States Grants (Universities) Act 1951 (Cth)

STATES GRANTS (UNIVERSITIES).

 

No. 81 of 1951.

An Act to make provision for the grant of Financial Assistance to the States in connexion with Universities.

[Assented to 11th December, 1951.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title.

1.This Act may be cited as the States Grants (Universities) Act 1951.

Commencement.

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

Definitions.

3.—(1.) In this Act, unless the contrary intention appears—

“capital expenditure” means—

(a)expenditure on the erection of a new building; and

(b)expenditure, exceeding Five hundred pounds, on the alteration of an existing building or for the purchase of or otherwise in connexion with a single item of equipment;

“fees” means tuition, examination, matriculation and other fees payable to a University by a student enrolled at or applying for enrolment at the University in connexion with his course of study or attendance at the University, and includes fees payable to the University in respect of the conferring of a degree or diploma, but does not include fees the payment of which is voluntary and fees payable to an organization of students;

“State grants” means moneys paid by a State to a University for university purposes, not being—

(a) amounts for capital expenditure; or

(b) amounts paid in fulfilment of the conditions upon which a payment is made to the State under this Act;

“the Commonwealth Reconstruction Training Scheme” means the Commonwealth Reconstruction Training Scheme established under the Re-establishment and Employment Act 1945;

 

“the Joint Engineering Board of Management” means the Joint Engineering Board of Management established under an agreement made on the first day of January, One thousand nine hundred and twenty-six, between the Minister for Education of the State of Tasmania and the Council of the University of Tasmania;

“University” means a University specified in the first column of the Schedule to this Act and includes the New England University College;

“university purposes” means the general teaching and research purposes of a University in connexion with University courses and includes external tuition for University courses.

(2.) For the purposes of this Act, moneys paid by the State of Tasmania to the Joint Engineering Board of Management for the general teaching purposes of that Board in connexion with courses of study in chemistry and engineering conducted by that Board in the University of Tasmania and the Hobart Technical College shall be deemed to be moneys paid by that State to the University of Tasmania and to have been so paid for university purposes.

Financial assistance to States.

4.—(1.) For the purposes of this section, there shall be ascertained, in respect of each University, the amount (if any) by which the amount specified in the second column of the Schedule to this Act opposite to the name of that University exceeds the sum of—

(a) the amounts, not being fees, paid by the Commonwealth or on its behalf to that University towards the teaching and administrative costs incurred by the University in respect of persons undergoing training under the Commonwealth Reconstruction Training Scheme during the period which commenced on the first day of July, One thousand nine hundred and fifty, and ended on the date of commencement of this Act; and

(b)the amounts paid in respect of that period by the Commonwealth to that University for the purposes of research into physical, social and biological sciences.

(2.) Subject to this Act, there is payable to a State in which a University is situated, for the purposes of financial assistance, an amount equal to the amount (if any) ascertained under the last preceding sub-section in respect of that University.

Further financial assistance to States.

5.—(1.) For the purposes of paragraph (a)of the next succeeding sub-section, there shall be ascertained, in respect of each University, the amount (if any) by which the amount specified in the third column of the Schedule to this Act opposite to the name of that University exceeds the amount (if any) by which the amount specified in the

 

second column of that Schedule opposite to the name of the University is less than the sum of the amounts specified in paragraphs (a) and (b) of sub-section (1.) of the last preceding section.

(2.) Subject to this Act, there is payable to a State in which a University is situated, for the purposes of financial assistance—

(a)in respect of the year One thousand nine hundred and fifty-one—

(i) an amount equal to the amount (if any) ascertained under the last preceding sub-section in respect of that University; and

(ii) an amount equal to one-third of the amount (if any) by which the sum of the fees and State grants received during that year by that University exceeds the amount specified in the fourth column of the Schedule to this Act opposite to the name of that University; and

(b)in respect of each of the years One thousand nine hundred and fifty-two and One thousand nine hundred and fifty-three—

(i) an amount equal to the amount specified in the third column of the Schedule to this Act opposite to the name of the University; and

(ii) an amount equal to one-third of the amount (if any) by which the sum of the fees and State grants received during that year by that University exceeds the amount specified in the fourth column of the Schedule to this Act opposite to the name of that University.

