) in relation to an approved proposal and the relevant body or person in relation to the proposal is a university, college of advanced education or institute of tertiary education, the financial assistance is granted to the State on the conditions that: (a) the State will pay each amount of that financial assistance received by it to the university, college or institute without undue delay; (b) the State will ensure that the sum of the amounts expended by the university, college or institute in connection with the proposal in respect of the year 1988, being amounts expended before 1 January 1989 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 the proposal; and (c) the State will ensure that the university, college or institute furnishes to the Minister, not later than 30 September 1989 a statement by a qualified auditor, in accordance with the approved form, as to the expenditure by the university, college or institute in connection with the proposal in respect of the year 1988, being expenditure that occurred before 1 January 1989 or that occurred on or after that date in respect of commitments entered into before that date.

(7) Where financial assistance is granted to a State under subsection (4) in relation to an approved proposal for expenditure and the relevant body or person in relation to the proposal is not a university, college of advanced education or institute of tertiary education, the financial assistance is granted to the State on the conditions that: (a) subject to paragraph (b), the State will pay each amount of that financial assistance received by it to the relevant body or person without undue delay; (b) the State will not make a payment to the relevant body or person under this section in relation to the proposal unless the relevant body or person, before or at the time of accepting the first payment under this section in relation to the proposal, has agreed or agrees with the State to be bound by the following conditions: (i) the relevant body or person will ensure that the sum of the amounts expended by the relevant body or person in connection with the proposal in respect of the year 1988, being amounts expended before 1 January 1989 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 relevant body or person under this section in relation to the proposal; (ii) the relevant body or person will cause to be furnished to the Minister, not later than 30 September 1989 a certificate by a qualified accountant, in accordance with the approved form, to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled; (iii) if the relevant body or person does not fulfil a condition specified in subparagraph (i) or (ii), the relevant body or person will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the relevant body or person under this section in relation to the proposal) as the Minister determines; and (c) if an amount that the relevant body or person is liable to pay to the State under the condition referred to in subparagraph (b) (iii) is paid by the relevant body or person to the State, or is recovered by the State from the relevant body or person, the State will pay to the Commonwealth an amount equal to that amount.

(8) In this section: "body" means a body whether incorporated or unincorporated; "equal opportunity project" means a project designed to promote equality of opportunity in respect of higher education provided at: (a) a university in a State; (b) a college of advanced education in a State; (c) an institute of tertiary education in a State at which courses of advanced education are provided; (d) a technical and further education institution in a State at which courses of advanced education are provided; or (e) the Northern Territory tertiary education institution at which courses of advanced education are provided.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 12
Recurrent grants may be increased to assist institutions in promoting
greater participation of Aboriginals in higher education

SECT

12. (1) The Minister may approve a proposal for expenditure by a prescribed institution on an Aboriginal participation project as a proposal deserving financial assistance under this section in respect of the year 1988 subject to such conditions as the Minister determines.

(2) Where the Minister approves a proposal for expenditure by a prescribed institution, the Minister shall determine an amount, not exceeding the estimated expenditure of the proposal, as the amount of the approved expenditure in relation to the proposal and, as from 1 January 1988, the amount specified in Schedule 1, 2, 5, 6 or 7, as the case requires, in relation to the institution, shall be deemed to be increased by the amount of the approved expenditure.

(3) Subject to subsection (4), there is payable to the Northern Territory such amount as the Minister determines, for the purposes of financial assistance in relation to expenditure by the Northern Territory and instrumentalities of the Northern Territory in respect of the year 1988 on a project designed to promote the participation of Aboriginals in higher education at the Northern Territory tertiary education institution reduced by the amount calculated under section 6 in relation to the institution.

(4) Financial assistance is granted to the Northern Territory under subsection (3) in relation to the Northern Territory tertiary education institution on the conditions that: (a) the Northern Territory will ensure that the sum of the amounts expended in the year 1988 by the Northern Territory and instrumentalities of the Northern Territory, on a project designed to promote the participation of Aboriginals at the institution is not less than the sum of the amounts of financial assistance paid to the Northern Territory under this section; (b) the State will ensure that the institution does not charge any student fees in respect of that year or a part of that year; (c) the State will ensure that the institution imposes in respect of the year 1988, an amount of charge as provided by section 8 in respect of each student undertaking a course of advanced education; (d) the Northern Territory will furnish to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the amounts expended as described in paragraph (a); and (e) the Northern Territory will furnish to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the provision by the Northern Territory and instrumentalities of the Northern Territory of courses of advanced education at the institution in that year.

(5) The aggregate of the amounts determined under subsections (2) and (3) shall not exceed $359,000.

(6) In this section: "Aboriginal participation project" means a project designed to promote the participation of Aboriginals in higher education in a prescribed institution or prescribed institutions; "prescribed institution" means: (a) a university in a State; (b) a college of advanced education in a State; (c) an institute of tertiary education in a State at which courses of advanced education are provided; (d) a technical and further education institution in a State at which courses of advanced education are provided; (e) a non-government teachers college; or (f) the Northern Territory tertiary education institution.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 13
Special assistance for students

SECT

13. (1) Subject to subsection (4), there is payable to a State, for the purposes of financial assistance in relation to expenditure by a university, college of advanced education, institute of tertiary education or non-government teachers college in the State in providing, in the year 1988, financial assistance to students at the university, college or institute, in respect of the year 1988, such amount as the Minister determines.

(2) Subject to subsection (4), there is payable to a State, for the purposes of financial assistance in relation to expenditure by the State and instrumentalities of the State in providing, in the year 1988, financial assistance to students at a technical and further education institution in the State, in respect of the year 1988, such amount as the Minister determines.

(3) Subject to subsection (4), there is payable to the Northern Territory, for the purposes of financial assistance in relation to expenditure by the Northern Territory and instrumentalities of the Northern Territory in providing, in the year 1988, financial assistance to students at the Northern Territory tertiary education institution, in respect of the year 1988, such amount as the Minister determines.

(4) The aggregate of the amounts payable under subsections (1), (2) and (3) shall not exceed $4,075,500.

(5) Financial assistance is granted to a State under subsection (1) in relation to a body, being a university, college of advanced education or institute of tertiary education, on the conditions that: (a) the State will pay each amount of that financial assistance received by it to the body without undue delay; (b) the State will ensure that the sum of the amounts expended in the year 1988 by the body in connection with the provision, out of money paid to the body under this section, of financial assistance to its students is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the body; (c) the State will ensure that the body furnishes to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the amounts expended as described in paragraph (b); (d) the State will ensure that the body, in providing, out of money paid to it under this section, financial assistance to its students complies with any guidelines determined by the Minister for the purposes of this section; and (e) the State will cause to be furnished to the Minister by the body, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the provision by the body of financial assistance to its students in that year.

(6) Financial assistance is granted to a State under subsection (1) in relation to a non-government teachers college on the conditions that: (a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college each amount of that financial assistance received by it; (b) the State will not make a payment to the authority under this section unless the authority, before or at the time of accepting the first such payment, has agreed or agrees with the State to be bound by the following conditions: (i) the authority will ensure that the sum of the amounts expended in the year 1988 by, or on behalf of, the college in connection with the provision, out of money paid to the college under this section, of financial assistance to students at the college is not less than the sum of the amounts of financial assistance paid to the authority under this section; (ii) the authority will furnish to the Minister, not later than 30 September 1989, a certificate by a qualified accountant, in accordance with the approved form, to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled; (iii) if the authority does not fulfil a condition specified in subparagraph (i) or (ii), the authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the authority under this section in respect of that year) as the Minister determines; (iv) the college will, in providing, out of money paid to the college under this section, financial assistance to students at the college, comply with any guidelines determined by the Minister for the purposes of this section; (c) if an amount that the authority is liable to pay to a State under the condition referred to in subparagraph (b) (iii) is paid by the authority to the State, or is recovered by the State from the authority, the State will pay to the Commonwealth an amount equal to that amount; and (d) the State will cause to be furnished to the Minister by the college, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the provision by the college of financial assistance to it in that year.

(7) Financial assistance is granted to a State under subsection (2) in relation to a technical and further education institution on the conditions that: (a) the State will ensure that the sum of the amounts expended in the year 1988 by the State and instrumentalities of the State in connection with the provision, out of money paid to the State under this section in relation to the institution, of financial assistance to students at the institution is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the institution; (b) the State will furnish to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the expenditure in that year by the State and instrumentalities of the State in connection with the provision, out of money paid to the State under this section in relation to the institution, of financial assistance to students at the institution; (c) the State will ensure that the State and instrumentalities of the State, in providing, out of money paid to the State under this section in relation to the institution, financial assistance to students at the institution, comply with any guidelines determined by the Minister for the purposes of this section; and (d) the State will furnish to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the provision by the State and instrumentalities of the State of financial assistance to students at the institution in that year.

