States Grants (Advanced Education Assistance) Act 1976

STATES GRANTS (ADVANCED EDUCATION ASSISTANCE) ACT 1976

No. 130 of 1976

An Act to make Provision for the Grant of Financial Assistance to the States in connexion with Colleges of Advanced Education.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the States Grants (Advanced Education Assistance) Act 1976.

Commencement.

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

Interpretation.

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

“approved project” means a work or other matter in respect of a college of advanced education, being a work or other matter—

(a) specified in column 2 of Part I of Schedule 3 in relation to the name of that college in column 1 of that Part of that Schedule; or

(b) approved by the Minister under sub-section 4(1), to the extent to which particulars of that work or other matter have been approved under section 5;

“capital expenditure” means—

(a) expenditure on the purchase of land, with or without buildings, the planning, erection, alteration or extension of a building, the development or preparation of land for building or other purposes or the installation of water, electricity or other services; and

(b) expenditure exceeding $2,000 for the purchase of, or otherwise connected with, a single item of equipment;

“college of advanced education” means a place of education or body specified in column 1 of Part I of Schedule 1;

“college purposes”, in relation to a college of advanced education, means the general teaching purposes of that college in connexion with courses of study, and programs of continuing education, at that college approved by the Commission under section 5, including external tuition for those courses of study and those programs of continuing education and planning and other preparatory work in connexion with proposed courses of study and proposed programs of continuing education approved by the Commission under that section;

“Commission” means the Commission on Advanced Education referred to in the Commission on Advanced Education Act 1971;

“fees” means tuition, examination and other fees payable by a student enrolled at, or applying for enrolment at, a college of advanced education in connexion with a course of study at the college approved by the Commission under section 5, and includes fees payable by a student to a college of advanced education in respect of the conferring of a degree, diploma, certificate or other award in respect of such a course of study, but does not include—

(a) fees the payment of which is voluntary;

(b) fees payable to an organization of students;

(c) fees in respect of residential accommodation; and

(d) fees in respect of tuition provided under a program of continuing education approved under paragraph 5 (1) (b);

“place of education” includes a place of education that is proposed to be established;

“qualified accountant” means, in relation to the furnishing of a statement referred to in paragraph 9(c)—

(a) a person who is registered as a company auditor or public accountant under the law of a State or Territory;

(b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or

(c) a person approved by the Commission as a person competent to furnish such a statement;

“recurrent expenditure” means expenditure that is not capital expenditure.

(2) Where the Minister is satisfied that a place of education or a body that is known by a name other than a name specified in this Act is—

(a) substantially identical with a college of advanced education, being a place of education or body specified in column 1 of Schedule 1; or

(b) in relation to courses of study, or to works or other matters specified in column 2 of Part I of Schedule 3, the successor of such a college of advanced education,

the Minister may, in his discretion and with the approval of the State in which the first-mentioned place of education or body is situated, by instrument in writing, declare that he is so satisfied, and, upon, the making of such a declaration, that place of education or body shall, for the purpose of this Act, be deemed to be the college of advanced education referred to in the declaration.

Approvals of projects.

4. (1) For the purpose of this Act, the Minister may approve, in respect of a college of advanced education, a work or other matter, additional to the works or matters (if any) specified in column 2 of Part I of Schedule 3 in relation to that college, and the estimated cost of the work or matter so approved, and may revoke or vary any such approval.

(2) As soon as practicable after the Minister has approved a work or matter in pursuance of sub-section (1), he shall cause a statement specifying the work or matter and the approved estimated cost of the work or matter to be laid before each House of the Parliament.

Approvals in respect of courses and works.

5. (1) For the purposes of this Act, the Commission may—

(a) approve courses of study and proposed courses of study in respect of a college of advanced education;

(b) approve programs of continuing education in respect of a college of advanced education;

(c) approve, in respect of a college of advanced education referred to in column 1 of Part I of Schedule 3, particulars of a work or other matter specified in column 2 of Part I of that Schedule in relation to that college; and

(d) approve particulars of a work or other matter approved by the Minister under sub-section 4(1) in respect of a college of advanced education,

and may revoke or vary any such approval.

(2) Where a work or other matter—

(a) specified in column 2 of Part I of Schedule 3; or

(b) approved by the Minister under sub-section 4(1),

consists of, or includes, the erection, alteration or extension of a building, that work or matter shall be deemed to include the provision of furnishings and equipment for that building, or for the altered parts or extensions of that building, as the case may be.

