States Grants (Universities) Act 1976 (Cth)
An Act to make provision, in respect of the Year 1976, for the grant of Financial Assistance to the States in connexion with Universities.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
“appropriate costs”, in relation to a teaching hospital of a University, are—
(a) the 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 of that University and 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 connexion with those parts of the hospital; and
(b) the expenditure, up to an amount of $2,500, incurred in the purchase of books and periodicals for the medical library of the hospital;
“building project” means—
(a) the purchase of land, with or without buildings;
(b) the planning, 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;
“collegiate accommodation” means residential accommodation (including related facilities) for students of a University, being accommodation which, having regard to the facilities and services provided for the students is, in the opinion of the Commission, of a collegiate nature;
“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—
(a) fees the payment of which is voluntary;
(b) fees payable in respect of an organization 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 in respect of residential accommodation; or
(d) fees payable in connexion with, or in connexion with attendance for the purposes of, studies that are not included in the studies that are required or permitted to be undertaken for the purpose of obtaining a degree or diploma of the University;
“hall of residence”, in relation to a University, means a hall, college or other establishment at which students of the University reside, being an establishment—
(a) administeredby the University, or by a body corporate established by the University; and
(b) approved by the Minister, for the purposes of this Act, as a hall of residence;
“relevant period” means the period that commenced on 20 November 1975 and ended on the day immediately preceding the day on which this Act received the Royal Assent;
“residential college”, in relation to a University, means a residential college (not being a hall of residence) affiliated with the University and approved by the Minister, for the purposes of this Act, as a residential college;
“University” means a University referred to in Schedule 1;
“university purposes”, in relation to a University, means—
(a) the general teaching and research purposes of that University in connexion with courses of study at that University (including the conduct of external tuition for courses of study at that University and preparatory work in connexion with proposed courses of study) but not including a building project of that University; and
(b) building projects of that University in relation to each of which the total expenditure does not exceed $20,000.
(2) In this Act, a reference to the Commission shall
be read as a reference to the Universities Commission referred to in the
(3) In this Act, a reference to a teaching hospital of a University shall be read as including a reference to any hospital in which students enrolled in the Faculty of Medicine of that University receive clinical instruction.
(a) a building project of a kind referred to in paragraph (c) or (d) of the definition of building project in sub-section 3(1) or a minor building project of a kind referred to in paragraph (a) or (b) of that definition;
(b) a project for the provision of teaching facilities at a Community Health Centre; or
(c) a project commenced on or before 31 December 1975 for planning the erection, alteration or extension of a building or other facility by that University after that date.
(2) The Commission may approve a project submitted to it under sub-section (1).
(3) Where the Commission approves a project under sub-section (2), the Commission shall also approve an amount of expenditure in respect of that project, being an amount not exceeding the cost or the estimated cost of the project.
(4) The Commission may revoke or vary an approval given under this section.
(2) The financial assistance to a State by way of payment of an amount under this section in relation to a University is granted on the conditions that—
(a) the State will, without undue delay, pay that amount to the University;
(b) the State will ensure that the amount so paid to the University is applied by the University, without undue delay, for expenditure on university purposes; and
(c) the State will ensure that no University situated in that State charges fees in respect of the year 1976 or any part of that year.
(3) The financial assistance to a State by way of payments under this section in relation to a University specified in Column 1 of Part II of Schedule 1 is granted on the further condition that the State will ensure that the University will apply, for university purposes included in the purposes specified in Column 2 of that Part in relation to the University, not less than the amount specified in Column 3 of that Part in relation to the University.