(8) Financial assistance is granted to the Northern Territory under subsection (3) in relation to the Northern Territory tertiary education institution on the conditions that: (a) the Northern Territory will ensure that the sum of the amounts expended in the year 1988 by the Northern Territory and instrumentalities of the Northern Territory, in connection with the provision, out of money paid to the Northern Territory under this section in relation to the institution, of financial assistance to students at the institution is not less than the sum of the amounts of financial assistance paid to the Northern Territory under this section in relation to the institution; (b) the Northern Territory will furnish to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the expenditure in the year 1988 by the Northern Territory and instrumentalities of the Northern Territory in connection with the provision, out of money paid to the Northern Territory under this section in relation to the institution, of financial assistance to students at the institution; (c) the Northern Territory will ensure that the Northern Territory and instrumentalities of the Northern Territory, in providing, out of money paid to the Northern Territory under this section in relation to the institution, financial assistance to students at the institution, comply with any guidelines determined by the Minister for the purposes of this section; and (d) the Northern Territory will furnish to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the provision by the Northern Territory and instrumentalities of the Northern Territory of financial assistance to students at the institution in that year.

(9) The Minister shall cause a copy of any guidelines determined by the Minister for the purposes of this section to be laid before each House of the Parliament as soon as practicable after the determination of the guidelines.

(10) Where: (a) a university, college of advanced education, institute of tertiary education or non-government teachers college in a State provides financial assistance for a student out of moneys paid to it under section 9 of the previous Assistance Act or this section; and (b) the student repays to it, in the year 1988, an amount (including any amount by way of interest) in respect of that financial assistance; then, for the purposes of this Act: (c) an amount equal to the amount referred to in paragraph (b) shall be deemed to have been paid to the State under this section as financial assistance in relation to the university, college or institute; and (d) the State shall be deemed to have paid the amount referred to in paragraph (c) to the university, college or institute in respect of that year.

(11) Where: (a) a State or an instrumentality of a State provides financial assistance for a student at a technical and further education institution out of moneys paid to the State in respect of the institution under section 9 of the previous Assistance Act or this section; and (b) the student repays to the State or instrumentality, in the year 1988, an amount (including any amount by way of interest) in respect of that financial assistance; then, for the purposes of this Act, an amount equal to the amount referred to in paragraph (b) shall be deemed to have been paid to the State under this section as financial assistance in relation to the institution.

(12) Where: (a) the Northern Territory or an instrumentality of the Northern Territory provides financial assistance for a student at the Northern Territory tertiary education institution out of moneys paid to the Northern Territory in respect of the institution under section 9 of the previous Assistance Act or this section; and (b) the student repays to the Northern Territory or the instrumentality, in the year 1988, an amount (including any amount by way of interest) in respect of that financial assistance; then, for the purposes of this Act, an amount equal to the amount referred to in paragraph (b) shall be deemed to have been paid to the Northern Territory under this section as financial assistance in relation to the institution.

(13) Where: (a) the sum of the amounts of financial assistance paid to a State under section 9 of the previous Assistance Act in relation to a body, being a university, college of advanced education, institute of tertiary education or non-government teachers college, in respect of the year 1987 exceeds the sum of the amounts expended in the year 1987 by the body in connection with the provision, out of moneys paid to it under that section, of financial assistance to its students; and (b) the Minister directs that an amount, not exceeding the amount of the excess, is a prescribed amount in relation to the body in respect of the year 1987 for the purposes of this subsection; then, for the purposes of this Act: (c) an amount equal to the prescribed amount shall be deemed to have been paid to the State under this section as financial assistance in relation to the body in respect of the year 1988; (d) the State shall be deemed to have paid the amount referred to in paragraph (c) to the body in respect of the year 1988; and (e) the sum of the amounts paid to the State under section 9 of the previous Assistance Act in relation to the body in respect of the year 1987 shall be deemed to have been reduced by an amount equal to the prescribed amount.

(14) Where: (a) the sum of the amounts of financial assistance paid to a State under section 9 of the previous Assistance Act in relation to a technical and further education institution in respect of the year 1987, exceeds the sum of the amounts expended in the year 1987 by the State and instrumentalities of the State in connection with the provision, out of moneys paid to the State under that section in relation to the institution, of financial assistance to students at the institution; and (b) the Minister directs that an amount, not exceeding the amount of the excess, is a prescribed amount in relation to the institution in respect of the year 1987 for the purposes of this subsection; then, for the purposes of this Act: (c) an amount equal to the prescribed amount shall be deemed to have been paid to the State under this section as financial assistance in relation to the institution in respect of the year 1988; and (d) the sum of the amounts paid to the State under section 9 of the previous Assistance Act in relation to the institution in respect of the year 1987 shall be deemed to have been reduced by an amount equal to the prescribed amount.

(15) Where: (a) the sum of the amounts of financial assistance paid to the Northern Territory under section 9 of the previous Assistance Act in relation to the Northern Territory tertiary education institution in respect of the year 1987 exceeds the sum of the amounts expended in the year 1987 by the Northern Territory and instrumentalities of the Northern Territory in connection with the provision, out of moneys paid to the Northern Territory under that section in relation to the institution, of financial assistance to students at the institution; and (b) the Minister directs that an amount, not exceeding the amount of the excess, is a prescribed amount in relation to the institution in respect of the year 1987 for the purposes of this subsection; then, for the purposes of this Act: (c) an amount equal to the prescribed amount shall be deemed to have been paid to the Northern Territory under this section as financial assistance in relation to the institution in respect of the year 1988; and (d) the sum of the amounts paid to the Northern Territory under section 9 of the previous Assistance Act in relation to the institution in respect of the year 1987 shall be deemed to have been reduced by an amount equal to the prescribed amount.

(16) In this section: "financial assistance", in relation to students, includes financial assistance provided to those students by way of: (a) loan (whether with or without interest); or (b) grant (whether subject to conditions or not); "student" means: (a) in relation to a university - a person undertaking a course of study provided by the university; (b) in relation to a non-government teachers college - a person undertaking a course of teacher education provided by the college; or (c) in relation to any other body - a person undertaking a course of advanced education provided by that body.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 14
Special research assistance

SECT

14. (1) The Minister may approve a proposal for expenditure by a body, being a university or college of advanced education upon a special research centre, or a key centre of teaching and research or program of research as a proposal deserving financial assistance under this section in respect of the year 1988 subject to such conditions as the Minister determines.

(2) Where the Minister approves a proposal, the Minister shall determine an amount, not exceeding the estimated expenditure on the proposal in the year 1988, as the amount of approved expenditure in relation to the proposal.

(3) Subject to subsection (4), in relation to each approved proposal for expenditure by a body, there is payable to the State in which it is situated, for the purposes of financial assistance in respect of expenditure incurred or to be incurred by the body in connection with the approved proposal in respect of the year 1988, an amount equal to the amount of the approved expenditure in relation to the proposal.

(4) The aggregate of the amounts determined by the Minister under this section shall not exceed $12,568,000.

(5) Financial assistance is granted to a State under subsection (3) in relation to an approved proposal for expenditure by a body on the conditions that: (a) the State will pay each amount of that financial assistance received by it to the body without undue delay; (b) the State will ensure that the sum of the amounts expended by the body in connection with the approved proposal in respect of the year 1988, being amounts expended before 1 January 1989 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 the approved proposal; and (c) the State will ensure that the body furnishes to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the amounts expended as described in paragraph (b).

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 15
Recurrent grants may be increased to assist institutions in meeting
certain superannuation expenses

SECT

15. (1) The Minister may determine, for the purposes of this section, that expenditure of a specified kind by universities, colleges of advanced education, institutes of tertiary education or non-government teachers colleges, being expenditure in respect of, or in relation to, superannuation, shall be relevant superannuation expenditure.

(2) Where the Minister is satisfied that a university or college of advanced education has incurred, or will incur, relevant superannuation expenditure, the Minister may, during the year 1988, determine an amount of additional financial assistance payable in relation to the university or college in respect of that year, and, subject to subsection (3), as from 1 January 1988, the amount specified in Schedule 1 in relation to the university or Schedule 2 in relation to the college, as the case requires, shall be deemed to be increased by the amount so determined.

(2A) Where the Minister is satisfied that an institute of tertiary education or non-government teachers college has incurred, or will incur, relevant superannuation expenditure, the Minister may, during the year 1988, determine an amount of additional financial assistance payable in relation to the institute or college in respect of that year, and, subject to subsection (3), as from 1 July 1988, the amount specified in Schedule 5 in relation to the institute or Schedule 7 in relation to the college, as the case requires, shall be deemed to be increased by the amount so determined.

(3) The aggregate of the amounts determined under subsections (2) and (2A) shall not exceed $69,759,000.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 15A
Recurrent grants may be increased to assist institutions in meeting Second
Tier Wage Case decisions

SECT

15A. (1) The Minister may, on or before 30 June 1988, determine, for the purposes of this section, that expenditure of a specified kind by prescribed institutions, being expenditure incurred, or to be incurred, in giving effect to: (a) a decision of the Australian Conciliation and Arbitration Commission making a second tier adjustment of salaries and wages in accordance with the wage fixation principles set out by the Commission in its National Wage case decision of 10 March 1987; or (b) a decision of a State Industrial Authority making a second tier adjustment of salaries and wages in accordance with wage fixation principles laid down by that Authority that are consistent with the wage fixation principles referred to in paragraph (a); shall be relevant second tier wage expenditure.