Grants for recurrent expenditure.

6. (1) Subject to this section, in relation to a college of advanced education specified in column 1 of Part I of Schedule 1, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to recurrent expenditure of the college in respect of the year 1977 for college purposes—

(a) if a determination is in force under sub-section (2) specifying an amount to be an amount payable under this section to the State in relation to recurrent expenditure of the college in respect of that year for college purposes—the amount so specified; or

(b) in any other case—the maximum amount available in relation to recurrent expenditure of the college in respect of that year for college purposes.

(2) Where a State requests that the maximum amount available in relation to recurrent expenditure of a college of advanced education in respect of the year 1977 for college purposes be increased or reduced—

(a) the Minister may, in his discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less than the maximum amount available in relation to that recurrent expenditure, is to be the amount payable to the State in relation to that expenditure; or

(b) if there is no determination by the Minister in force under paragraph (a) in relation to a college of advanced education—the Commission may, in its discretion, determine that an amount specified in the determination, being an amount that is greater or less by not more than $200,000 than the maximum amount available in relation to that recurrent expenditure, is to be the amount payable to the State in relation to that expenditure.

(3) If, after the Commission has made a determination under paragraph (2)(b) in relation to a college of advanced education, the Minister makes a determination under paragraph (2)(a) in relation to the college, the determination made by the Commission ceases to have effect.

(4) The sum of the amounts payable under this section to a State in relation to colleges of advanced education for the purpose of financial assistance in relation to the recurrent expenditure of those colleges in respect of the year 1977 for college purposes shall not exceed the sum of the maximum amounts available in relation to that recurrent expenditure and the amount specified in Part II of Schedule 1 in relation to the State in respect of that year.

(5) The financial assistance to a State under this section in relation to a college of advanced education is granted on the conditions that—

(a) the State will, in respect of each payment of that financial assistance and without undue delay, ensure that the amount of the payment is applied in expenditure by way of recurrent expenditure of that college in respect of the year 1977 for college purposes; and

(b) the State will ensure that no college of advanced education situated in the State charges fees in respect of the year 1977 or any part of that year.

(6) As soon as practicable after the Commission has made a determination under sub-section (2), the Commission shall furnish to the Minister particulars of the determination.

(7) As soon as practicable after the Minister has made a determination under sub-section (2) or has been furnished under sub-section (6) with particulars of a determination made by the Commission under sub-section (2), the Minister shall cause a statement setting out particulars of the determination to be laid before each House of the Parliament.

(8) For the purposes of this section, the maximum amount available in relation to recurrent expenditure of a college of advanced education in respect of the year 1977 for college purposes is an amount equal to the amount specified in column 2 of Part I of Schedule 1 opposite to the name of that college in column 1 of that Part of that Schedule.

(9) Where the amount payable to a State under section 6 of the States Grants (Advanced Education) Act 1976 in relation to recurrent expenditure of a college of advanced education in respect of the year 1976 for college purposes within the meaning of that Act exceeds the amounts expended by that college in respect of that year for those purposes, the Minister may, at the request of the State in which that college is situated, being a request made not later than 30 June 1977, determine that the amount specified opposite to the name of that college in column 2 of Part I of Schedule 1 be increased by an amount specified in the determination, being an amount not exceeding the amount of the excess, and this Act shall, upon the making of the determination, have effect as if that increased amount were substituted for the amount so specified.

(10) Where the total amount payable to a State under section 6 of the States Grants (Advanced Education) Act 1976 in relation to the recurrent expenditure of all the colleges of advanced education in the State in respect of the year 1976 for college purposes within the meaning of that Act exceeds the sum of the amounts expended by all the colleges in that State in respect of recurrent expenditure in respect of that year for those purposes and of the amounts (if any) by which amounts specified in column 2 of Part I of Schedule 1 have been increased under sub-section (9), the Minister may, at the request of the State, being a request made not later than 30 June 1977, determine that the amount specified in relation to that State in column 2 of Part II of that Schedule be increased by an amount not exceeding the amount of the excess and this Act shall, upon the making of the determination, have effect as if that increased amount were substituted for the amount so specified.

(11) The Minister shall not, after he has made a determination under sub-section (10), make a determination, or a further determination, under sub-section (9).

