States Grants (Tertiary Education Assistance) Amendment Act (No. 2) 1986 (Cth)
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by inserting after the definition of “capital expenditure” in sub-section (1) the following definition:
“ ‘charge’ means higher education administration charge;”;
(b) by inserting after the definition of “course of teacher education” in sub-section (1) the following definition:
“ ‘enrolment’ includes re-enrolment;”;
(c) by inserting after the definition of “recurrent expenditure” in sub-section (1) the following definition:
“ ‘relevant enrolment’ means the enrolment of a person at a relevant institution to undertake a course or a part of a course, being a course the completion of which leads to the granting of a degree, diploma or other award of the institution (whether or not that course or that part of that course is undertaken for the purpose of obtaining such an award), but does not include—
(a) the enrolment of a person in a course of technical and further education;
(b) the enrolment of a person who is an overseas student within the meaning of the
Overseas Students Charge Act 1979 to undertake such a course or part of such a course where the institution imposes a fee of the kind referred to in paragraph (ca) of the definition of ‘fees’ in relation to that course or that part of that course;(c) the enrolment of a person to undertake such a course or part of such a course during a year at a relevant institution where the person has already enrolled in such a course or part of such a course in respect of that year at the institution, being another course in respect of which charge was imposed in respect of that year;
(d) the enrolment of a person who is in receipt of a pension, benefit or allowance from the Commonwealth, being a person included in a class of persons specified by the Minister for the purposes of this paragraph by notice in writing published in the
Gazette ;(e) the enrolment of a person to undertake part of such a course during a year at a relevant institution where that enrolment is required for the purposes of another course being undertaken by the person at another relevant institution, being another course in respect of which charge was imposed in respect of that year; or
(f) the enrolment of a person to undertake such a course at a relevant institution where the institution provides a scholarship to the person to undertake that course, being a scholarship that entitles the person to an amount by way of living allowance of at least $1,000 per annum, not including any amount payable in respect of the person’s dependants;”; and
(d) by adding at the end the following sub-section:
“(11) For the purposes of the definition of ‘relevant enrolment’ in sub-section (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.”.
“4a. (1) The Minister shall, before 31 December in the year 1986 and in each subsequent year, after obtaining the advice of the Commission—
(a) by instrument in writing, estimate the number of relevant enrolments in respect of the year immediately following that 31 December at each relevant institution to which section 5, 16 or 18 applies; and
(b) by instrument in writing, estimate the number of relevant enrolments in respect of the year immediately following that 31 December at Northern Territory tertiary education institutions.
“(2) Where—
(a) the Minister has made an estimate under sub-section (1) of the number of relevant enrolments at a relevant institution situated in a State, or at Northern Territory tertiary education institutions, in respect of a year; and
(b) the Minister, after obtaining the advice of the Commission, is satisfied that there will be a significant difference between the number of enrolments so estimated and the number that is likely to be the number of actual enrolments at that relevant institution or at those Northern Territory tertiary education institutions, as the case may be, in respect of that year,
the Minister may, before the end of that year, by instrument in writing, revise the estimate so made and, where the Minister revises such an estimate, that revised estimate shall, for the purposes of this Act, be deemed to have been an estimate made by the Minister under sub-section (1).
“(3) The Minister shall, as soon as practicable after making an estimate under sub-section (1) or revising such an estimate under sub-section (2), give a copy of the estimate or revised estimate to the State Tertiary Education Minister of the State or Territory to which the estimate relates.
“4b. (1) The amount of the reduction to be calculated in relation to a State for the year 1987 under sub-section 5 (1) or (2), 16 (1) or 18 (1) in relation to a relevant institution situated in the State is the amount obtained by multiplying the number of relevant enrolments at the institution estimated by the Minister under section 4a in respect of that year by 90% of the amount of charge applicable to that year under section 4d.
“(2) The amount of the reduction to be calculated in relation to the Northern Territory for the year 1987 under sub-section 17 (1) is the amount obtained by multiplying the number of relevant enrolments at Northern Territory tertiary education institutions estimated by the Minister under section 4a in respect of that year by 90% of the amount of charge applicable to that year under section 4d.
“4c. (1) In this section—
‘actual enrolment number’, in relation to the year 1987 or a subsequent year, means—
(a) in the case of a relevant institution situated in a State—the actual number of relevant enrolments at the institution in respect of that year; or
(b) in the case of the Northern Territory—the actual number of relevant enrolments at Northern Territory tertiary education institutions in respect of that year;
‘estimated enrolment number’, in relation to the year 1987 or a subsequent year, means—
(a) in the case of a relevant institution situated in a State—the number of relevant enrolments at the institution estimated by the Minister under section 4a in respect of that year; or
(b) in the case of the Northern Territory—the number of relevant enrolments at Northern Territory tertiary education institutions estimated by the Minister under section 4a in respect of that year.
“(2) If the actual enrolment number in relation to a relevant institution situated in a State in relation to a year is less than the estimated enrolment number in relation to that institution in relation to that year, there is payable to the State in relation to that institution the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4d.
“(3) If the actual enrolment number in relation to Northern Territory tertiary education institutions in relation to a year is less than the estimated enrolment number in relation to Northern Territory tertiary education institutions in relation to that year, there is payable to the Northern Territory the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4d.
“(4) Payment of an amount to a State under sub-section 5 (1) or (2), 16 (1) or 18 (1) in relation to a relevant institution in respect of the year 1987 is subject to the additional condition that, if the estimated enrolment number in relation to that institution is less than the actual enrolment number in relation to that institution, the State will pay to the Commonwealth the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4d.