(2) Where the Minister is satisfied that a prescribed institution has incurred, or will incur, relevant second tier wage expenditure, the Minister may, on or before 30 June 1988, determine an amount of additional financial assistance payable in relation to the prescribed institution in respect of the year 1988, and, subject to subsection (3), the amount specified in Schedule 1, 2, 5, 6 or 7 (as the case requires) in relation to the prescribed institution, shall be deemed to be increased by the amount so determined.

(3) The aggregate of the amounts determined under subsection (2) shall not exceed $46,254,000.

(4) In this section: "prescribed institution" means: (a) a university in a State; (b) a college of advanced education in a State; (c) an institute of tertiary education in a State at which courses of advanced education are provided; (d) a technical and further education institution in a State at which courses of advanced education are provided; or (e) a non-government teachers college; "State Industrial Authority" has the same meaning as in the Conciliation and Arbitration Act 1903.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - DIVISION 2
Division 2 - Special grants for universities

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 16
Special research grants

SECT

16. (1) In relation to each university specified in Schedule 3, there is payable to the relevant State, for the purpose of financial assistance in relation to research expenses of the university in respect of the year 1988, the amount specified in that Schedule in relation to the university.

(2) Financial assistance is granted to a State under subsection (1) in relation to a university 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 for the purpose of meeting the research expenses of the university in respect of the year 1988, being amounts expended before 1 January 1989 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 subsection (1) in relation to the university; and (c) the State will ensure that the university furnishes to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the amounts expended as described in paragraph (b).

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 17
Recurrent grants in respect of teaching hospitals

SECT

17. (1) In relation to each university specified in Schedule 4, there is payable to the relevant State, for the purpose of financial assistance in respect of contributions by the university towards the appropriate costs, in respect of the year 1988, of the teaching hospital or teaching hospitals of the university, the amount specified in that Schedule in relation to the university.

(2) Financial assistance is granted to a State under subsection (1) in relation to a university 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 making contributions towards the appropriate costs, in respect of the year 1988, of the teaching hospital or teaching hospitals of the university 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; and (c) the State will ensure that the university furnishes to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the expenditure of the university in making contributions towards the appropriate costs referred to in paragraph (b).

(3) In this section, "appropriate costs", in relation to a teaching hospital of a university, means: (a) 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, 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) expenditure incurred in the purchase of books and periodicals for the medical library of the hospital.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 17A
Recurrent grants in respect of drug and alcohol education in teaching
hospitals

SECT

17A. (1) In relation to each university specified in Schedule 4A, there is payable to the relevant State, for the purpose of financial assistance in relation to the review of, and research in connection with, the undergraduate medical curriculum of the university in so far as it is concerned with matters relating to the abuse of alcohol and drugs, in respect of the year 1988, the amount specified in that Schedule in relation to the university.

(2) Financial assistance is granted to a State under subsection (1) in relation to a university 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 for the purpose of the review and research referred to in subsection (1) in the university in respect of the year 1988, 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; and (c) the State will ensure that the university furnishes to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the amounts expended as described in paragraph (b).

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - DIVISION 3
Division 3 - Special grants for advanced education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 18
Grants for expenditure in connection with the provision of courses of
advanced education in institutes of tertiary education

SECT

18. (1) In relation to each institute of tertiary education specified in Schedule 5, there is payable to the relevant State, for the purposes of financial assistance in relation to recurrent expenditure of the institute in connection with the provision, in respect of the year 1988, of courses of advanced education, the amount specified in that Schedule in relation to the institute reduced by the amount calculated under section 6 in relation to the institute in respect of that year.

(2) Financial assistance is granted to a State under subsection (1) in relation to an institute on the conditions that: (a) the State will pay each amount of that financial assistance received by it to the institute without undue delay; (b) the State will ensure that the sum of the amounts expended by the institute by way of recurrent expenditure in connection with the provision, in respect of the year 1988, of courses of advanced education is not less than the amount specified in Schedule 5 in relation to the institute; (c) the State will ensure that each institute of tertiary education situated in the State does not charge any student fees in respect of that year or a part of that year except as provided by section 9; (d) the State will ensure that each institute of tertiary education will impose in respect of that year an amount of charge as provided by section 8 in respect of each student undertaking a course of advanced education; (e) the State will ensure that the institute furnishes to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the amounts expended as described in paragraph (b); and (f) the State will cause to be furnished to the Minister by the institute, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the provision by the institute, in respect of that year, of courses of advanced education.

(3) Where a determination is made under subsection 4 (4) in relation to the provision of a course of advanced education at an institute of tertiary education in a State, 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 Minister concerning the course), or in connection with the provision of the course, that is incurred by the institute while the determination is in force shall not be treated as recurrent expenditure of the institute for the purposes of this section.

(4) The Minister may determine that an amount (in this subsection called the "relevant amount") expended by an institute of tertiary education in connection with the provision, in respect of the year 1988, of courses of advanced education is an amount of expenditure that, in the opinion of the Minister, represents moneys that were paid to the institute 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) under an agreement entered into under subsection 4 (1) of the States Grants (Nurse Education Transfer Assistance) Act 1985; and, where the Minister makes such a determination, the sum of the amounts expended by the institute in connection with the provision of courses of advanced education in respect of that year shall be taken, for the purposes of this section, to be reduced by an amount equal to the relevant amount.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 19
Grants for expenditure in connection with the provision of courses of
advanced education in technical and further education institutions

SECT

19. (1) In relation to each technical and further education institution specified in Schedule 6, there is payable to the relevant State, for the purposes of financial assistance in relation to recurrent expenditure incurred by the State and by instrumentalities of the State in connection with the provision, in respect of the year 1988, of courses of advanced education at the institution, the amount specified in that Schedule in relation to the institution, reduced by the amount calculated under section 6 in relation to the institution in respect of that year.

(2) Financial assistance is granted to a State under subsection (1) in relation to the institution 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 the year 1988, of courses of advanced education at the institution is not less than the amount specified in Schedule 6 in relation to the institution; (b) the State will ensure that each technical and further education institution situated in the State at which courses of advanced education are provided does not charge any student fees in respect of that year or a part of that year; (c) the State will ensure that each technical and further education institution situated in the State at which courses of advanced education are provided imposes in respect of that year an amount of charge as provided by section 8 in respect of each student undertaking one of those courses; (d) the State will furnish to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the amounts expended as described in paragraph (a); and (e) the State will furnish to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the provision, in respect of that year, at the institution of courses of advanced education.

(3) Where a determination is made under subsection 4 (4) in relation to the provision of a course of advanced education at a technical and further education institution situated in a State, 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 Minister concerning the course) or 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 shall not be treated as expenditure by the State or by an instrumentality of the State by way of recurrent expenditure for the purposes of this section.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 20
Grants for courses of teacher education provided by non-government
teachers colleges

SECT

20. (1) In relation to each non-government teachers college specified in Schedule 7, there is payable to the relevant State, for the purposes of financial assistance in relation to recurrent expenditure of the college in providing, in the year 1988, courses of teacher education, the amount specified in that Schedule in relation to the college reduced by the amount calculated under section 6 in relation to the college in respect of that year.

(2) Financial assistance is granted to a State under subsection (1) in relation to the college on the conditions that: (a) subject to paragraph (b), the State will pay each amount of that financial assistance received by it to the approved authority of the college without undue delay; (b) the State will not make a payment to the authority under this section in respect of that year unless the authority, before or at the time of accepting the first payment under this section in respect of that year, has agreed or agrees with the State to be bound by the following conditions: (i) the authority will ensure that the sum of the amounts expended by way of recurrent expenditure by the college in providing courses of teacher education is not less than the amount specified in Schedule 7 in relation to the college; (ii) the authority will ensure that the college does not charge any student fees in respect of that year or a part of that year in respect of the student's undertaking a course of teacher education at the college; (iii) the authority will ensure that the college will impose in respect of that year an amount of charge as provided by section 8 in respect of each student undertaking a course of teacher education; (iv) the authority will furnish to the Minister not later than 30 September 1989: (A) a certificate by a qualified accountant, in accordance with the approved form, to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled; and (B) a statement, in accordance with the approved form, containing such information in respect of the recurrent expenditure of the college, and such other financial information in respect of the college, as the Minister requires; (v) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii), (iii) or (iv), the authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the authority under this section) as the Minister determines; (vi) the authority will furnish to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the provision by the college, in respect of that year, of courses of teacher education; and (c) if an amount that the authority of the college is liable to pay to a State under the condition referred to in subparagraph (b) (v) is paid by it to the State, or is recovered by the State from it, the State will pay to the Commonwealth an amount equal to that amount.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - PART III
PART III - TECHNICAL AND FURTHER EDUCATION RECURRENT GRANTS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - DIVISION 1
Division 1 - General Recurrent Grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 21
Grants for recurrent expenditure in connection with the provision of
technical and further education

SECT

21. (1) If the Minister so determines, but subject to subsection (2), 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 of technical and further education in the State in respect of the year 1988, such amount as the Minister may determine.

