States Grants (Advanced Education) Act (No. 3) 1967

Overview

The States Grants (Advanced Education) Act (No. 3) 1967 was enacted to amend the States Grants (Advanced Education) Act 1967, addressing the need for financial support for specific projects in advanced education institutions, including those funded by subscribed moneys. This Act was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aiming to provide clarity and additional support for educational institutions through the provision of grants. The policy objective of this legislation is to ensure that subscribed moneys are effectively utilised for approved projects in colleges of advanced education, with the financial assistance subject to certain conditions to ensure proper application and accountability. The Act introduces amendments to the definition of "subscribed moneys" and inserts a new section that governs the approval process for the expenditure of such moneys on residential accommodation projects. It stipulates that the Minister for the purposes of this section can approve an amount of subscribed moneys for approved projects, provided that the State concerned undertakes to match the expenditure with an equivalent amount of non-subscribed moneys. Additionally, the Act updates the names and financial allocations of certain educational institutions in its schedules, reflecting changes such as the renaming of Bendigo Technical College to Bendigo Institute of Technology and adjusting the funding for various projects across different institutions.

Scope and Application

The States Grants (Advanced Education) Act (No. 3) 1967 amends the States Grants (Advanced Education) Act 1967 by introducing provisions concerning the allocation of financial assistance for residential accommodation projects at colleges of advanced education. The Act applies to the Commonwealth of Australia and specifically to the states or territories where colleges of advanced education are located, as well as to any projects undertaken by these institutions within the three-year period to which the Act applies. The Act applies to both the states and the colleges of advanced education themselves, particularly those involved in the approved projects for residential accommodation. The Act's amendments affect the interpretation of "State contributions" and introduce the concept of "subscribed moneys," which includes funds provided by members of the public or other entities not affiliated with the Commonwealth or the states. The Act allows for grants in respect of subscribed moneys for approved residential accommodation projects, subject to certain conditions, including the requirement that states must provide equivalent funding from non-subscribed sources. The Act also outlines specific amendments to the Second Schedule, detailing the approved projects and their respective funding allocations for institutions like the Bendigo Institute of Technology, The School of Mines and Industries, Ballarat, and the Queensland Institute of Technology, Brisbane.

Key Provisions

The main operative sections of the States Grants (Advanced Education) Act (No. 3) 1967 include the insertion of a new section 7a (section 4), which allows for grants in respect of moneys subscribed for residential accommodation at colleges of advanced education. Specifically, if an amount of subscribed moneys is proposed to be spent on an approved project in relation to residential accommodation at a college of advanced education, and the whole or part of that expenditure is approved by the Minister at the request of the State, this expenditure can be considered as a State contribution. However, this does not apply to any part of the expenditure that exceeds the total amount spent by the State on that project during the three-year period covered by the Act (section 4(2)). To receive approval, the State must provide an undertaking to the Minister that it will spend an equivalent amount of its own funds on the project, either as part of the project or as additional State expenditure on the project (section 4(3) and (4)). The financial assistance provided under this section is subject to conditions, including that the State must ensure the funds are applied to the project in an approved manner and comply with the undertaking provided (section 4(5)). The Act imposes several obligations on the parties it governs. Firstly, the State in which the college is situated must provide an undertaking to the Minister that it will match the amount of subscribed moneys spent on an approved project with its own funds, either as part of the project or as additional State expenditure (section 4(3)). Secondly, the State must ensure that the financial assistance received is applied towards the approved project in a manner approved by the Minister and without undue delay (section 4(5)(a)). Thirdly, the Minister has the discretion to approve or disapprove the proposed expenditure of subscribed moneys on a project, taking into account the total amount spent by the State on the project and the proposed State contributions (section 4(2) and (3)). The Act does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, the conditions attached to the financial assistance granted under section 7a suggest that failure to comply with the requirements, such as not applying the funds towards the approved project or not providing the required undertaking, could result in the financial assistance not being granted or being revoked. The Act does not specify the maximum penalties for such breaches, but it implies that the Minister has the authority to enforce compliance with the conditions attached to the financial assistance.