“(5) Payment of an amount to the Northern Territory under sub-section 17 (1) in respect of the year 1987 is subject to the additional condition that, if the estimated enrolment number in relation to Northern Territory tertiary education institutions is less than the actual enrolment number in relation to Northern Territory tertiary education institutions, the Northern Territory will pay to the Commonwealth the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4d.
“(6) An amount payable to a State under sub-section (2) in relation to a relevant institution, or an amount payable to the Northern Territory under sub-section (3), in respect of a year may be added to a grant to the State in relation to that institution, or to a grant to the Northern Territory in relation to Northern Territory tertiary education institutions, as the case may be, in respect of the subsequent year.
“(7) An amount payable by a State or the Northern Territory to the Commonwealth in accordance with the condition referred to in sub-section (4) or (5) in respect of a year may be deducted from—
(a) in the case of a State—a grant to the State in respect of the subsequent year in relation to the institution in respect of which the amount became payable; or
(b) in the case of the Northern Territory—a grant to the Northern Territory in respect of the subsequent year in relation to Northern Territory tertiary education institutions.
“4d. (1) In this section—
‘estimated index number’, in relation to a March quarter in a year, means the number estimated by the Commission under sub-section (3) for that quarter;
‘index number’, in relation to a quarter, means the General Salaries Index number published by the Commission for that quarter;
‘year to which this section applies’ means the year 1988 or any subsequent year.
“(2) If at any time, whether before or after the commencement of this section, the Commission has changed or changes the reference base for the General Salaries Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.
“(3) The Commission shall, before 31 December in the year 1986 and in each subsequent year—
(a) make an estimate of the index number for the March quarter in the subsequent year; and
(b) cause to be published in the
Gazette a notice specifying the index number so estimated and, in the case of an estimate for the year 1988 or a subsequent year, specifying the amount of charge for each relevant enrolment in respect of that year.
“(4) The amount of charge for each relevant enrolment in respect of the year 1987 is $250.
“(5) The amount of charge for each relevant enrolment in respect of a year to which this section applies is—
(a) subject to paragraph (b), the amount ascertained by multiplying by the factor calculated under sub-section (6) in relation to that year—
(i) in a case to which sub-paragraph (ii) does not apply—$250; or
(ii) if, by virtue of another application of this section, an amount other than $250 was the amount of charge for each relevant enrolment in respect of the preceding year—that other amount; or
(b) if an amount calculated under paragraph (a) includes a number of cents—the amount so calculated disregarding the cents.
“(6) The factor to be ascertained for the purposes of sub-section (5) in relation to a year to which this section applies is—
(a) the number, calculated to 3 decimal places, ascertained by dividing the estimated index number for the March quarter in that year by the estimated index number for the March quarter in the preceding year; or
(b) if the number so ascertained would, if it were calculated to 4 decimal places, end in a number greater than 4—the number so ascertained increased by 0.001.”.
(a) by adding at the end of sub-section (1) “reduced, in the case of the year 1987, by the amount calculated under section 4b in relation to the university”;
(b) by adding at the end of sub-section (2) “reduced, in the case of the year 1987, by the amount calculated under section 4b in relation to the college”;
(c) by omitting from paragraph (3) (b) all the words after “not less than” and substituting “the amount specified in Schedule 1 in relation to the university in respect of that year or the amount
specified in Schedule 3 in relation to the college in respect of that year, as the case may be”; and
(d) by inserting after paragraph (3) (c) the following paragraph:
“(ca) the State will ensure that each university and college of advanced education situated in the State imposes an amount of charge in respect of each relevant enrolment in respect of the year 1987, being the amount applicable under section 4d in respect of that year;”.
(a) by adding at the end of sub-section (1) “reduced, in the case of the year 1987, by the amount calculated under section 4b in relation to that institution”;
(b) by omitting from paragraph (2) (a) “sum of the amounts of financial assistance paid to the State under sub-section (1)” and substituting “amount specified in Schedule 7”; and
(c) by inserting after paragraph (2) (b) the following paragraph:
“(ba) the State will ensure that each technical and further education institution situated in the State at which courses of advanced education are provided imposes an amount of charge in respect of each relevant enrolment in respect of the year 1987, being the amount applicable under section 4d in respect of that year;”.
(a) by adding at the end of sub-section (1) “reduced, in the case of the year 1987, by the amount calculated under section 4b in relation to the Northern Territory”;
(b) by omitting from paragraph (2) (a) “sum of the amounts of financial assistance paid to the Northern Territory under sub-section (1)” and substituting “amount specified in Schedule 8”; and
(c) by inserting after paragraph (2) (b) the following paragraph:
“(ba) the Northern Territory will ensure that each Northern Territory tertiary education institution at which courses of advanced education are provided imposes an amount of charge in respect of each relevant enrolment in respect of the year 1987, being the amount applicable under section 4d in respect of that year;”.
(a) by adding at the end of sub-section (1) “reduced, in the case of the year 1987, by the amount calculated under section 4b in relation to the college”;
(b) by omitting from sub-paragraph (2) (b) (i) “sum of the amounts paid to the approved authority under this section” and substituting “amount specified in Schedule 9”;
(c) by inserting after sub-paragraph (2) (b) (ii) the following sub-paragraph:
“(iia) the approved authority will ensure that the college will impose an amount of charge in respect of each relevant enrolment in a course of teacher education at the college in respect of the year 1987, being the amount applicable under section 4d in respect of that year;”; and
(d) by inserting in sub-paragraph (2) (b) (iv) “, (iia)” after “(ii)”.
1. No. 127, 1984, as amended. For previous amendments, see Nos. 61, 160 and 165, 1985; and No. 67, 1986.
[
House of Representatives on 19 August 1986
Senate on 11 November 1986
0
0
0