(2) The aggregate of the amounts determined by the Minister under subsection (1) shall not exceed $105,100,000.

(3) Financial assistance is granted to a State under subsection (1) on the conditions that: (a) the State will ensure that the sum of the amounts expended by the State and by instrumentalities of the State in the year 1988 in relation to recurrent expenditure in connection with the provision of technical and further education in the State, is not less than the sum of the amounts of financial assistance paid to the State under subsection (1); (b) the State will ensure that each body providing technical and further education in the State does not charge any student fees in respect of that year or any part of that year except as provided by section 9; (c) the State will furnish to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the form approved by the Minister, as to the amounts expended as described in paragraph (a); and (d) the State will cause to be furnished to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the provision of technical and further education in that State during that year.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 22
Grants for adult education

SECT

22. (1) For the purposes of this section, the Minister may approve a body, whether incorporated or unincorporated, that is recommended to the Minister by the Minister of a State who is responsible, or principally responsible, for the administration of matters relating to technical and further education in the State as the approved authority of that State for the purposes of this section.

(2) There is payable to a State, for the purpose of financial assistance in connection with programs of adult education, including adult literacy programs, to be carried out in the year 1988 in the State, an amount determined by the Minister.

(3) The aggregate of the amounts determined by the Minister under subsection (2) shall not exceed $2,491,000.

(4) Financial assistance is granted to a State under this section on the conditions that: (a) the State will pay each amount of that financial assistance received by it to the approved authority of the State without undue delay; (b) the State will ensure that the sum of the amounts expended by the authority in making contributions towards the recurrent expenditure of a relevant body, or of relevant bodies, in connection with the provision, in the year 1988, by that body, or those bodies, of courses of adult education is not less than the sum of the amounts of financial assistance paid to the State under this section; (c) the State will ensure that each body in that State providing technical and further education does not charge any student fees in respect of that year or any part of that year except as provided by section 9; and (d) the State will furnish to the Minister, not later than 30 September 1989, a statement by an approved auditor, in accordance with a form approved by the Minister, as to the amounts expended as described in paragraph (b).

(5) In this section: (a) a reference to a relevant body is a reference to a body (including a body established by or on behalf of the Government of a State) that is not conducted for the profit, direct or indirect, of an individual or individuals; and (b) a reference to a course of adult education, in relation to a relevant body, is a reference to a part-time course of education in respect of which: (i) attendance is voluntary; and (ii) no award is made, in respect of the completion of the course, or of a part of the course, that is intended as a qualification for any employment.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 23
Grants for advanced English language courses for migrants

SECT

23. (1) If the Minister so determines, but subject to subsection (2), 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 of advanced English language courses for migrants in the State in respect of the year 1988, such amount as the Minister may determine.

(2) The aggregate of the amounts determined by the Minister under subsection (1) shall not exceed $3,945,000.

(3) Financial assistance is granted to a State under subsection (1) on the conditions that: (a) the State will ensure that the sum of the amounts expended by the State and by instrumentalities of the State in the year 1988 in relation to recurrent expenditure in connection with the provision of advanced English language courses for migrants in the State is not less than the sum of the amounts of financial assistance paid to the State under subsection (1); (b) the State will ensure that each body in that State receiving financial assistance by virtue of grants made under this section providing advanced English language courses for migrants does not charge any student fees in respect of that year or any part of that year except as provided by section 9; (c) the State will furnish to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the form approved by the Minister, as to the amounts expended as described in paragraph (a); and (d) the State will furnish to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the provision of advanced English language courses for migrants in that State during that year.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - DIVISION 2
Division 2 - Special grants for non-government business colleges

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 24
Approvals by Minister in respect of 1988

SECT

24. (1) The Minister may approve a course of instruction in secretarial studies that is being provided or is proposed to be provided by a non-government business college in the year 1988 as an approved course of that college for the purpose of this Division in respect of that year.

(2) Without limiting the matters to which the Minister may have regard in deciding whether to approve a course of instruction under subsection (1), the Minister shall have regard to: (a) the content of the course and the standards to be attained in the course; (b) the qualifications possessed by the teachers; (c) the adequacy of the facilities available for the conduct of the course; (d) the extent to which instruction will be given to the students directly by the teachers; and (e) the duration of the course.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 25
Grants for approved courses provided by non-government business colleges

SECT

25. (1) The Minister shall, after 31 December 1987, authorise the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non-government business college in providing in that State, in the year 1988, a course that is an approved course of that college in respect of that year, of such amount as the Minister determines.

(2) The Minister shall not authorise the payment to a State under subsection (1) in relation to a course of an amount that exceeds the sum of the amounts (if any) respectively ascertained in respect of each of the months of the year 1988 by multiplying the amount specified in Schedule 11 as the maximum capitation amount in respect of that month by the total number of students receiving instruction in that course on the business college census date for that month.

(3) In calculating the number of students receiving instruction in an approved course of a non-government business college in respect of the year 1988 on the business college census date in that year, a student receiving instruction in such a course on that date who was receiving instruction in such a course on each of 10 or more previous business college census dates (whether in that year or in that year and in a previous year or previous years and whether or not the student was, on that first-mentioned date and those previous dates, receiving instruction in the same approved course of secretarial studies) shall be disregarded.

(4) In calculating the number of students receiving instruction in an approved course overseas students shall be disregarded.

(5) Financial assistance is granted to a State under this section in respect of the recurrent expenditure of a non-government business college in the provision, in that State, in the year 1988 of an approved course of that college on the conditions that: (a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to the State under this section in relation to the college; (b) the State will not make a payment to the authority under this section unless the authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions: (i) the authority will ensure that an amount equal to the sum of the amounts paid to it under this section is applied for the purpose of meeting recurrent expenditure incurred, in respect of that year, by the college in the provision in that year of approved courses of that college; (ii) the authority will furnish to the Minister not later than 30 September 1989: (A) a certificate, in accordance with the form approved by the Minister, by a qualified accountant to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled; and (B) a statement, in accordance with the form approved by the Minister, that contains such information in respect of the recurrent expenditure of the college, and such other financial and statistical information in respect of the college, as the Minister requires; (iii) if the authority does not fulfil a condition specified in subparagraph (i) or (ii), it will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to it under this section) as the Minister determines; and (c) if an amount that the authority is liable to pay to the State under the condition referred to in subparagraph (b) (iii) is paid by the authority to the State, or is recovered by the State from the authority, the State will pay to the Commonwealth an amount equal to that amount.

(6) In this section: "overseas student" means a person (including a person who has not attained the age of majority) who is not an Australian citizen and is receiving instruction at a non-government business college, but does not include: (a) a person who is, for the purposes of the Migration Act 1958, an exempt non-citizen; or (b) a person who is, within the meaning of the Migration Act 1958, the holder of a valid permanent entry permit.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - PART IV
PART IV - EQUIPMENT AND BUILDING GRANTS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - DIVISION 1
Division 1 - Higher Education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 26
Equipment grants for relevant higher education institutions

SECT

26. (1) The Minister may approve a proposal for equipment expenditure by a relevant higher education institution in respect of the year 1988, subject to such conditions as the Minister determines, and may vary or revoke any such approval.

(2) Subject to subsection (3), in relation to each approved proposal for equipment expenditure by a relevant higher education institution in respect of the year 1988, there is payable to the relevant State, for the purposes of financial assistance in relation to expenditure incurred or to be incurred by the institution in connection with the proposal, an amount equal to the amount of the proposed expenditure.

(3) The aggregate of the amounts payable to a State under subsection (2) in relation to a relevant higher education institution shall not exceed the amount specified in Schedule 8 in relation to the institution.

(4) Financial assistance is granted to a State under this section in relation to a relevant higher education institution (other than a non-government teachers college) on the conditions that: (a) the State will pay each amount of that financial assistance received by it to the institution without undue delay; (b) the State will ensure that the sum of the amounts expended by the institution in connection with approved proposals for equipment expenditure by the institution in respect of the year 1988, being amounts expended before 1 January 1989 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 the institution; and (c) the State will ensure that the institution furnishes to the Minister not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the amounts expended as described in paragraph (b).

(5) The Minister may determine that an amount (in this subsection called the "relevant amount") expended by a relevant higher education institution (other than a non-government teachers college) in connection with an approved proposal or approved proposals for equipment expenditure by the institution in respect of the year 1988 is an amount of expenditure that, in the opinion of the Minister, represents moneys paid to the institution 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) under an agreement entered into under subsection 4 (1) of the States Grants (Nurse Education Transfer Assistance) Act 1985; and, where the Minister makes such a determination, the sum of the amounts expended by the institution in connection with the approved proposal or approved proposals for expenditure by the institution in respect of that year shall be taken, for the purposes of this section (other than paragraph 4 (c)), to be reduced by an amount equal to the relevant amount.