(12) An amount equal to the amount (if any) by which the sum of the amounts paid to a State for the purpose of financial assistance in relation to recurrent expenditure of a college of advanced education for college purposes in respect of the year 1976 exceeds the sum of the amounts of recurrent expenditure of the college in respect of that year for college purposes shall be deemed to have been paid to the State under this Act for the purpose of financial assistance in relation to recurrent expenditure of the college in respect of the year 1977 for college purposes and that first-mentioned sum shall be deemed to have been reduced by an amount equal to the excess.

Recurrent grants in respect of student residences and affiliated colleges.

7. (1) There is payable to each State, in respect of the year 1977, for the purpose of financial assistance in relation to student residences and affiliated colleges of colleges of advanced education in the State, amounts determined in accordance with the provisions of Schedule 2.

(2) The financial assistance to a State by way of payment of an amount under this section in relation to a student residence or affiliated college of a college of advanced education is granted on the conditions that—

(a) in the case of the payment of an amount in relation to a student residence or student residences—the State will ensure that the amount is applied for meeting administrative costs of that student residence or those student residences in respect of the year 1977; or

(b) in the case of the payment of an amount in relation to an affiliated college—

(i) the State will, without undue delay, pay that amount to the body administering the affiliated college; and

(ii) the State will ensure that the amount so paid by the State is applied in meeting administrative costs of the affiliated college in respect of the year 1977.

(3) For the purposes of Schedule 2, the number of resident full-time students at a student residence or affiliated college in the year 1977 is the number that is the average of the maximum number of such students during the several terms of that year.

(4) This section does not apply in relation to a student residence or affiliated college that does not provide collegiate accommodation, and, for the purpose of this section and of Schedule 2, no account shall be taken of resident full-time students occupying non-collegiate accommodation.

(5) In this section and in Schedule 2—

“affiliated college”, in relation to a college of advanced education, means a residential college (not being a student residence) affiliated with the college of advanced education and approved by the Commission, for the purpose of this Act, as an affiliated college;

“collegiate accommodation” means residential accommodation (including related facilities) for students of a college of advanced education, being accommodation that, having regard to the facilities and services provided for the students, is, in the opinion of the Commission, of a collegiate nature;

“full-time student” means a student who is pursuing, at a college of advanced education or at a university, a course of study that the Commission is satisfied is such as would reasonably require full-time study;

“non-collegiate accommodation” means residential accommodation (including related facilities) for students of a college of advanced education, other than collegiate accommodation;

“resident full-time student”, in relation to a student residence or an affiliated college, means a full-time student who—

(a) is a resident of the student residence or affiliated college; and

(b) in the case of a student of a college of advanced education—is pursuing a course of study approved by the Commission under paragraph 5(1)(a);

“student residence”, in relation to a college of advanced education, means a hall, college or other establishment at which any students of the college reside, being an establishment—

(a) administered by—

(i) the college or the body administering the college; or

(ii) a body established by the college or by the body administering the college; and

(b) approved by the Commission, for the purposes of this Act, as a student residence;

“term” includes a semester and any other period into which an academic year is divided;

“university” has the same meaning as in the States Grants (Universities Assistance) Act 1976.

Grants for capital expenditure on college building projects, &c.

8. (1) Subject to this section, in relation to each college of advanced education specified in column 1 of Part I of Schedule 3, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to a work or other matter specified in column 2 of that Part of that Schedule, such amount (if any) as the Commission approves, but not exceeding—

(a) if a determination is in force under sub-section (2) specifying an amount to be the maximum amount payable under this section to the State in respect of the work or matter—the amount so specified; or

(b) in any other case—the amount specified in column 3 of that Part of that Schedule opposite to the description of the work or matter in column 2.

(2) If a State requests that the maximum amount payable under this section to the State in respect of a work or other matter specified in respect of a college of advanced education in column 2 of Part I of Schedule 3 be increased or reduced—

(a) the Minister may, in his discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less than the amount specified in column 3 of Part I of that Schedule opposite to the description of the work or matter in column 2 is to be the maximum amount payable to the State in respect to the work or matter; or

(b) if there is no determination by the Minister in force under paragraph (a) in respect of the work or matter—the Commission may, in its discretion, determine that an amount specified in the determination, being an amount that is greater or less by not more than $200,000 than the amount specified in column 3 of that Part of that Schedule opposite to the description of the work or matter in column 2, is to be the maximum amount payable to the State in respect of the work or matter.

