States Grants (Universities) Act 1953 (Cth)

STATES GRANTS (UNIVERSITIES).

No. 75 of 1953.

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

[Assented to 10th December, 1953.]

BE it enacted by the Queen’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 1953.

Commencement.

2. This Act shall be deemed to have come into operation on the first day of January, One thousand nine hundred and fifty-three.

Repeal.

3.—(1.) The States Grants (Universities) Act 1951 is repealed.

(2.) An amount paid to a State in respect of the year One thousand nine hundred and fifty-three under a provision of the Act repealed by this section shall be deemed to have been paid in respect of that year under the corresponding provision of this Act.

Interpretation.

4.—(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 or fees payable to an organization of students;

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

(a) moneys used for capital expenditure; or

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

“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 courses of study at the University, and includes external tuition for courses of study at the University.

(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.

5.—(1.) Subject to this Act, if the sum of the fees and State grants received by a University during either of the years One thousand nine hundred and fifty-three and One thousand nine hundred and fifty-four exceeds the amount specified in the second column of the Schedule to this Act opposite to the name of that University, there is payable, in respect of that year, to the State in which the University is situated, for the purposes of financial assistance—

(a) an amount equal to one-third of the amount of that excess; and

(b) an amount equal to the amount specified in the third column of that Schedule opposite to the name of the University.

(2.) The maximum amount payable to a State under paragraph (a) of the last preceding sub-section in relation to a University in respect of a year is the amount specified in the fourth column of that Schedule opposite to the name of the University.

Conditions on which payments made.

6.—(1.) The financial assistance to a State constituted by a payment referred to in paragraph (a) of sub-section (1.) of the last

preceding section in relation to a University is granted on the conditions that—

(a) the State will, in the year in which that payment is received, pay to the University an amount equal to that payment; and

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

(2.) The financial assistance to a State constituted by a payment referred to in paragraph (b) of sub-section (1.) of the last preceding section in relation to a University is granted on the conditions that—

(a) the State will, in the year in which that payment is received, pay to the University an amount equal to that payment; and

(b) the State will ensure that—

(i) a portion of the amount so paid to the University, being a portion equal to the amount specified in the fifth 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.) In addition to the conditions specified in the last two preceding sub-sections, an amount of financial assistance to a State under this Act is granted on the conditions that—

(a) if the Treasurer informs the Treasurer of the State that he is satisfied that the State has failed to fulfil the conditions applicable to that amount, the State will repay that amount to the Commonwealth; and

(b) if that amount exceeds the amount properly payable, the State will repay the excess to the Commonwealth.

Payment of financial assistance by Treasurer.

7. 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 that may become payable under this Act to the State.

Appropriation.

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

Validation of certain payments.

9. The States Grants (Universities) Act 1951 shall be deemed to have operated in respect of the year One thousand nine hundred and fifty-two as if the amounts set out in the Schedule to that Act in relation to the New South Wales University of Technology had been the following :—

£	£	£	£	£
7,280	81,885	605,805	30,826	2,356

Sections 5 and 6. THE SCHEDULE.

AMOUNTS USED IN CALCULATION OF FINANCIAL ASSISTANCE.

First Column.	Second Column.	Third Column.	Fourth Column.	Fifth Column.
					University.	Amount of fees and State grants.	Amount of financial assistance under section 5 (1.) (b).	Maximum amount payable under section 5 (1.) (a).	Amount for teaching and administrative costs of residential colleges.
New South Wales—	£	£	£	£
University of Sydney..............................	783,369	270,023	202,140	8,900
New South Wales University of Technology	605,805	81,885	61,652	2,356
					New England University College............	64,164	13,099	9,960	220
Victoria—
University of Melbourne.........................	655,159	220,414	165,000	7,265
Queensland—
University of Queensland.......................	309,269	93,226	69,780	3,073
South Australia—
University of Adelaide............................	272,394	93,893	70,320	3,095
Western Australia—
University of Western Australia..............	183,531	62,845	47,400	1,668
Tasmania—
University of Tasmania..........................	106,319	33,127	22,920	505
2,980,010	868,512	649,172	27,082