(6) Financial assistance is granted to a State under this section in relation to a non-government teachers college on the conditions that: (a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to it under this section in relation to those approved proposals; (b) the State will not make a payment to the authority under this section in respect of the college unless the authority, before or at the time of accepting the first such payment, has agreed or agrees with the State to be bound by the following conditions: (i) the authority will ensure that the sum of the amounts expended by the college in connection with approved proposals for equipment expenditure by the college in respect of the year 1988, being amounts expended before 1 January 1989 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 authority under this section in relation to the college; (ii) the authority will cause to be furnished to the Minister, not later than 30 September 1989, a certificate by a qualified accountant, in accordance with the approved form, to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled; (iii) if the approved authority does not fulfil a condition specified in subparagraph (i) or (ii), the authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the authority under this section in relation to the college) as the Minister determines; and (c) if an amount that the authority is liable to pay to a State under the condition referred to in subparagraph (b) (iii) is paid by the authority to the State, or is recovered by the State from the authority, the State will pay to the Commonwealth an amount equal to that amount.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 27
Approval of, and directions relating to, additional building projects

SECT

27. (1) For the purposes of this Act, the Minister may: (a) approve a building project (other than a minor building project) as an approved building project of a relevant higher education institution in respect of the year 1988; and (b) direct that specified information be furnished to the Minister in respect of specified 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 the year 1988 are building projects additional to the building projects specified in Schedule 9.

(3) Where the Minister approves a building project under subsection (1), the Minister shall also approve: (a) an amount as the estimated maximum Commonwealth contribution towards the project, being so much of the amount estimated by the Minister to be the cost of the project as the Minister determines to be the appropriate Commonwealth contribution towards the project; and (b) an amount of expenditure, not exceeding the estimated expenditure on the project in respect of that year, as the amount of the approved expenditure on the project in respect of that year.

(4) For the purposes of this Act, where information is furnished to the Minister in accordance with a direction under paragraph (1) (b) with respect to a building project of a university, or with respect to a relevant higher education institution (other than a university), in a State, being a building project specified in Schedule 9 or a minor building project approved by the Minister in respect of the year 1988, the Minister 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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 28
Major building projects

SECT

28. Where a building project is specified, in relation to a relevant higher education institution, in Schedule 9, there is payable to the relevant State, for the purpose of financial assistance in relation to the project in respect of the year 1988, the amount specified in relation to the description of the project in that Schedule.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 29
Minor building projects

SECT

29. (1) The Minister may approve a minor building project by a relevant higher education institution, as an approved minor building project of the institution in respect of the year 1988 and, in that event 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 that year.

(2) Subject to subsections (3) and (4), where the Minister approves, under subsection (1), a minor building project, there is payable to the relevant State for the purpose of financial assistance in relation to the project in respect of the year 1988, an amount equal to the amount of the approved expenditure on the project.

(3) The aggregate of the amounts payable to a State under subsection (2), in relation to an institution shall not exceed the amount specified in Schedule 10 in relation to the institution.

(4) The Minister may revoke or vary an approval given under subsection (1) and, if the Minister varies the amount of the approved expenditure on a project, 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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 30
Conditions attaching to building grants

SECT

30. (1) Financial assistance is granted to a State under section 28 or 29 in relation to an approved building project of a relevant higher education institution (other than a non-government teachers college) in respect of the year 1988 on the conditions that: (a) the State will pay each amount paid to it under that section to the institution without undue delay; (b) the State will ensure that the sum of the amounts expended in relation to work carried out before 1 January 1989 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 relevant institutions of that kind; (c) the State will ensure that information in respect of the project is furnished to the Minister in accordance with any relevant direction under paragraph 27 (1) (b); (d) the State will ensure that the project will be carried out in accordance with the directions (if any) given by the Minister under subsection 27 (4); (e) the State will ensure that, if the Minister so requests, there will be furnished to the Minister, by such date as the Minister specifies, such particulars as are specified by the Minister concerning the progress or expected progress of the work or matter constituting the project; and (f) the State will furnish to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the approved form, as to the amounts expended in respect of work carried out before 1 January 1989 in connection with the approved project.

(2) Where the amount of financial assistance paid to a State in respect of each of a number of minor projects is less than $100,000, a statement by a qualified auditor for the purposes of paragraph (1) (f) may deal in the aggregate with expenditure in relation to all of those projects.

(3) The Minister may determine that an amount (in this subsection called the "relevant amount") expended by a relevant higher education institution (other than a non-government teachers education college) in connection with an approved minor building project in respect of the year 1988 is an amount of expenditure that, in the opinion of the Minister, represents moneys that were paid to the relevant institution 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, the sum of the amounts expended by the relevant institution in connection with the project in respect of that year shall be taken, for the purposes of this section (other than paragraph (1) (f)), to be reduced by an amount equal to the relevant amount.

(4) Financial assistance is granted to a State under section 28 or 29 in relation to an approved building project of a non-government teachers college on the conditions that: (a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to it in relation to the project; (b) the State will not make a payment to the authority under this section in relation to the project unless the authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions: (i) the authority will ensure that the sum of the amounts expended in relation to work carried out before 1 January 1989 in connection with the project is not less than the sum of the amounts of financial assistance paid to it under section 28 or 29 in relation to the project; (ii) the authority will ensure that information in respect of the project is furnished to the Minister in accordance with any relevant direction under paragraph 27 (1) (b); (iii) the authority will ensure that the project will be carried out in accordance with the directions (if any) given by the Minister under subsection 27 (4); (iv) the authority will ensure that, if the Minister so requests, there will be furnished to the Minister by the college, not later than such date as the Minister specifies, such information as the Minister requires; (v) the authority will furnish to the Minister, not later than 30 September 1989, a certificate by a qualified accountant, in accordance with the approved form, to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled; (vi) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii), (iii), (iv) or (v), the authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the authority under this section in relation to the project) as the Minister determines; and (c) if the amount that the authority is liable to pay under the condition referred to in subparagraph (b) (vi) is paid by the authority to the State, or is recovered by the State from the authority, the State will pay to the Commonwealth an amount equal to that amount.

(5) In this section, a reference to an approved building project of an institution includes a reference to a building project specified in Schedule 9.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - DIVISION 2
Division 2 - Technical and Further Education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 31
Grants for building or equipment expenditure in connection with the
provision of technical and further education

SECT

31. (1) The Minister may approve a proposal for expenditure by a State and instrumentalities of the State in relation to building or equipment expenditure in connection with the provision of technical and further education at technical and further education institutions and institutes of tertiary education in the State under this section in respect of the year 1988 subject to such conditions as the Minister determines.

(2) Where the Minister approves a proposal, the Minister shall determine an amount, not exceeding the estimated expenditure on the proposal in the year 1988, as the amount of the approved expenditure in relation to the proposal.

(3) Subject to subsection (4), in relation to each approved proposal under subsection (1), there is payable to the relevant State, by way of financial assistance, an amount equal to the amount of the approved expenditure in relation to the proposal.

(4) The aggregate of the amounts determined by the Minister under this section shall not exceed $180,470,000.

(5) Financial assistance is granted to a State under subsection (3) in relation to an approved proposal at a body providing technical and further education on the conditions that: (a) the State will without undue delay: (i) pay to the body each amount of that financial assistance received by it; or (ii) apply each amount of that financial assistance received by it; (b) the State will ensure that the sum of: (i) the amounts expended by the State and by instrumentalities of the State in relation to work carried out before 1 January 1989 in connection with proposals for building expenditure approved under subsection (1); and (ii) the amounts expended by the State and by instrumentalities of the State in connection with proposals for equipment expenditure approved under subsection (1), being amounts expended before 1 January 1989 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 subsection (4) in relation to the proposals; (c) the State will ensure that each body providing technical and further education in the State does not charge any student fees in respect of that year or any part of that year except as provided by section 9; (d) the State will furnish to the Minister, not later than 30 September 1989, a statement by a qualified auditor, in accordance with the form approved by the Minister, as to the amounts expended as described in paragraph (b); and (e) the State will cause to be furnished to the Minister not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the provision of technical and further education in that State during that year.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - PART V
PART V - VARIATIONS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 32
Variations of amounts relating to recurrent expenditure for universities
and advanced education

SECT

32. (1) At any time, and from time to time, during the year 1988 but subject to subsection (2) and to section 36, the Minister may direct that this Act has effect as if all or any of the amounts specified in a relevant Schedule or in 2 or more relevant Schedules in relation to the year were varied in accordance with the direction, and this Act has effect accordingly as from 1 January 1988.

(2) A direction shall not be given under subsection (1) during the year 1988: (a) in the case of a direction that relates to only one relevant Schedule - that would have the effect of varying the amounts in that Schedule in such a way that, after the variation, the aggregate of the amounts specified in that Schedule in relation to that year is greater or less than the aggregate of those amounts before the direction; or (b) in the case of a direction that relates to 2 or more relevant Schedules - that would have the effect of varying the amounts in those Schedules in such a way that, after the variation, the aggregate of the amounts specified in those Schedules in relation to that year is greater or less than the aggregate of those amounts before the direction.