(2) The financial assistance to a State constituted by a payment or payments of money under sub-section (1) (in this sub-section referred to as the “relevant financial assistance”) in relation to a University is granted on the conditions—
(a) that the State will cause to be furnished to the Commission (not later than 31 December 1977 or such later day as the Minister approves) a certificate by a person approved by the Minister to the effect that the person has satisfied himself that an amount equal to the relevant financial assistance was, after 20 November 1975, applied by the University for expenditure on university purposes, otherwise than out of moneys paid to the University by the State from financial assistance granted to the State under this Act or under any other Act providing for the granting of financial assistance to the States in relation to Universities; and
(b) if the University is a University specified in Column 1 of Part II of Schedule 1—that the State will ensure that the University applies, for university purposes included in purposes specified in Column 2 of that Part in relation to that University, not less than the amount specified in Column 3 of that Part in relation to the University.
(2) The financial assistance to a State by way of payment of an amount under this section is granted on the conditions that—
(a) the State will, without undue delay, pay that amount to the University; and
(b) the State will ensure that the amount so paid to the University is applied by the University, without undue delay, towards research expenses incurred in respect of the year 1976.
(2) The financial assistance to a State constituted of a payment or payments of moneys under sub-section (1) (in this sub-section referred to as the “relevant financial assistance”) in relation to a University is granted on the condition that the State will cause to be furnished to the Commission (not later than 31 December 1977 or such later day as the Minister approves) a certificate by a person approved by the Minister to the effect that the person has satisfied himself that an amount equal to the relevant financial assistance was, after 20 November 1975, applied by the University towards research expenses incurred by the University, otherwise than out of moneys paid to the University by the State from financial assistance granted to the State under this Act or under any other Act providing for the granting of financial assistance to the States in relation to Universities.
(2) The Commission may approve proposals submitted to it under sub-section (1) subject to such conditions as the Commission determines, and may revoke or vary any such approval.
(3) In relation to each University specified in Column 1 of Part I of Schedule 3, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the University in accordance with an approval or approvals under this section, the amount specified in respect of the University in Column 2 of that Part.
(4) The financial assistance to a State by way of payment of an amount under this section in relation to a University is granted on the conditions that—
(a) the State will, without undue delay, pay that amount to the University; and
(b) the State will ensure that the amount so paid to the University is applied by the University, without undue delay, for the purposes of expenditure in accordance with an approval under this section.
(5) The financial assistance to a State by way of payments under this section in relation to a University specified in Column 1 of Part II of Schedule 3 is granted on the further condition that the State will ensure that the University will apply, for the purposes of expenditure in accordance with an approval or approvals under this section relating to expenditure in respect of equipment specified in Column 2 of that Part in relation to the University, not less than the amount specified in Column 3 of that Part in relation to that equipment.
(2) In relation to each hall of residence, there is payable to a State under this section an amount equal to the sum of $7,000 and the amount ascertained by multiplying $110 by the prescribed number of students in relation to that hall of residence.
(3) In relation to each residential college, there is payable to a State under this section an amount ascertained by multiplying the basic grant in relation to that college by the prescribed number of students in relation to that college.
(4) For the purposes of sub-section (3), the basic grant in relation to a residential college is—
(a) if the prescribed number of students in relation to that college is not more than 50—$250;
(b) if the prescribed number of students in relation to that college is more than 50 but not more than 75—$250 reduced by $2 for each student by which the prescribed number of students exceeds 50;
(c) if the prescribed number of students in relation to that college is more than 75 but not more than 100—$200 reduced by $0.80 for each student by which the prescribed number of students exceeds 75; and
(d) if the prescribed number of students in relation to that college is more than 100—$180 reduced by $0.16 for each student by which the prescribed number of students exceeds 100.
(5) Where a hall of residence or residential college, or a part of such a hall or college, was not in use during the whole of the academic year comprised in the year 1976, the Commission may determine that an amount payable under this section in respect of that year in relation to that hall or college shall be such part only of the amount that would otherwise be payable as the Commission thinks appropriate.
(6) The financial assistance to a State by way of payment of an amount under this section in relation to a hall of residence or residential college of a University is granted on the conditions that—
(a) the State will, without undue delay, pay that amount to the University or to the body administering the hall of residence or residential college; and
(b) the State will ensure that the amount so paid by the State is used, without undue delay, for the provision of tutorial assistance to students of, or for meeting administrative costs of, the hall of residence or residential college.
