States Grants (Tertiary Education Assistance) Amendment Act (No. 3) 1986

States Grants (Tertiary Education Assistance) Amendment Act (No. 3) 1986

No. 165 of 1986

TABLE OF PROVISIONS

Section

1. Short title, &c.

2. Commencement

3. Interpretation

4. New teaching developments

5. Estimate of relevant enrolments

6. Calculation of amounts of reductions

7. Adjustments where estimated enrolments not equal to actual enrolments

8. Grants for expenditure for university purposes and college purposes

9. Grants for recurrent expenditure of technical and further education institutions

10. Promotion of equality of opportunity

11. Recurrent grants may be increased to assist institutions in promoting greater participation of Aboriginals in tertiary education

12. Special assistance for students

13. Key centres of teaching and research

14. Recurrent grants may be increased to assist institutions in meeting certain superannuation expenses

15. Recurrent grants in respect of student residences and affiliated colleges

16. Special research centres

17. Insertion of new section—

15a. Grants for expenditure in connection with the provision of courses of advanced education in institutes of tertiary education

18. Interpretation

19. Grants for special courses

20. Grants for special services

21. Quality improvement grants

22. Management grants

23. Insertion of new section—

23a. Traineeship grants

TABLE OF PROVISIONS—continued

Section

24. Conditions attaching to grants for technical and further education

25. Variations of amounts specified in certain Schedules relating to recurrent expenditure for universities and advanced education

26. Equipment grants for technical and further education

27. Approvals by Minister

28. Grants for approved courses provided by non-government business colleges

29. Additional conditions, &c.

30. Repeal and substitution of Schedules

31. Payments made before Royal Assent

SCHEDULE

NEW SCHEDULES 1 TO 23 (INCLUSIVE) TO THE PRINCIPAL ACT

States Grants (Tertiary Education Assistance) Amendment Act (No. 3) 1986

No. 165 of 1986

An Act to amend the States Grants (Tertiary Education Assistance) Act 1984, and for related purposes

[Assented to 18 December 1986]

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. 3) 1986.

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

Commencement

2. (1) Sub-section 27 (1) shall be deemed to have come into operation on 11 December 1985.

(2) Subject to sub-section (3), the remaining provisions of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(3) If the States Grants (Tertiary Education Assistance) Amendment Act (No. 2) 1986 comes into operation after this Act receives the Royal Assent, sections 5, 6 and 7 of this Act shall come into operation immediately after that Act comes into operation.

Interpretation

3. Section 3 of the Principal Act is amended by inserting “an institute of tertiary education,” after “relevant institution is” in paragraph (e) of the definition of “fees” in sub-section (1).

New teaching developments

4. Section 4 of the Principal Act is amended—

(a) by inserting in paragraph (6) (b) “or an institute of tertiary education” after “education” (second occurring);

(b) by inserting in paragraph (7) (b) “or institute of tertiary education” after “education”; and

(c) by inserting after paragraph (b) of the definition of “relevant tertiary education institution” in sub-section (9) the following paragraph:

“(ba) an institute of tertiary education that is situated in a State and at which courses of advanced education are provided;”.

Estimate of relevant enrolments

5. Section 4a of the Principal Act is amended by inserting in paragraph (1) (a) “15a,” after “5,”.

Calculation of amounts of reductions

6. Section 4b of the Principal Act is amended by inserting in sub-section (1) “15a (1),” after “5 (1) or (2),”.

Adjustments where estimated enrolments not equal to actual enrolments

7. Section 4c of the Principal Act is amended by inserting in sub-section (4) “15a (1),” after “5 (1) or (2),”.

Grants for expenditure for university purposes and college purposes

8. Section 5 of the Principal Act is amended by omitting sub-paragraph (3) (d) (i) and substituting the following sub-paragraph:

“(i) certifying—

(a) whether the auditor is satisfied that the prescribed staff of the university or college comprising each category or class of persons in respect of which the Academic Salaries Tribunal has, in a report or reports of that Tribunal, recommended a rate of salary, or a scale of rates of salary, applicable to that year or to a part of that year have been paid salary, in

respect of that year or that part of that year, in accordance with those recommendations; and

(b) whether the auditor is satisfied that the prescribed staff of the university or college comprising each category or class of persons in respect of which the Australian Conciliation and Arbitration Commission has, in an award or awards of that Commission, established a rate of salary, or a scale of rates of salary, applicable to that year or to a part of that year have been paid salary, in respect of that year or that part of that year, in accordance with that award or those awards; and”.