(3) In this section, "relevant Schedule" means Schedule 1, 2, 4A, 5, 6, or 7.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 33
Variations of amounts relating to special research grants

SECT

33. (1) At any time, and from time to time, during the year 1988 but subject to subsection (2) and to section 36, the Minister may direct that this Act has effect as if all or any of the amounts specified in Schedule 3 in relation to that year were varied in accordance with the direction, and this Act has effect accordingly as from 1 January 1988.

(2) A direction shall not be given under subsection (1) during the year 1988 that would have the effect of varying the amounts in Schedule 3 in such a way that, after the variation, the aggregate of the amounts specified in that Schedule in relation to that year is greater or less than the aggregate of those amounts before the direction.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 34
Variation of amounts relating to building expenditure and certain
equipment expenditure

SECT

34. (1) At any time, and from time to time, during the year 1988, but subject to subsection (2) and to section 36, the Minister may direct that this Act has effect as if all or any of the amounts specified in any one or more of the relevant provisions in relation to that year were varied in accordance with the direction, and this Act has effect accordingly as from 1 January 1988.

(2) Where the Minister approves a building project under paragraph 27 (1) (a) as a building project, the Minister shall, subject to subsection (3) and to section 36, direct that this Act has effect as if: (a) Schedule 9 were varied by including in that Schedule particulars of the project and of the amount of the approved expenditure on that project in respect of the year 1988; and (b) all or any of the amounts specified in a relevant provision or 2 or more relevant provisions were varied in accordance with the direction, being variations consequential upon the variation referred to in paragraph (a); and this Act has effect accordingly as from 1 January 1988.

(3) A direction shall not be given under subsection (1) or (2): (a) in the case of a direction that relates to only one relevant provision - that would have the effect of varying the amounts in that provision in such a way that, after the variation, the aggregate of the amounts specified in that provision in relation to the year 1988 is greater or less than the aggregate of those amounts before the direction; or (b) in the case of a direction that relates to 2 or more relevant provisions - that would have the effect of varying the amounts in those provisions in such a way that, after the variation, the aggregate of the amounts specified in those provisions in relation to that year is greater or less than the aggregate of those amounts before the direction.

(4) Subject to section 36, the Minister may, from time to time, direct that this Act has effect as if all or any of the amounts specified in Column 3 of Schedule 9 were varied in accordance with the direction, and this Act has effect accordingly as from the commencement of this Act.

(5) The Minister may, from time to time, direct that this Act has effect as if a description of a project specified in Column 2 of Schedule 9 were varied in accordance with the direction, and this Act has effect accordingly as from the commencement of this Act.

(6) In this section, "relevant provision" means subsection 31 (4) or Schedule 9 or 10.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 35
Variations of amounts relating to equipment grants for relevant higher
education institutions

SECT

35. (1) At any time, and from time to time, during the year 1988, subject to subsection (2) and to section 36, the Minister may direct that this Act has effect as if all or any of the amounts specified in Schedule 8 in relation to that year were varied in accordance with the direction, and this Act has effect accordingly as from 1 January 1988.

(2) A direction shall not be given under subsection (1) during the year 1988 that would have the effect of varying the amounts in Schedule 8 in such a way that, after the variation, the aggregate of the amounts specified in that Schedule in relation to that year is greater or less than the aggregate of those amounts before the direction.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 36
Variations affecting State entitlements to grants

SECT

36. (1) A direction shall not be given under this Part with respect to an amount specified in a provision in relation to a State or to a relevant institution situated in a State unless the Minister has consulted the State in relation to the proposed variation.

(2) A direction shall not be given under this Part that could result in a State becoming liable to pay an amount to the Commonwealth under this Act.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 37
Application of Part XII of Acts Interpretation Act 1901 to certain
instruments

SECT

37. (1) The provisions of Part XII (other than paragraphs 48 (1) (a) and (b) and subsection 48 (2)), of the Acts Interpretation Act 1901 apply in relation to an instrument as if the instrument were regulations and references in those provisions to a repeal were references to a revocation.

(2) In subsection (1): "instrument" means a direction under this Part.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - PART VI
PART VI - MISCELLANEOUS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 38
Benefits of, and opportunities created by, grants to be equally available
to male students and female students

SECT

38. (1) A payment under this Act to a State for the purposes of financial assistance is granted on the condition that the State will ensure that the benefits of, and the opportunities created by, the payment will, as far as practicable, be equally available to male students and female students.

(2) Subsection (1) does not apply in relation to a payment made for the purpose of providing a course of instruction at a non-government business college whose students are all of the same sex.

(3) Where: (a) the benefits of, or the opportunities created by, a particular project or program or particular expenditure would not, but for this subsection, be equally available to male students and female students; and (b) an object of the project, program or expenditure is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure that persons of that sex have equal opportunities with persons of the other sex in connection with education or training; the benefits of, or the opportunities created by, the project, program or expenditure shall not be taken, for the purposes of this Act, not to be equally available to male students and female students.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 39
Additional conditions etc.

SECT

39. In addition to the conditions specified in any other provision of this Act, financial assistance is granted to a State under this Act in respect of the year 1988 on the conditions that: (a) if the Minister informs the State that the Minister is satisfied that the State has failed to fulfil a condition applicable to that financial assistance, the State will pay to the Commonwealth the amount (if any) specified by the Minister, not exceeding the amount of the financial assistance; (b) if the amount of the financial assistance paid to the State under a provision of this Act exceeds the amount of that financial assistance that is properly payable to the State under that provision, the State will pay an amount equal to the excess to the Commonwealth; and (c) notwithstanding paragraph (a), if: (i) the State fails to expend any of that financial assistance in accordance with this Act in respect of the year 1988; and (ii) the Minister so determines; so much of the unexpended amount as the Minister specifies shall be deemed to have been granted to the State under this Act in respect of the year 1989 under similar conditions to the conditions of the original grant or under other conditions determined by the Minister.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 40
Time and manner of payments

SECT

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

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 41
Delegation

SECT

41. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate, to an officer of the Department, all or any of the Minister's powers under this Act, other than this power of delegation.

(2) 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.

(3) A delegation under this section does not prevent the exercise of the power by the Minister.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 42
Advances

SECT

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

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 43
Payments may be made out of the Consolidated Revenue Fund or the Loan Fund

SECT

43. Payments (including an advance under section 42) to a State under this Act may be made out of: (a) in the case of payments under Part IV - the Consolidated Revenue Fund or the Loan Fund; or (b) in any other case - the Consolidated Revenue Fund.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 44
Authority to borrow

SECT

44. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorising the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts payable to the States under Part IV.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 45
Application of moneys borrowed

SECT

45. Moneys borrowed under section 44 shall be issued and applied only for the expenses of borrowing, for the purpose of making payments to the States in accordance with Part IV and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 46.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 46
Reimbursement of Consolidated Revenue Fund from Loan Fund

SECT

46. (1) Where an amount has been paid out of the Consolidated Revenue Fund in accordance with Part IV, the Minister for Finance may authorise the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

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

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 47
Appropriation

SECT

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

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SECT 48
Reports by the Minister

SECT

48. The Minister shall, as soon as practicable after 31 December 1988, cause a report setting out details of determinations made by the Minister under section 4, 11, 12, 13, 14, 15, 15A, 21, 22, 23, 27, 31, 32, 33, 34 or 35 or estimates or revisions of estimates made by the Minister under section 5, to be laid before each House of the Parliament.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 1

SCH

SCHEDULE 1 Section 10 GRANTS AVAILABLE FOR EXPENDITURE BY UNIVERSITIES FOR UNIVERSITY PURPOSES Column 1 Column 2 University Amount of grant in respect of 1988 $ NEW SOUTH WALES The Macquarie University 57,704,000 The University of New South Wales 144,361,000 The University of Newcastle 42,328,000 The University of Wollongong 41,889,000 University of New England 45,867,000 University of Sydney 150,890,000 Total 483,039,000 VICTORIA Deakin University 32,410,000 La Trobe University 76,319,000 Monash University 106,652,000 University of Melbourne 133,329,000 Total 348,710,000 QUEENSLAND Griffith University 29,061,000 James Cook University of North Queensland 31,587,000 The University of Queensland 126,826,000 Total 187,474,000 WESTERN AUSTRALIA Murdoch University 31,107,000 The University of Western Australia 75,091,000 Total 106,198,000 SOUTH AUSTRALIA The Flinders University of South Australia 38,693,000 The University of Adelaide 77,920,000 Total 116,613,000 TASMANIA University of Tasmania 44,861,000 TOTAL - ALL STATES 1,286,895,000

