States Grants (Tertiary Education Assistance) Amendment Act (No. 2) 1985

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States Grants (Tertiary Education Assistance) Amendment Act (No. 2) 1985

No. 165 of 1985

 

An Act to amend the States Grants (Tertiary Education Assistance) Act 1984

[Assented to 11 December 1985]

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

Short title, &c.

1. (1) This Act may be cited as the States Grants (Tertiary Education Assistance) Amendment Act (No. 2) 1985.

(2) The States Grants (Tertiary Education Assistance) Act 19841 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation immediately after the States Grants (Nurse Education Transfer Assistance) Act 1985 comes into operation.

Grants for expenditure for university purposes and college purposes

3. Section 5 of the Principal Act is amended by inserting after sub-section (13) the following sub-section:

“(13a) The Minister may determine that an amount (in this sub-section referred to as the ‘relevant amount’) expended by a university for university purposes, or by a college of advanced education for college purposes, in respect


of a year to which this Act applies is an amount of expenditure that, in the opinion of the Minister, represents moneys that were paid to the university or college by a State—

(a) out of moneys granted by the Commonwealth to the State under section 4 of the States Grants (Nurse Education Transfer Assistance) Act 1985; or

(b) out of moneys other than those referred to in paragraph (a) pursuant to an agreement entered into pursuant to sub-section 4 (1) of the States Grants (Nurse Education Transfer Assistance) Act 1985,

and, where the Minister makes such a determination—

(c) the sum of the amounts expended by the university for university purposes, or by the college for college purposes, as the case requires, in respect of that year shall be taken, for the purposes of this section (other than paragraph (3) (d)), to be reduced by an amount equal to the relevant amount; and

(d) the amount specified in any statement furnished under paragraph (3) (d), whether furnished before or after the making by the Minister of a determination under this sub-section, as the amount expended by the university for university purposes, or by the college for college purposes, in respect of that year shall be deemed, for the purposes of sub-sections (6), (7), (8), (9), (10), (11), (12) and (13), to be reduced by an amount equal to the relevant amount.”.

Grants to Northern Territory for recurrent expenditure in respect of courses of advanced education, &c.

4. Section 17 of the Principal Act is amended by inserting after sub-section (7) the following sub-section:

“(7A) The Minister may determine that an amount (in this sub-section referred to as the ‘relevant amount’) expended by the Northern Territory and instrumentalities of the Northern Territory in connection with the provision, in respect of a year to which this Act applies, of courses of advanced education at Northern Territory tertiary education institutions is an amount of expenditure that, in the opinion of the Minister, represents moneys that were paid to the institutions by the Northern Territory and those instrumentalities—

(a) out of moneys granted by the Commonwealth to the Northern Territory under section 4 of the States Grants (Nurse Education Transfer Assistance) Act 1985; or

(b) out of moneys other than those referred to in paragraph (a) pursuant to an agreement entered into pursuant to sub-section 4 (1) of the States Grants (Nurse Education Transfer Assistance) Act 1985,

and, where the Minister makes such a determination—

(c) the sum of the amounts expended by the Northern Territory and those instrumentalities in connection with the provision, in respect of that year, of courses of advanced education at those institutions shall be

taken, for the purposes of this section, to be reduced by an amount equal to the relevant amount; and

(d) the amount specified in any statement furnished under paragraph (2) (c), whether furnished before or after the making by the Minister of a determination under this sub-section, as the amount expended by the Northern Territory and instrumentalities of the Northern Territory, in connection with the provision of courses of education at Northern Territory tertiary education institutions during that year, shall be deemed, for the purposes of sub-sections (4), (5), (6) and (7), to be reduced by an amount equal to the relevant amount.”.

Equipment grants for universities, colleges of advanced education and non-government teachers colleges

5. Section 32 of the Principal Act is amended by adding at the end the following sub-section:

“(10) The Minister may determine that an amount (in this sub-section referred to as the ‘relevant amount’) expended by a university or college of advanced education in connection with an approved proposal or approved proposals for expenditure by the university or college in respect of a year to which this Act applies is an amount of expenditure that, in the opinion of the Minister, represents moneys paid to the university or college by a State

(a) out of moneys granted by the Commonwealth to the State under section 4 of the States Grants (Nurse Education Transfer Assistance) Act 1985; or

(b) out of moneys other than those referred to in paragraph (a) pursuant to an agreement entered into pursuant to sub-section 4 (1) of the States Grants (Nurse Education Transfer Assistance) Act 1985,

and, where the Minister makes such a determination, the sum of the amounts expended by the university or college in connection with the approved proposal or approved proposals for expenditure by the university or college in respect of that year shall be taken, for the purposes of this section, to be reduced by an amount equal to the relevant amount.”.