(3) If, after the Commission has made a determination under paragraph (2)(b) in relation to a work or matter, the Minister makes a determination under paragraph (2)(a) in relation to the work or matter, the determination of the Commission ceases to have effect.

(4) Subject to sub-section (5), where the Minister approves a work or other matter in respect of a college of advanced education under sub-section 4(1), there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the work or other matter, such amounts (if any) as the Commission approves, but not exceeding the amount approved by the Minister under that sub-section as the estimated cost of that work or other matter.

(5) The sum of the amounts payable to a State under sub-section (4) shall not exceed—

(a) if a determination is in force under sub-section (6) specifying an amount to be the maximum amount payable under sub-section (4) to the State in respect of works and other matters referred to in that sub-section—the amount so specified; or

(b) in any other case—the amount specified in column 2 of Part II of Schedule 3 in relation to the State.

(6) At the request of a State—

(a) the Minister may, in his discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less than the amount specified in relation to the State in column 2 of Part II of Schedule 3, is to be the maximum amount payable under sub-section (4) to the State in respect of works or other matters referred to in that sub-section; or

(b) if there is no determination by the Minister in force under paragraph (a) in respect of a State—the Commission may, in its discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less by not more than $200,000 than the amount specified in relation to the State in column 2 of Part II of Schedule 3 is to be the maximum amount payable under sub-section (4) to the State in respect of works or matters referred to in that sub-section.

(7) If, after the Commission has made a determination under paragraph (6)(b) in respect of a State, the Minister makes a determination under paragraph (6)(a) in respect of the State, the determination of the Commission ceases to have effect.

(8) The sum of the amounts payable to a State under sub-sections (1) and (4) in relation to colleges of advanced education situated in the State shall not exceed the amount specified, in relation to the State, in column 2 of Part III of Schedule 3.

(9) The financial assistance to a State under sub-section (1) or (4) in respect of an approved project is granted on the condition that the State will, in respect of each payment of that financial assistance and without undue delay, ensure that the amount of the payment is applied towards the carrying out of the approved project in a manner approved by the Commission.

(10) As soon as practicable after the Commission has made a determination under sub-section (2) or (6), the Commission shall furnish to the Minister particulars of the determination.

(11) As soon as practicable after the Minister has made a determination under sub-section (2) or (6), or has been furnished under sub-section (10) with particulars of a determination made by the Commission under sub-section (2) or (6), the Minister shall cause a statement setting out particulars of the determination to be laid before each House of the Parliament.

Additional conditions.

9. In addition to conditions specified in any other provision of this Act, an amount of financial assistance to a State under this Act is granted on the conditions that—

(a) if the Minister 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, or such part of that amount as the Minister specifies, to the Commonwealth;

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

(c) in the case of an amount of financial assistance that is paid by the State to a body, being a college of advanced education or a body administering a college of advanced education, a student residence or an affiliated college—the State will ensure that that body furnishes to the Commission, not later than 9 months after the end of the year in which the payment is made by the State, a statement in writing signed by the Auditor-General of the State or by a qualified accountant to the effect that he has satisfied himself that the amount has been applied in accordance with this Act;

(d) in the case of an amount of financial assistance that is paid by a State to a body, being a college of advanced education or a body administering a college of advanced education, a student residence or an affiliated college, in respect of an approved project under section 8—

(i) the work or other matter constituting the project will be carried out in accordance with particulars of that work or matter approved under section 5; and

(ii) the State will ensure that, if the Commission so requests the body, there will be furnished to the Commission by the body, as soon as practicable after such date as the Commission specifies, such particulars as are specified by the Commission concerning the progress or expected progress of the work or matter constituting the project; and

(e) in the case of an amount of financial assistance that is paid by a State to a body, being a college of advanced education or a body administering a college of advanced education, a student residence or an affiliated college, under section 6 or 7—the State will ensure that, if the Commission so requests the body, there will be furnished to the Commission by the body, as soon as practicable after such date as the Commission specifies, such particulars as are specified by the Commission concerning the expenditure incurred, or expected to be incurred, by the body, in respect of the year 1977, for a purpose specified by the Commission, being a purpose for which moneys paid by the State to the body in accordance with that section may be applied.