Grants for recurrent expenditure of technical and further education institutions

9. Section 6 of the Principal Act is amended by omitting sub-section (3).

Promotion of equality of opportunity

10. Section 7 of the Principal act is amended—

(a) by omitting from paragraph (5) (b) “$1,155,000” and substituting “$1,166,000”;

(b) by omitting from paragraph (5) (c) “$1,150,000” and substituting “$1,183,000”;

(c) by omitting from sub-section (6) “or college of advanced education” and substituting “, college of advanced education or institute of tertiary education”;

(d) by omitting from paragraphs (6) (a), (b) and (c) “or college” (wherever occurring) and substituting “, college or institute”;

(e) by omitting from sub-section (7) “or college of advanced education” and substituting “, college of advanced education or institute of tertiary education”;

(f) by omitting “or” (last occurring) from paragraph (b) of the definition of “body” in sub-section (8);

(g) by inserting after paragraph (b) of the definition of “body” in sub-section (8) the following paragraph:

“(ba) an institute of tertiary education or the body administering an institute of tertiary education; or”; and.

(h) by inserting after paragraph (b) of the definition of “prescribed institution” in sub-section (8) the following paragraph:

“(ba) an institute of tertiary education that is situated in a State and at which courses of advanced education are provided;”.

Recurrent grants may be increased to assist institutions in promoting greater participation of Aboriginals in tertiary education

11. Section 8 of the Principal Act is amended—

(a) by inserting after paragraph (2) (b) the following paragraph:

“(ba) in a case where the amount is determined in relation to an institute of tertiary education—there shall be deemed to have been specified (as from 1 January in that year), in substitution for the amount specified in Schedule 6a in relation to the institute and to that year, the amount so specified as increased by an amount equal to the amount of the approved expenditure in relation to the prescribed institution in respect of that year;”;

(b) by omitting from paragraph (3) (c) “$3,877,000” and substituting “$5,228,000”; and

(c) by inserting after paragraph (b) of the definition of “prescribed institution” in sub-section (4) the following paragraph:

“(ba) an institute of tertiary education that is situated in a State and at which courses of advanced education are provided;”.

Special assistance for students

12. Section 9 of the Principal Act is amended—

(a) by inserting in sub-section (1) “, institute of tertiary education” after “education”;

(b) by omitting from sub-section (1) “or college” (wherever occurring) and substituting “, college or institute”;

(c) by inserting after sub-section (1) the following sub-sections:

“(1a) Subject to sub-section (2), there is payable to a State, for the purposes of financial assistance in relation to expenditure by the State and instrumentalities of the State in providing, in a year to which this Act applies, financial assistance to students at a technical and further education institution situated in the State, in respect of a year to which this Act applies, such amount as the Minister determines to be the amount of financial assistance that is payable in respect of the institution in respect of that year.

“(1b) Subject to sub-section (2), there is payable to the Northern Territory, for the purposes of financial assistance in relation to expenditure by the Northern Territory and instrumentalities of the Northern Territory in providing, in a year to which this Act applies, financial assistance to students at a Northern Territory tertiary education institution, in respect of a year to which this Act applies, such amount as the Minister determines to be the amount of financial assistance that is payable in respect of the institution in respect of that year.”;

(d) by omitting from sub-section (2) “sub-section (1)” and substituting “sub-sections (1), (1a) and (1b)”;

(e) by omitting from sub-section (2) “$11,133,500” and substituting “$11,277,500”;

(f) by omitting from sub-section (3) “or college of advanced education” and substituting “, college of advanced education or institute of tertiary education”;

(g) by omitting from paragraphs (3) (a), (b), (c), (d) and (e) “or college” (wherever occurring) and substituting “, college or institute”;

(h) by inserting in paragraph (3) (c) “in that year” after “expenditure”;

(j) by inserting after sub-section (3) the following sub-sections:

“(3a) Financial assistance is granted to a State under sub-section (1a) in relation to a technical and further education institution in respect of a year to which this Act applies on the conditions that—