(7) For the purposes of this section, the number of students of a particular class of a hall of residence or residential college in a year is the number that is the average of the maximum numbers of students of that class during the several terms of that year.
(8) This section does not apply in relation to a hall of residence or residential college that does not provide collegiate accommodation.
(9) For the purposes of this section, the prescribed number of students at a hall of residence or residential college shall be ascertained, subject to sub-section (10), by adding—
(a) the number of resident full-time undergraduate students at that hall of residence or residential college;
(b) one-half of the number of resident full-time post-graduate students at that hall of residence or residential college; and
(c) one-tenth of the number of non-resident students receiving tutorial assistance at that hall of residence or residential college.
(10) Where, but for this sub-section, the prescribed number of students at a hall of residence or residential college ascertained in accordance with sub-section (9) would include a fraction, the prescribed number of students is—
(a) if the fraction is not less than one-half—one more than the number so ascertained, disregarding the fraction; or
(b) in any other case—the number so ascertained, disregarding the fraction.
(11). In this section—
“college of advanced education” has the same meaning as in the
States Grants (Advanced Education) Act 1976;“full-time student” means a student who is pursuing, at a University or at a college of advanced education, a course of study, either at undergraduate or post-graduate level, or research at post-graduate level, which the Commission is satisfied is such as reasonably to require the attention of the student on a full-time basis;
“non-resident student”, in relation to a hall of residence or residential college, means a student of a University, not occupying collegiate accommodation at that, or any other, hall of residence or residential college, who is enrolled as a non-resident student of that hall or college and receiving at that hall or college tutorial assistance other than tutorial assistance that is provided by the relevant University to all students of that University pursuing a particular course of study;
“resident full-time post-graduate student”, in relation to a hall of residence or residential college, means a full-time student who is a resident of the hall of residence or residential college occupying collegiate accommodation and is engaged, at a University or at a college of advanced education, in study or research at postgraduate level;
“resident full-time undergraduate student”, in relation to a hall of residence or residential college, means a full-time student, not being a resident full-time post-graduate student, who is a resident of the hall of residence or residential college occupying collegiate accommodation.
(2) The financial assistance to a State by way of payment of an amount under this section in relation to the teaching hospitals of a University is granted on the conditions that—
(a) the State will, without undue delay, pay that amount to the University; and
(b) the State will ensure that the amount so paid to the University is applied by the University, without undue delay, in making contributions towards the appropriate costs of the teaching hospital or teaching hospitals of the University.
(2) The financial assistance to a State constituted by a payment or payments of money under sub-section (1) (in this sub-section referred to as the “relevant financial assistance”) in relation to a University is granted on the condition that the State will cause to be furnished to the Commission (not later than 31 December 1977 or such later day as the Minister approves) a certificate by a person approved by the Minister to the effect that the person has satisfied himself that an amount equal to the relevant financial assistance was, after 20 November 1975, applied by the University in making contributions towards the appropriate costs of the teaching hospital or teaching hospitals of that University, otherwise than out of moneys paid to the University by the State from financial assistance granted to the State under this Act or under any other Act providing for the granting of financial assistance to the States in relation to Universities.
(2) Subject to sub-section (3), where the Commission approves a project of a University under section 4, there is payable to the State in which the University is situated, for the purpose of financial assistance in relation to that project, an amount equal to the amount of expenditure approved by the Commission under sub-section 4(3) in respect of that project.
