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

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

No. 165 of 1985

An Act to amend the States Grants (Tertiary Education Assistance) Act 1984

[Assented to 11 December 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the States Grants (Tertiary Education Assistance) Amendment Act (No. 2) 1985.

(2) The States Grants (Tertiary Education Assistance) Act 19841 is in this Act referred to as the Principal Act.

Commencement

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

Grants for expenditure for university purposes and college purposes

3. Section 5 of the Principal Act is amended by inserting after sub-section (13) the following sub-section:

“(13a) The Minister may determine that an amount (in this sub-section referred to as the ‘relevant amount’) expended by a university for university purposes, or by a college of advanced education for college purposes, in respect

of a year to which this Act applies is an amount of expenditure that, in the opinion of the Minister, represents moneys that were paid to the university or college by a State—

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

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

and, where the Minister makes such a determination—

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

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

Grants to Northern Territory for recurrent expenditure in respect of courses of advanced education, &c.

4. Section 17 of the Principal Act is amended by inserting after sub-section (7) the following sub-section:

“(7A) The Minister may determine that an amount (in this sub-section referred to as the ‘relevant amount’) expended by the Northern Territory and instrumentalities of the Northern Territory in connection with the provision, in respect of a year to which this Act applies, of courses of advanced education at Northern Territory tertiary education institutions is an amount of expenditure that, in the opinion of the Minister, represents moneys that were paid to the institutions by the Northern Territory and those instrumentalities—

(a) out of moneys granted by the Commonwealth to the Northern Territory 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 sub-section 4 (1) of the States Grants (Nurse Education Transfer Assistance) Act 1985,

and, where the Minister makes such a determination—

(c) the sum of the amounts expended by the Northern Territory and those instrumentalities in connection with the provision, in respect of that year, of courses of advanced education at those institutions shall be

taken, for the purposes of this section, to be reduced by an amount equal to the relevant amount; and

(d) the amount specified in any statement furnished under paragraph (2) (c), whether furnished before or after the making by the Minister of a determination under this sub-section, as the amount expended by the Northern Territory and instrumentalities of the Northern Territory, in connection with the provision of courses of education at Northern Territory tertiary education institutions during that year, shall be deemed, for the purposes of sub-sections (4), (5), (6) and (7), to be reduced by an amount equal to the relevant amount.”.

Equipment grants for universities, colleges of advanced education and non-government teachers colleges

5. Section 32 of the Principal Act is amended by adding at the end the following sub-section:

“(10) The Minister may determine that an amount (in this sub-section referred to as the ‘relevant amount’) expended by a university or college of advanced education in connection with an approved proposal or approved proposals for expenditure by the university or college in respect of a year to which this Act applies is an amount of expenditure that, in the opinion of the Minister, represents moneys paid to the university or college by a State

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

(b) out of moneys other than those referred to in paragraph (a) pursuant to an agreement entered into pursuant to sub-section 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 or college in connection with the approved proposal or approved proposals for expenditure by the university or college 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.”.

Equipment grants for Northern Territory tertiary education institutions

6. Section 34 of the Principal Act is amended by adding at the end the following sub-section:

“(6) The Minister may determine, that an amount (in this sub-section referred to as the ‘relevant amount’) expended by a Northern Territory tertiary education institution in connection with an approved proposal or approved proposals for expenditure by the institution in respect of a year to which this Act applies is an amount of expenditure that, in the opinion of the Minister, represents moneys paid to the institution by the Northern Territory—

(a) out of moneys granted by the Commonwealth to the Northern Territory 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 sub-section 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, to be reduced by an amount equal to the relevant amount.”.

Conditions attaching to building grants

7. Section 40 of the Principal Act is amended by adding at the end the following sub-section:

“(7) The Minister may determine that an amount (in this sub-section referred to as the ‘relevant amount’) expended by a relevant institution in connection with an approved minor building project in respect of a year to which this Act applies is an amount of expenditure that, in the opinion of the Minister, represents moneys that were paid to the 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 sub-section 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, to be reduced by an amount equal to the relevant amount.”.

 

NOTE

1. No. 127, 1984.

[Minister’s second reading speech made in—

House of Representatives on 20 November 1985

Senate on 3 December 1985