Minister may fix amounts, and times of payments, of financial assistance.

10. Financial assistance payable to a State under this Act shall be paid in such amounts, and at such times, as the Minister determines in accordance with arrangements approved by the Treasurer.

Progress reports.

11. The Commission shall furnish to the Minister, at such times as the Minister requests, such reports as the Minister requires on the progress made and the progress proposed to be made in the carrying out of approved projects or on any other matter relevant to the operation of this Act.

Delegation by the Minister.

12. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the Commission or to a full-time member of the Commission any of his powers under this Act, other than this power of delegation.

(2) A power so delegated and exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

Advances.

13. The Minister and the Treasurer may make arrangements for the making by the Treasurer to a State, by way of financial assistance to the State, of advances on account of an amount that is expected to become payable under section 7 to the State, and the conditions that would be applicable to a payment of the amount under that section are applicable to any such advance.

Payments may be made out of Consolidated Revenue Fund or Loan Fund.

14. Payments (including an advance under section 13) to a State under this Act may be made out of—

(a) in the case of payments in accordance with section 8—the Consolidated Revenue Fund or the Loan Fund; or

(b) in any other case—the Consolidated Revenue Fund.

Authority to borrow.

15. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts payable to the States in accordance with section 8.

Application of moneys borrowed.

16. Moneys borrowed under section 15 shall be issued and applied only for the expenses of borrowing, for the purpose of making payments to the States in accordance with section 8 and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 17.

Re-imbursement of Consolidated Revenue Fund from Loan Fund.

17. (1) Where an amount has been paid out of the Consolidated Revenue Fund in accordance with section 8, the Treasurer may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(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 Audit Act 1901, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

Appropriation.

18. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

SCHEDULE 1 Section 6

PART I—GRANTS FOR RECURRENT EXPENDITURE BY SPECIFIED COLLEGES

SCHEDULE 1—continued

PART II—GRANTS FOR RECURRENT EXPENDITURE BY ALL OR ANY COLLEGES

SCHEDULE 2 Section 7

METHOD OF ASCERTAINING GRANT FOR 1977 IN RESPECT OF A STUDENT RESIDENCE OR AN AFFILIATED COLLEGE

1. In relation to each college of advanced education providing collegiate accommodation at a student residence or at student residences, there is payable under section 7 (1) to the State in which the college of advanced education is situated, in respect of the year 1977—

(a) an amount equal to the sum of $8,231 and the amount ascertained by multiplying $128 by the number of resident full-time students at that student residence, or those student residences, as the case may be; or

(b) an amount ascertained by multiplying $291 by the number of resident full-time students at that student residence, or those student residences, as the case may be,

whichever is the lesser amount.

2. In relation to each affiliated college of advanced education, there is payable under sub-section 7 (1) to the State in which the college of advanced education is situated an amount ascertained by multiplying the basic grant in respect of that affiliated college by the number of resident full-time students at that affiliated college.

3. For the purpose of paragraph 2, the basic grant in respect of an affiliated college is—

(a) if the number of resident full-time students at the college is less than 50—$291;

(b) if the number of resident full-time students at the college is more than 49 but less than 75—$291 reduced by $2.20 for each student by which that number of students exceeds 50;

(c) if the number of resident full-time students at the college is more than 74 but less than 100—$236 reduced by $1.10 for each student by which that number of students exceeds 75;

(d) if the number of resident full-time students at the college is more than 99—$209 reduced by $0.18 for each student by which that number of students exceeds 100.

4. Where a student residence or affiliated college or a part of such a residence or college was not in use during the whole of the academic year comprised in the year 1977, the Commission may determine that an amount payable under sub-section 7 (1) in respect of that year in relation to that residence or college shall be such part only of the amount that would otherwise be payable as the Commission thinks appropriate.

SCHEDULE 3 Section 8

PART I—GRANTS FOR APPROVED PROJECTS

SCHEDULE 3—continued

SCHEDULE 3—continued

SCHEDULE 3—continued

SCHEDULE 3—continued

SCHEDULE 3—continued

PART II—GRANTS FOR ALL OR ANY COLLEGES AND ADDITIONAL PROJECTS APPROVED BY THE MINISTER

PART III—MAXIMUM GRANTS FOR ALL APPROVED PROJECTS