(a) the State will ensure that the sum of the amounts expended in that year by the State and instrumentalities of the State in connection with the provision, out of moneys paid to the State under this section in relation to the institution, of financial assistance to students at the institution is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the institution in respect of that year;

(b) the State will furnish to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with the approved form, as to the expenditure in that year by the State instrumentalities of the State in connection with the provision, out of moneys paid to the State under this section in relation to the institution, of financial assistance to students at the institution;

(c) the State will ensure that the State and instrumentalities of the State, in providing, out of moneys paid to the State under this section in relation to the institution, financial assistance to students at the institution, comply with any guidelines determined by the Minister for the purposes of this section; and

(d) the State will furnish to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires from the State in respect of the provision by the State and instrumentalities of the State of financial assistance to students at the institution in that year.

“(3b) Financial assistance is granted to the Northern Territory under sub-section (1b) in relation to a Northern Territory tertiary

education institution in respect of a year to which this Act applies on the conditions that—

(a) the Northern Territory will ensure that the sum of the amounts expended in that year by the Northern Territory and instrumentalities of the Northern Territory, in connection with the provision, out of moneys paid to the Northern Territory under this section in relation to the institution, of financial assistance to students at the institution is not less than the sum of the amounts of financial assistance paid to the Northern Territory under this section in relation to the institution in respect of that year;

(b) the Northern Territory will furnish to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with the approved form, as to the expenditure in that year by the Northern Territory and instrumentalities of the Northern Territory in connection with the provision, out of moneys paid to the Northern Territory under this section in relation to the institution, of financial assistance to students at the institution;

(c) the Northern Territory will ensure that the Northern Territory and instrumentalities of the Northern Territory, in providing, out of moneys paid to the Northern Territory under this section in relation to the institution, financial assistance to students at the institution, comply with any guidelines determined by the Minister for the purposes of this section; and

(d) the Northern Territory will furnish to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires from the Northern Territory in respect of the provision by the Northern Territory and instrumentalities of the Northern Territory of financial assistance to students at the institution in that year.”;

(k) by inserting in paragraph (6) (a) “, institute of tertiary education” after “education”;

(m) by omitting from paragraphs (6) (a), (b), (c) and (d) “or college” (wherever occurring) and substituting “, college or institute”;

(n) by inserting after sub-section (6) the following sub-sections:

“(6a) Where—

(a) a State or an instrumentality of a State provides financial assistance for a student at a technical and further education institution out of moneys paid to the State in respect of the institution under this section; and

(b) the student repays to the State or instrumentality, in a year to which this Act applies, an amount (including any amount by way of interest) in respect of that financial assistance,

then, for the purposes of this Act, an amount equal to the amount referred to in paragraph (b) shall be deemed to have been paid to the State under this section as financial assistance in relation to the institution in respect of that year.

“(6b) Where—

(a) the Northern Territory or an instrumentality of the Northern Territory provides financial assistance for a student at a Northern Territory tertiary education institution out of moneys paid to the Northern Territory in respect of the institution under this section; and

(b) the student repays to the Northern Territory or the instrumentality, in a year to which this Act applies, an amount (including any amount by way of interest) in respect of that financial assistance,

then, for the purposes of this Act, an amount equal to the amount referred to in paragraph (b) shall be deemed to have been paid to the Northern Territory under this section as financial assistance in relation to the institution in respect of that year.”;

(o) by inserting in paragraph (7) (a) “, institute of tertiary education” after “education”;

(p) by omitting from paragraphs (7) (a), (b), (c), (d) and (e) “or college” (wherever occurring) and substituting “, college or institute”;

(q) by inserting after sub-section (7) the following sub-sections:

“(7a) Where—

(a) the sum of the amounts of financial assistance paid to a State under this section in relation to a technical and further education institution in respect of the year 1986 exceeds the sum of the amounts expended in the year 1986 by the State and instrumentalities of the State in connection with the provision, out of moneys paid to the State under this section in relation to the institution, of financial assistance to students at the institution; and

(b) the Minister directs that an amount, not exceeding the amount of the excess, is a prescribed amount in relation to the institution in respect of the year 1986 for the purposes of this sub-section,

then, for the purposes of this Act—

(c) an amount equal to the prescribed amount shall be deemed to have been paid to the State under this section as financial assistance in relation to the institution in respect of the year 1987; and

(d) the sum of the amounts paid to the State under this section in relation to the institution in respect of the year 1986 shall be deemed to have been reduced by an amount equal to the prescribed amount.