(3) The respective totals of the amounts payable to the States under sub-section (2) in the year 1976 shall not exceed—
(a) in the case of amounts for the purpose of financial assistance in relation to building projects referred to in paragraph 4(1)(a) that are approved under sub-section 4(2)—$1,596,000;
(b) in the case of amounts for the purpose of financial assistance in relation to projects for the provision of teaching facilities at community health centres, being projects referred to in paragraph 4(1)(b), that are approved under sub-section 4(2)—$300,000; and
(c) in the case of amounts for the purpose of financial assistance in relation to projects for planning the erection, alteration or extension of buildings or other facilities, being projects referred to in paragraph 4(1)(c), that are approved under sub-section 4(2)—$800,000.
(4) Where the Minister is satisfied that—
(a) the amount specified in Column 3 of Schedule 5 in relation to a building project of a University exceeds, or is likely to exceed, the cost of the project;
(b) the amount specified in paragraph (3)(a) exceeds, or is likely to exceed, the total cost of all projects referred to in paragraph 4(1)(a) that are approved under sub-section 4(2);
(c) the amount specified in paragraph (3)(b) exceeds, or is likely to exceed, the total cost of all projects referred to in paragraph 4(1)(b) that are approved under sub-section 4(2); or
(d) the amount specified in paragraph (3)(c) exceeds, or is likely to exceed, the total cost of all projects referred to in paragraph 4(1)(c) that are approved under sub-section 4(2),
the Minister may direct that the amount so specified shall be deemed to be reduced by such amount as is specified by the Minister.
(5) Where the Minister gives a direction under sub-section (4), the Minister may direct that another amount or other amounts specified in Schedule 5 or sub-section (3) shall be deemed to be increased by such specified amount or by such specified amounts as the Minister considers necessary in consequence of that direction.
(6) A direction shall not be given under sub-section (5) if the effect of the direction and of the direction given under sub-section (4) in consequence of which it was given would result in the sum of the amounts available to the States by way of financial assistance under this section exceeding $51,600,000.
(7) Where the Minister gives a direction under sub-section (4) or (5) , this Act has effect as if the amounts referred to in the direction had been respectively reduced or increased, as the case may be, in accordance with the Minister’s direction.
(8) Where a project specified in Schedule 5 consists of, or includes, the erection, alteration or extension of a building, that project shall be deemed to include the provision of furnishings, as approved by the Commission for the purposes of this section, for that building, or for the altered parts or the extensions of that building, as the case may be.
(9) The financial assistance to a State by way of payment of an amount under this section in relation to a project of a University is granted on the conditions that—
(a) the State will, without undue delay, pay that amount to the University; and
(b) the State will ensure that the amount so paid to the University is applied by the University, without undue delay, towards the carrying out of that project.
(a) if the Minister informs 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, or such part of that amount as the Minister specifies, to the Commonwealth; and
(b) if that amount exceeds the amount properly payable, the State will repay the excess to the Commonwealth.
(2) An amount of financial assistance to a State under this Act in relation to a project referred to in sub-section 16(l) or (2) is granted on the conditions that—
(a) particulars of matters in relation to the carrying out of the project will be submitted for the approval of the Commission in accordance with procedures determined by the Minister; and
(b) the project will be carried out, as regards matters to which those procedures relate, in accordance with approvals given by the Commission.
(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Commission.
(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Commission.
21. Payments to a State under this Act may be made—
(a) in the case of payments in accordance with section 11 or 16—out of the Consolidated Revenue Fund or the Loan Fund; or
(b) in any other case—out of the Consolidated Revenue Fund.