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 2

SCH

SCHEDULE 2 Section 10 GRANTS AVAILABLE FOR EXPENDITURE BY COLLEGES OF ADVANCED EDUCATION ON COLLEGE PURPOSES Column 1 Column 2 College of Advanced Education Amount of grant in respect of 1988 $ NEW SOUTH WALES Armidale College of Advanced Education 6,942,000 Catholic College of Education Sydney Ltd 9,228,000 Cumberland College of Health Sciences 14,243,000 Hawkesbury Agricultural College 11,498,000 Hunter Institute of Higher Education 16,414,000 Kuring-gai College of Advanced Education 14,154,000 Macarthur Institute of Higher Education 13,865,000 Mitchell College of Advanced Education 16,884,000 Nepean College of Advanced Education 15,925,000 New South Wales State Conservatorium of Music 4,115,000 Northern Rivers College of Advanced Education 9,464,000 Orange Agricultural College 3,474,000 Riverina-Murray Institute of Higher Education 25,645,000 Sydney College of Advanced Education 25,107,000 Sydney College of the Arts 376,999 University of Technology, Sydney 48,137,000 Total 235,471,999 VICTORIA Ballarat College of Advanced Education 14,630,000 Bendigo College of Advanced Education 13,467,000 Chisholm Institute of Technology 34,349,000 Footscray Institute of Technology 23,737,000 Gippsland Institute of Advanced Education 12,569,000 Hawthorn Institute of Education 7,957,000 Institute of Catholic Education 8,199,000 Melbourne College of Advanced Education 25,115,000 Phillip Institute of Technology 26,300,000 Royal Melbourne Institute of Technology Ltd 62,260,000 Swinburne Limited 31,101,000 The Victorian College of the Arts 5,463,000 Victoria College 35,910,000 Victorian College of Pharmacy Ltd 3,736,000 Warrnambool Institute of Advanced Education 7,737,000 Total 312,530,000 QUEENSLAND Brisbane College of Advanced Education 45,597,000 Capricornia Institute of Advanced Education 15,927,000 Darling Downs Institute of Advanced Education 23,280,000 Gold Coast College of Advanced Education 2,250,000 Queensland Agricultural College 11,495,000 Queensland Conservatorium of Music 2,983,000 Queensland Institute of Technology 45,799,000 Total 147,331,000 WESTERN AUSTRALIA Curtin University of Technology 66,304,000 Western Australian College of Advanced Education 45,363,000 Total 111,667,000 SOUTH AUSTRALIA Roseworthy Agricultural College 5,162,000 South Australian College of Advanced Education 50,213,000 South Australian Institute of Technology 36,428,000 Total 91,803,000 TASMANIA Tasmanian State Institute of Technology 14,275,000 Total - All States 913,077,999

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 3

SCH

SCHEDULE 3 Section 16 SPECIAL RESEARCH GRANTS FOR UNIVERSITIES Column 1 Column 2 University Amount of grant in respect of 1988 $ NEW SOUTH WALES The Macquarie University 755,000 The University of New South Wales 2,439,000 The University of Newcastle 525,000 The University of Wollongong 441,000 University of New England 876,000 University of Sydney 2,407,000 Total 7,443,000 VICTORIA Deakin University 367,000 La Trobe University 944,000 Monash University 1,657,000 University of Melbourne 2,187,000 Total 5,155,000 QUEENSLAND Griffith University 451,000 James Cook University of North Queensland 425,000 The University of Queensland 1,935,000 Total 2,811,000 WESTERN AUSTRALIA Murdoch University 441,000 The University of Western Australia 1,311,000 Total 1,752,000 SOUTH AUSTRALIA The Flinders University of South Australia 498,000 The University of Adelaide 1,222,000 Total 1,720,000 TASMANIA University of Tasmania 525,000 TOTAL - ALL STATES 19,406,000

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 4

SCH

SCHEDULE 4 Section 17 GRANTS FOR RECURRENT EXPENDITURE OF TEACHING HOSPITALS OF UNIVERSITIES Column 1 Column 2 University Amount of grant in respect of 1988 $ NEW SOUTH WALES The University of New South Wales 545,000 The University of Newcastle 126,000 University of Sydney 629,000 Total 1,300,000 VICTORIA Monash University 388,000 University of Melbourne 661,000 Total 1,049,000 QUEENSLAND The University of Queensland 509,000 WESTERN AUSTRALIA The University of Western Australia 220,000 SOUTH AUSTRALIA The Flinders University of South Australia 126,000 The University of Adelaide 367,000 Total 493,000 TASMANIA University of Tasmania 100,000 TOTAL - ALL STATES 3,671,000

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 4A

SCH

SCHEDULE 4A Section 17A GRANTS FOR RECURRENT EXPENDITURE IN RELATION TO DRUG AND ALCOHOL EDUCATION AT UNIVERSITIES Column 1 Column 2 University Amount of grant in respect of 1988 $ NEW SOUTH WALES - The University of New South Wales 56,000 The University of Newcastle 56,000 University of Sydney 56,000 Total 168,000 VICTORIA - Monash University 56,000 University of Melbourne 56,000 Total 112,000 QUEENSLAND - The University of Queensland 56,000 WESTERN AUSTRALIA - The University of Western Australia 56,000 SOUTH AUSTRALIA - The Flinders University of South Australia 56,000 The University of Adelaide 56,000 Total 112,000 TASMANIA - University of Tasmania 56,000 TOTAL - ALL STATES 560,000

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 5

SCH

SCHEDULE 5 Section 18 GRANTS AVAILABLE FOR RECURRENT EXPENDITURE BY INSTITUTES OF TERTIARY EDUCATION Column 1 Column 2 Institute of Tertiary Education Amount of grant in respect of 1988 $ NEW SOUTH WALES The New South Wales Institute of the Arts 9,071,000 VICTORIA The Western Institute 3,609,000 The Wodonga Institute of Tertiary Education 133,000 Victorian College of Agriculture and Horticulture 2,170,000 Total 5,912,000 NORTHERN TERRITORY Darwin Institute of Technology 9,752,000 TOTAL - ALL STATES 24,735,000

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 6

SCH

SCHEDULE 6 Section 19 GRANTS FOR EXPENDITURE BY STATES ON PROVISION OF COURSES OF ADVANCED EDUCATION IN TECHNICAL AND FURTHER EDUCATION INSTITUTIONS Column 1 Column 2 Technical and Further Education Institution Amount of grant in respect of 1988 $ NEW SOUTH WALES Argyle College of Technical and Further Education 89,000 Bathurst College of Technical and Further Education 68,000 Hamilton College of Technical and Further Education 157,000 Kurri Kurri College of Technical and Further Education 47,000 Ryde College of Technical and Further Education 1,453,000 Sydney Technical College 2,502,000 Wollongong College of Technical and Further Education 47,000 Total 4,363,000 QUEENSLAND Kangaroo Point College of Technical and Further Education 152,000 Mackay College of Technical and Further Education 100,000 Queensland College of Art 2,502,000 Technical Correspondence School 199,000 Townsville College of Technical and Further Education 1,054,000 Total 4,007,000 TOTAL - ALL STATES 8,370,000

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 7

SCH

SCHEDULE 7 Section 20 MAXIMUM GRANTS AVAILABLE FOR EXPENDITURE BY NON-GOVERNMENT TEACHERS COLLEGES Column 1 Column 2 Non-government Teachers College Amount of grant in respect of 1988 $ Avondale College 1,216,000 McAuley College 2,219,000 TOTAL 3,435,000

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 8

SCH

SCHEDULE 8 Section 26 GRANTS FOR EQUIPMENT FOR HIGHER EDUCATION INSTITUTIONS Column 1 Column 2 Higher Education Institution Maximum grant in respect of 1988 $ NEW SOUTH WALES Armidale College of Advanced Education 179,000 Avondale College 63,000 Catholic College of Education Sydney Ltd 275,000 Cumberland College of Health Sciences 1,162,000 Hawkesbury Agricultural College 560,000 Hunter Institute of Higher Education 523,000 Kuring-gai College of Advanced Education 414,000 Macarthur Institute of Higher Education 980,000 Mitchell College of Advanced Education 538,000 Nepean College of Advanced Education 773,000 New South Wales State Conservatorium of Music 157,000 Northern Rivers College of Advanced Education 355,000 Orange Agricultural College 150,000 Riverina-Murray Institute of Higher Education 1,022,000 Sydney College of Advanced Education 777,000 The Macquarie University 2,652,000 The New South Wales Institute of the Arts 373,000 The University of New South Wales 9,792,000 The University of Newcastle 2,663,000 The University of Wollongong 2,297,000 University of New England 2,529,000 University of Sydney 10,636,000 University of Technology, Sydney 2,576,000 Total 41,446,000 VICTORIA Ballarat College of Advanced Education 620,000 Bendigo College of Advanced Education 560,000 Chisholm Institute of Technology 1,796,000 Deakin University 1,689,000 Footscray Institute of Technology 1,641,000 Gippsland Institute of Advanced Education 587,000 Hawthorn Institute of Education 323,000 Institute of Catholic Education 484,000 La Trobe University 3,445,000 Melbourne College of Advanced Education 635,000 Monash University 5,746,000 Phillip Institute of Technology 807,000 Royal Melbourne Institute of Technology Ltd 3,135,000 Swinburne Limited 1,722,000 The Victorian College of the Arts 466,000 The Western Institute 285,000 The Wodonga Institute of Tertiary Education 27,000 University of Melbourne 8,656,000 Victoria College 919,000 Victorian College of Agriculture and Horticulture 81,000 Victorian College of Pharmacy Ltd 440,000 Warrnambool Institute of Advanced Education 303,000 Total 34,367,000 QUEENSLAND Brisbane College of Advanced Education 1,372,000 Capricornia Institute of Advanced Education 1,247,000 Darling Downs Institute of Advanced Education 1,135,000 Gold Coast College of Advanced Education 247,000 Griffith University 1,867,000 James Cook University of North Queensland 1,367,000 McAuley College 115,000 Queensland Agricultural College 542,000 Queensland Conservatorium of Music 391,000 Queensland Institute of Technology 2,457,000 The University of Queensland 8,560,000 Total 19,300,000 WESTERN AUSTRALIA Curtin University of Technology 3,330,000 Murdoch University 2,147,000 The University of Western Australia 4,476,000 Western Australian College of Advanced Education 1,716,000 Total 11,669,000 SOUTH AUSTRALIA Roseworthy Agricultural College 408,000 South Australian College of Advanced Education 1,938,000 South Australian Institute of Technology 2,303,000 The Flinders University of South Australia 1,905,000 The University of Adelaide 5,186,000 Total 11,740,000 TASMANIA Tasmanian State Institute of Technology 586,000 University of Tasmania 2,130,000 Total 2,716,000 NORTHERN TERRITORY Darwin Institute of Technology 247,000 TOTAL - ALL STATES 121,485,000

