States Grants (TAFE Assistance) Amendment Act 1990

Overview

The States Grants (TAFE Assistance) Amendment Act 1990 (C2004A04051) was enacted to amend the States Grants (TAFE Assistance) Act 1989, addressing the need for updated provisions related to grants for Technical and Further Education (TAFE) institutions. Enacted by the Queen, with the assent of the Senate and the House of Representatives of the Commonwealth of Australia, the Act aims to adjust specific financial allocations and conditions related to TAFE assistance for the program years 1990 and 1991. The primary objective of the Act is to ensure that the financial support provided to TAFE institutions aligns with the budgetary and operational requirements for these particular years. The Act introduces modifications to the Principal Act, including changes to the definitions, arrangements with states, grants for recurrent expenditure, conditions of grants, and approval of capital expenditure proposals, to cater to the evolving needs of TAFE institutions during the specified program years.

Scope and Application

The States Grants (TAFE Assistance) Amendment Act 1990 amends the States Grants (TAFE Assistance) Act 1989 to adjust provisions relating to the allocation of Commonwealth grants to technical and further education (TAFE) institutions for the years 1990 and 1991. The Act applies to the Commonwealth of Australia and the states and territories within it, specifically to the TAFE institutions that receive funding under the Principal Act. The geographic reach of the Act is national, encompassing all states and territories within Australia, thereby affecting TAFE institutions across the country. The Act introduces specific amendments to the allocation of grants for recurrent expenditure and capital expenditure, setting out new limits and conditions for these grants for the designated program years. The Act does not specify any exclusions or exemptions from its application, and while it amends the Principal Act, it does not itself extend or restrict application through subordinate instruments. Instead, it modifies specific sections of the Principal Act to reflect the changes in funding and conditions for the years 1990 and 1991.

Key Provisions

The States Grants (TAFE Assistance) Amendment Act 1990 primarily revises the States Grants (TAFE Assistance) Act 1989 by introducing new definitions and modifying various sections to apply to the years 1990 and 1991. The Act begins by defining "program year" to mean the calendar years 1990 or 1991 (section 3). It then adjusts the arrangements with states (section 4), grants for recurrent expenditure (section 5), and conditions of grants (section 6) to align with these program years. Additionally, it revises the approval of capital expenditure proposals (section 7) and approved expenditure in relation to approved capital expenditure proposals (section 8), and amends the conditions of grants accordingly (section 9). Under this Act, several obligations and requirements are imposed on the parties it governs. Firstly, the amendments require that any agreements with states must be made within the context of the specified program years (section 4). Secondly, the total amount of grants for recurrent expenditure is limited to specific amounts for each program year: $140,250,000 for 1990 and $149,299,000 for 1991 (section 5(3)). Thirdly, the conditions of grants are adjusted to reflect the new program years, ensuring that all conditions and approvals align with these years (sections 6 and 9). Additionally, capital expenditure proposals must be approved under the terms of this Act, and the total expenditure approved must not exceed the set limits for each program year (section 8(3)). The Act does not explicitly state any new offences, penalties, or consequences for breach within its text. However, any breach of the conditions set out in the amended sections could potentially lead to legal repercussions under the broader framework of the Principal Act, the States Grants (TAFE Assistance) Act 1989. The penalties for non-compliance with the terms and conditions of grants under the Principal Act could include the recovery of funds, administrative actions, or other legal remedies as deemed appropriate by the Minister. It is essential for the parties governed by this Act to adhere strictly to the stipulated conditions and limits to avoid any adverse consequences.