(2) In any statement of the
receipts and expenditure, or of the expenditure, of the Consolidated Revenue
Fund prepared by the Treasurer under section 49 or 50 of the
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SCHEDULE 1 Section 5
PART I
GRANTS FOR RECURRENT EXPENDITURE
Column 1 | Column 2 |
University | Amount |
New South Wales— | $ |
University of Sydney................................................................................................ | 56,727,000 |
University of New South Wales................................................................................. | 54,687,000 |
University of New England....................................................................................... | 16,933,000 |
University of Newcastle............................................................................................ | 13,156,000 |
Macquarie University............................................................................................... | 21,058,000 |
University of Wollongong......................................................................................... | 6,499,000 |
169,060,000 | |
Victoria— | |
University of Melbourne........................................................................................... | 48,950,000 |
Monash University................................................................................................... | 40,845,000 |
La Trobe University................................................................................................. | 20,657,000 |
Deakin University.................................................................................................... | 633,000 |
111,085,000 | |
Queensland— | |
University of Queensland.......................................................................................... | 45,174,000 |
James Cook University of North Queensland............................................................. | 8,503,000 |
Griffith University.................................................................................................... | 4,589,000 |
58,266,000 | |
South Australia— | |
University of Adelaide.............................................................................................. | 29,804,000 |
Flinders University of South Australia....................................................................... | 13,258,000 |
43,062,000 | |
Western Australia— | |
University of Western Australia................................................................................ | 27,739,000 |
Murdoch University.................................................................................................. | 6,087,000 |
33,826,000 |
SCHEDULE 1—continued
Column 1 | Column 2 |
University | Amount |
$ | |
Tasmania— | |
University of Tasmania............................................................................................... | 13,605,000 |
428,904,000 |
PART II
SPECIAL PURPOSES IN RELATION TO GRANTS FOR RECURRENT EXPENDITURE
Column 1 | Column 2 | Column 3 |
University | Purpose | Amount |
$ | ||
University of Sydney........................... | General development approved by Commission | 950,000 |
University of New South Wales............ |
| 496,000 |
University of Newcastle....................... | School of Medicine, for teaching and research | 169,000 |
University of Melbourne...................... | General development approved by Commission | 950,000 |
James Cook University of North Queensland | School of Medicine, for planning purposes | 42,000 |
Flinders University of South Australia | School of Medicine, for teaching and research | 1,435,000 |
Murdoch University............................. |
| 754,000 |
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SCHEDULE 2 Section 8
SPECIAL RESEARCH GRANTS
Column 1 | Column 2 |
University | Amount |
$ | |
University of Sydney........................................................................................................ | 459,000 |
University of New South Wales........................................................................................ | 406,000 |
University of New England.............................................................................................. | 132,000 |
University of Newcastle................................................................................................... | 84,000 |
Macquarie University....................................................................................................... | 158,000 |
University of Wollongong................................................................................................ | 47,000 |
University of Melbourne.................................................................................................. | 469,000 |
Monash University........................................................................................................... | 359,000 |
La Trobe University......................................................................................................... | 153,000 |
University of Queensland................................................................................................. | 353,000 |
James Cook University of North Queensland..................................................................... | 47,000 |
Griffith University........................................................................................................... | 21,000 |
University of Adelaide..................................................................................................... | 301,000 |
Flinders University of South Australia............................................................................... | 79,000 |
SCHEDULE 2—continued
Column 1 | Column 2 |
University | Amount |
$ | |
University of Western Australia........................................................................................ | 206,000 |
Murdoch University......................................................................................................... | 37,000 |
University of Tasmania.................................................................................................... | 90,000 |
3,401,000 |
_________
SCHEDULE 3 Section 11
PART I
GRANTS FOR EQUIPMENT
Column 1 | Column 2 |
University | Amount |
$ | |
University of Sydney........................................................................................................ | 1,255,000 |
University of New South Wales......................................................................................... | 1,015,000 |