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 9

SCH

SCHEDULE 9 Section 28 GRANTS FOR SPECIFIED BUILDING PROJECTS OF HIGHER EDUCATION INSTITUTIONS Column 1 Higher Education Institution Column 2 Project Column 3 Estimated maximum Commonwealth contribution towards cost of project $ Column 4 Amount of grant in respect of 1988 $ NEW SOUTH WALES Catholic College of Education, Sydney Ltd Teaching/academic building 3,995,000 3,110,000 Cumberland College of Health Sciences Teaching building for Health Sciences 1,259,000 173,000 Medical radiation technology facilities to expand student numbers and consolidate radiography training in New South Wales 7,207,000 1,578,000 Nepean College of Advanced Education General teaching building 778,000 148,000 Refurbishment of building purchased with Commonwealth funds to provide forbusiness studies 3,931,000 631,000 Northern Rivers College of Advanced Education Development of East Lismore campus, Stages 3 and 4 10,057,000 4,076,000 Riverina-Murray Institute of Higher Education Teaching building, Albury 1,598,000 100,000 The Macquarie University General purpose academic building, Stage 1 4,780,000 173,000 The University of Newcastle Library extension 4,323,000 315,000 Science/Engineering building 8,275,000 5,174,000 Shared facilities for the university and Hunter Institute of Higher Education for computer studies and economics 4,368,000 526,000 The University of Wollongong Library extension 5,301,000 1,710,000 University of Technology, Sydney Reconstruction of physical sciences building to enable its continued use 1,310,000 842,000 Total 18,556,000 VICTORIA Chisholm Institute of Technology Teaching building, Frankston campus 3,235,000 706,000 Footscray Institute of Technology General teaching building 8,055,000 846,000 Extension and alterations to Building A 2,094,000 1,114,000 La Trobe University General purpose academic building 8,604,000 6,017,000 Health Science Building 7,566,000 1,262,000 Phillip Institute of Technology Contribution towards cost of Library building at Bundoora campus 2,468,000 1,768,000 Royal Melbourne Institute of Technology Ltd Renovations to buildings 1,308,000 110,000 Buildings 6 and 9 1,945,000 316,000 Swinburne Limited Applied science building 11,026,000 6,745,000 The Western Institute Contribution towards construction of new facilities at the St Albans campus 2,253,000 947,000 University of Melbourne Zoology building 12,592,000 6,770,000 Victoria College (Burwood Campus) Conversion of former high school to teaching areas for students in business studies 1,297,000 1,262,000 Total 27,863,000 QUEENSLAND Capricornia Institute of Advanced Education Contribution to student residence 500,000 500,000 Darling Downs Institute of Advanced Education General teaching building 1,680,000 86,000 Contribution to student residence 500,000 500,000 Gold Coast College of Advanced Education New Campus, Stage 1 4,991,000 3,989,000 Griffith University General purpose science building, Stage 1 6,568,000 1,664,000 Facilities for courses in computing and information sciences 6,686,000 421,000 James Cook University of North Queensland General purpose academic building 4,058,000 3,153,000 Queensland Institute of Technology Multi-purpose building 7,999,000 3,065,000 The University of Queensland Engineering building 12,058,000 2,927,000 Total 16,305,000 WESTERN AUSTRALIA Curtin University of Technology Science/technology building 3,609,000 1,153,000 Expansion of library/teaching facilities 11,840,000 631,000 Murdoch University Science building, Stage 1 8,014,000 1,364,000 The University of Western Australia Architecture building 3,186,000 1,936,000 Western Australian College of Advanced Education Joondalup campus, Stage 1 8,125,000 1,645,000 Library building, Churchland campus 3,737,000 284,000 Total 7,013,000 SOUTH AUSTRALIA Roseworthy Agricultural College Agriculture building 1,759,000 1,004,000 South Australian College of Advanced Education Library building, Salisbury campus 1,988,000 555,000 South Australian Institute of Technology Renovations, North Terrace campus 3,063,000 1,510,000 Facilities for computing studies to meet increases in student numbers in computing and to consolidate schools of mining, metallurgy and applied geology 2,044,000 1,999,000 The University of Adelaide Facilities for engineering, enabling increases in student numbers 4,631,000 2,110,000 Total 7,178,000 TASMANIA University of Tasmania Life sciences building 5,178,000 1,621,000 TOTAL - ALL STATES 78,536,000

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 10

SCH

SCHEDULE 10 Section 29 GRANTS FOR MINOR BUILDING PROJECTS OF HIGHER EDUCATION INSTITUTIONS Column 1 Column 2 Higher Education Institution Maximum grant in respect of 1988 $ NEW SOUTH WALES Armidale College of Advanced Education 116,000 Avondale College 22,000 Catholic College of Education Sydney Ltd 158,000 Cumberland College of Health Sciences 80,000 Hawkesbury Agricultural College 184,000 Hunter Institute of Higher Education 200,000 Kuring-gai College of Advanced Education 377,000 Macarthur Institute of Higher Education 147,000 Mitchell College of Advanced Education 264,000 Nepean College of Advanced Education 189,000 New South Wales State Conservatorium of Music 63,000 Northern Rivers College of Advanced Education 249,000 Orange Agricultural College 76,000 Riverina-Murray Institute of Higher Education 327,000 Sydney College of Advanced Education 168,000 The Macquarie University 410,000 The New South Wales Institute of the Arts 151,000 The University of New South Wales 815,000 The University of Newcastle 431,000 The University of Wollongong 505,000 University of New England 600,000 University of Sydney 1,194,000 University of Technology, Sydney 275,000 Total 7,001,000 VICTORIA Ballarat College of Advanced Education 146,000 Bendigo College of Advanced Education 268,000 Chisholm Institute of Technology 331,000 Deakin University 473,000 Footscray Institute of Technolgy 400,000 Gippsland Institute of Advanced Education 289,000 Hawthorn Institute of Education 199,000 Institute of Catholic Education 89,000 La Trobe University 611,000 Melbourne College of Advanced Education 113,000 Monash University 484,000 Phillip Institute of Technology 300,000 Royal Melbourne Institute of Technology Ltd 831,000 Swinburne Limited 410,000 The Victorian College of the Arts 128,000 The Western Institute 116,000 University of Melbourne 1,168,000 Victoria College 428,000 Victorian College of Pharmacy Ltd 99,000 Warrnambool Institute of Advanced Education 129,000 Total 7,012,000 QUEENSLAND Brisbane College of Advanced Education 460,000 Capricornia Institute of Advanced Education 250,000 Darling Downs Institute of Advanced Education 248,000 Gold Coast College of Advanced Education 11,000 Griffith University 321,000 James Cook University of North Queensland 426,000 McAuley College 38,000 Queensland Agricultural College 120,000 Queensland Conservatorium of Music 15,000 Queensland Institute of Technology 479,000 The University of Queensland 1,005,000 Total 3,373,000 WESTERN AUSTRALIA Curtin University of Technology 604,000 Murdoch University 331,000 The University of Western Australia 631,000 Western Australian College of Advanced Education 486,000 Total 2,052,000 SOUTH AUSTRALIA Roseworthy Agricultural College 300,000 South Australian College of Advanced Education 600,000 South Australian Institute of Technology 600,000 The Flinders University of South Australia 373,000 The University of Adelaide 1,120,000 Total 2,993,000 TASMANIA Tasmanian State Institute of Technology 196,000 University of Tasmania 542,000 Total 738,000 NORTHERN TERRITORY Darwin Institute of Technology 21,000 TOTAL - ALL STATES 23,190,000

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 - SCHEDULE 11

SCH

SCHEDULE 11 Section 25 MAXIMUM MONTHLY CAPITATION AMOUNT OF COMMONWEALTH ASSISTANCE TO NON-GOVERNMENT BUSINESS COLLEGES Column 1 Column 2 Name of month Maximum capitation amount in respect of 1988 January to March 111.28 April to June 111.71 July to September 111.71 October to December 114.04
Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0