Equipment grants for Northern Territory tertiary education institutions

6. Section 34 of the Principal Act is amended by adding at the end the following sub-section:

“(6) The Minister may determine, that an amount (in this sub-section referred to as the ‘relevant amount’) expended by a Northern Territory tertiary education institution in connection with an approved proposal or approved proposals for expenditure by the institution in respect of a year to which this Act applies is an amount of expenditure that, in the opinion of the Minister, represents moneys paid to the institution by the Northern Territory—

(a) out of moneys granted by the Commonwealth to the Northern Territory under section 4 of the States Grants (Nurse Education Transfer Assistance) Act 1985; or

(b) out of moneys other than those referred to in paragraph (a) pursuant to an agreement entered into pursuant to sub-section 4 (1) of the States Grants (Nurse Education Transfer Assistance) Act 1985, and, where the Minister makes such a determination, the sum of the amounts expended by the institution in connection with the approved proposal or approved proposals for expenditure by the institution in respect of that year shall be taken, for the purposes of this section, to be reduced by an amount equal to the relevant amount.”.

Conditions attaching to building grants

7. Section 40 of the Principal Act is amended by adding at the end the following sub-section:

“(7) The Minister may determine that an amount (in this sub-section referred to as the ‘relevant amount’) expended by a relevant institution in connection with an approved minor building project in respect of a year to which this Act applies is an amount of expenditure that, in the opinion of the Minister, represents moneys that were paid to the relevant institution by a State—

(a) out of moneys granted by the Commonwealth to the State under section 4 of the States Grants (Nurse Education Transfer Assistance) Act 1985; or

(b) out of moneys other than those referred to in paragraph (a) pursuant to an agreement entered into pursuant to sub-section 4 (1) of the States Grants (Nurse Education Transfer Assistance) Act 1985,

and, where the Minister makes such a determination, the sum of the amounts expended by the relevant institution in connection with the project in respect of that year shall be taken, for the purposes of this section, to be reduced by an amount equal to the relevant amount.”.

 

NOTE

1. No. 127, 1984.

[Minister’s second reading speech made in—

House of Representatives on 20 November 1985

Senate on 3 December 1985]

Overview

The States Grants (Tertiary Education Assistance) Amendment Act (No. 2) 1985 was enacted to amend the States Grants (Tertiary Education Assistance) Act 1984. This legislation was introduced to address the need for adjustments in the allocation and reduction of funds to tertiary education institutions, specifically concerning expenditure on university and college purposes, advanced education courses, and equipment grants. The Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, with the primary policy objective being to ensure a more accurate reflection of expenditures by educational institutions when Commonwealth funds are involved. This Act came into operation immediately after the States Grants (Nurse Education Transfer Assistance) Act 1985.

Scope and Application

The States Grants (Tertiary Education Assistance) Amendment Act (No. 2) 1985 amends the States Grants (Tertiary Education Assistance) Act 1984 by providing additional flexibility in the administration of grants for tertiary education. This Act applies to universities, colleges of advanced education, non-government teachers colleges, and Northern Territory tertiary education institutions, allowing the Minister to determine if expenditures by these institutions represent moneys paid by a State or the Northern Territory out of Commonwealth grants or other agreements under the States Grants (Nurse Education Transfer Assistance) Act 1985. When such a determination is made, the relevant expenditures are reduced accordingly. The Act extends its jurisdiction across the Commonwealth of Australia and does not specify any exclusions or exemptions. The application and scope of the Act may be further defined or extended through subordinate instruments, as authorised by the principal Act.

Key Provisions

The States Grants (Tertiary Education Assistance) Amendment Act (No. 2) 1985 introduces amendments to the States Grants (Tertiary Education Assistance) Act 1984. The key amendments revolve around the reduction of grants for certain expenditures. Section 5(13a) (sub-section 13a of section 5) allows the Minister to determine that expenditure by a university or college of advanced education, if it represents moneys granted by the Commonwealth to a State under the States Grants (Nurse Education Transfer Assistance) Act 1985, should be reduced for grant purposes. Similarly, Section 17(7A) (sub-section 7A of section 17) pertains to expenditure by the Northern Territory and its instrumentalities on advanced education courses, allowing for a reduction if the expenditure represents moneys granted by the Commonwealth to the Northern Territory under the same Nurse Education Transfer Assistance Act. Section 32(10) (sub-section 10 of section 32) and Section 34(6) (sub-section 6 of section 34) deal with equipment grants for universities, colleges of advanced education, and Northern Territory tertiary education institutions, respectively, with similar provisions for reductions if the expenditure represents moneys granted by the Commonwealth. These provisions impose obligations on the relevant institutions to report expenditure accurately and on the Minister to make determinations regarding the reduction of grants based on these expenditures. The Act does not explicitly state any specific offences, penalties, or consequences for breaches; however, the failure to comply with the Act's requirements could potentially lead to the denial or reduction of grants. Given the nature of the amendments, the primary consequence for non-compliance would likely be financial, in the form of reduced grant allocations.

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