University of New England............................................................................................... | 295,000 |
University of Newcastle.................................................................................................... | 230,000 |
Macquarie University....................................................................................................... | 215,000 |
University of Wollongong................................................................................................. | 570,000 |
University of Melbourne................................................................................................... | 970,000 |
Monash University........................................................................................................... | 465,000 |
La Trobe University......................................................................................................... | 255,000 |
Deakin University............................................................................................................ | 170,000 |
University of Queensland.................................................................................................. | 1,040,000 |
James Cook University of North Queensland..................................................................... | 460,000 |
Griffith University............................................................................................................ | 740,000 |
University of Adelaide...................................................................................................... | 655,000 |
Flinders University of South Australia............................................................................... | 580,000 |
University of Western Australia........................................................................................ | 445,000 |
Murdoch University.......................................................................................................... | 935,000 |
University of Tasmania..................................................................................................... | 205,000 |
10,500,000 |
PART II
SPECIFIED EQUIPMENT EXPENDITURE IN RELATION TO GRANTS FOR EQUIPMENT
Column 1 | Column 2 | Column 3 |
University | Equipment | Amount |
$ | ||
University of Newcastle....................... | Library material for Medical Library | 40,000 |
University of Wollongong.................... | Library material for University Library | 170,000 |
Deakin University............................... | Library material for University Library | 170,000 |
|
Library material for University Library | 170,000 |
SCHEDULE 3—continued
Column 1 | Column 2 | Column 3 |
University | Equipment | Amount |
$ | ||
Flinders University of South Australia... | Equipment for School of Medicine...................... | 400,000 |
Library material for Medical Library................... | 45,000 | |
Murdoch University............................. | Equipment for School of Veterinary Studies........ | 200,000 |
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SCHEDULE 4 Section 13
GRANTS FOR RECURRENT EXPENDITURE IN RESPECT OF TEACHING HOSPITALS OF SPECIFIED UNIVERSITIES FOR THE YEAR 1976
Column 1 | Column 2 |
University | Amount |
$ | |
New South Wales— | |
University of Sydney...................................................................................................... | 262,000 |
University of New South Wales....................................................................................... | 250,000 |
512,000 | |
Victoria— | |
University of Melbourne | 273,000 |
Monash University......................................................................................................... | 161,000 |
434,000 | |
Queensland— | |
University of Queensland................................................................................................ | 184,000 |
South Australia— | |
University of Adelaide.................................................................................................... | 167,000 |
Western Australia— | |
University of Western Australia....................................................................................... | 89,000 |
Tasmania— | |
University of Tasmania................................................................................................... | 44,000 |
1,430,000 |
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SCHEDULE 5 Section 16
GRANTS FOR BUILDING PROJECTS
Column 1 | Column 2 | Column 3 |
University | Project | Amount |
$ | ||
New South Wales— | ||
University of Sydney......... | Music—New accommodation in Seymour Centre.............. | 185,000 |
Purchase of sites in Darlington area................................... | 1,000,000 |
SCHEDULE 5—continued
Column 1 | Column 2 | Column 3 |
University | Project | Amount |
$ | ||
University of New South Wales... | Library—Completion of extension........................... | 500,000 |
Medical Building—Extension.................................. | 2,400,000 | |
University of New England......... |
| 227,000 |
University of Newcastle.............. |
| 435,000 |
Medical School—New building................................ | 3,800,000 | |
Macquarie University.................. | Library—Extension................................................. | 3,600,000 |
Victoria— | ||
University of Melbourne............. |
| 500,000 |
Monash University..................... | Biology Building—Extension.................................. | 240,000 |
Medical School—Extensions................................... | 4,350,000 | |
La Trobe University.................... | North Building—New academic building.................. | 2,600,000 |
Queensland— | ||
Griffith University...................... | Science Building—Extension................................... | 4,100,000 |
| 3,500,000 | |
South Australia— | ||
University of Adelaide................ | Medical School—New building................................ | 5,600,000 |
Land Acquisition..................................................... | 1,250,000 | |
| ||
Medical Centre—Teaching facilities......................... | 2,800,000 | |
Western Australia— | ||
| Physiology Building—Extension.............................. | 482,000 |
Veterinary School—Clinical facilities....................... | 4,350,000 | |
East Academic Building—New building................... | 3,050,000 | |
West Academic Building—New building.................. | 3,500,000 | |
Tasmania— | ||
University of Tasmania............... |
| 435,000 |
0
0
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