(3.) No payment in respect of a year shall be made under this section to a State in relation to a University in that State if the sum of the fees and State grants received by that University during that year is less than the amount specified in the fourth column of the Schedule to this Act opposite to the name of that University.

(4.) The amount payable in respect of a year to a State under sub-paragraph (ii) of paragraph (a)or sub-paragraph (ii) of paragraph (b) of sub-section (2.) of this section in relation to a University in that State shall not exceed an amount equal to the amount specified in the fifth column of the Schedule to this Act opposite to the name of that University.

Conditions on which payments made.

6.—(1.) A payment to a State under section four of this Act in relation to a. University in that State is made on the conditions that—

(a)the State will pay to that University an amount equal to the amount paid to the State; and

(b)the State will ensure that the amount paid to the University is applied by the University for expenditure on university purposes.

 

(2.) A payment to a State under sub-paragraph (i) of paragraph (a) or sub-paragraph (i) of paragraph (b)of sub-section (2.) of the last preceding section in relation to a University in that State is made on the conditions that—

(a)the State will pay to that University an amount equal to the amount paid to the State; and

(b) the State will ensure that—

(i) a portion of the amount paid to the University, equal to the amount specified in the sixth column of the Schedule to this Act opposite to the name of the University, is applied by the University towards the teaching and administrative costs of the residential colleges of the University; and

(ii) the remaining portion of that amount is applied by the University for expenditure, not being capital expenditure, on university purposes.

(3.) A payment to a State under sub-paragraph (ii) of paragraph (a) or sub-paragraph (ii) of paragraph (b)of sub-section (2.) of the last preceding section in relation to a University in that State is made on the conditions that—

(a)the State will pay to that University an amount equal to the amount paid to the State; and

(b)the State will ensure that the amount paid to the University is applied by the University for expenditure, not being capital expenditure, on university purposes.

Payment of financial assistance by Treasurer.

7.—(1.) The Treasurer may, at such times as he thinks fit, make advances of such amounts as he thinks fit to a State on account of an amount payable under this Act to the State in relation to a University in that State.

(2.) Payment of each advance to a State under this section is subject to the conditions that—

(a)if the total of the advances paid to the State on account of an amount payable under this Act in relation to a University in that State exceeds that amount, the amount of the excess shall be repaid by the State; and

(b)if, after the end of the year in respect of which an amount is payable under this Act to the State in relation to a University in that State, the Treasurer is not satisfied that the conditions upon which payment of that amount is made to the State under this Act have been fulfilled by the State, the advances shall be repaid by the State.

Appropriation.

8.Payments in accordance with this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

 

THE SCHEDULE. Sections 4 and 5.

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AMOUNTS USED IN CALCULATION OF FINANCIAL ASSISTANCE.

First Column.	Second Column.	Third Column.	Fourth Column.	Fifth Column.	Sixth Column.
University.	Amount used in calculation of financial assistance under section 4.	Amount used in calculation of financial assistance under section 5.	Amount of fees and State grants.	Maximum amount referred to in section 5 (4.).	Amount for teaching and administrative costs of residential colleges.
£	£	£	£	£
New South Wales—
University of Sydney..............	117,920	270,023	783,369	101,070	8,900
New South Wales University of Technology.....................	7,280	16,373	86,521	6,240	274
New England University College......................................	5,810	13,099	64,164	4,980	220
Victoria—
University of Melbourne.........	96,250	220,414	655,159	82,500	7,265
Queensland—
University of Queensland........	40,700	93,226	309,269	34,890	3,073
South Australia—
University of Adelaide............	41,020	93,893	272,394	35,160	3,095
Western Australia—
University of Western Australia......................................	27,650	62,845	183,531	23,700	1,668
Tasmania—
University of Tasmania...........	14,870	33,127	106,319	11,460	505
351,500	803,000	2,460,726	300,000	25,000