“(7b) Where—

(a) the sum of the amounts of financial assistance paid to the Northern Territory under this section in relation to a Northern Territory tertiary education institution in respect of the year 1986 exceeds the sum of the amounts expended in the year 1986 by the Northern Territory and instrumentalities of the Northern Territory in connection with the provision, out of moneys paid to the Northern Territory under this section in relation to the institution, of financial assistance to students at the institution; and

(b) the Minister directs that an amount, not exceeding the amount of the excess is a prescribed amount in relation to the institution in respect of the year 1986 for the purposes of this sub-section,

then, for the purposes of this Act—

(c) an amount equal to the prescribed amount shall be deemed to have been paid to the Northern Territory under this section as financial assistance in relation to the institution in respect of the year 1987; and

(d) the sum of the amounts paid to the Northern Territory under this section in relation to the institution in respect of the year 1986 shall be deemed to have been reduced by an amount equal to the prescribed amount.”;

(r) by omitting “university, college of advanced education or non-government teachers college” from the definition of “financial assistance” in sub-section (8) and substituting “prescribed institution”; and

(s) by omitting from sub-section (8) the definition of “student” and substituting the following definitions:

“‘prescribed institution’ means—

(a) a university situated in a State;

(b) a college of advanced education situated in a State;

(c) an institute of tertiary education that is situated in a State and at which courses of advanced education are provided;

(d) a technical and further education institution that is situated in a State and at which courses of advanced education are provided;

(e) a Northern Territory education institution at which courses of advanced education are provided; or

(f) a non-government teachers college;

‘student’ means—

(a) in relation to a university—a person undertaking a course of study provided by the university;

(b) in relation to a college of advanced education—a person undertaking a course of advanced education provided by the college;

(c) in relation to an institute of tertiary education—a person undertaking a course of advanced education provided by the institute;

(d) in relation to a technical and further education institution—a person undertaking a course of advanced education provided by the institution;

(e) in relation to a Northern Territory tertiary education institution—a person undertaking a course of advanced education provided by the institution; or

(f) in relation to a non-government teachers college—a person undertaking a course of teacher education provided by the college.”.

Key centres of teaching and research

13. Section 10 of the Principal Act is amended—

(a) by omitting from paragraph (4) (b) “$1,155,000” and substituting “$1,166,000”; and

(b) by omitting from paragraph (4) (c) “$1,150,000” and substituting “$1,183,000”.

Recurrent grants may be increased to assist institutions in meeting certain superannuation expenses

14. Section 11 of the Principal Act is amended—

(a) by omitting from paragraph (3) (b) “$24,307,000” and substituting “$24,518,000”; and

(b) by omitting from paragraph (3) (c) “$25,530,000” and substituting “$26,263,000”.

Recurrent grants in respect of student residences and affiliated colleges

15. Section 12 of the Principal Act is amended—

(a) by omitting from paragraph (2) (b) “$1,436,000” and substituting “$1,448,000”; and

(b) by omitting from paragraph (3) (b) “$427,000” and substituting “$431,000”.

Special research centres

16. Section 14 of the Principal Act is amended—

(a) by omitting from paragraph (4) (b) “$5,462,000” and substituting “$5,509,000”; and

(b) by omitting from paragraph (4) (c) “$5,435,000” and substituting “$5,586,000”.

17. Before section 16 of the Principal Act the following section is inserted in Division 3 of Part III:

Grants for expenditure in connection with the provision of courses of advanced education in institutes of tertiary education

“15a. (1) In relation to each institute of tertiary education specified in Column 1 of Schedule 6a, there is payable to the State in which the institute is situated, for the purposes of financial assistance in relation to recurrent expenditure of the institute in connection with the provision, in respect of a year to which this Act applies, of courses of advanced education, the amount specified in that Schedule in relation to that institute and to that year reduced, in the case of the year 1987, by the amount calculated under section 4b in relation to the institute.

“(2) Financial assistance is granted to a State under sub-section (1) in relation to the provision, at an institute of tertiary education situated in the State, of courses of advanced education in respect of a year to which this Act applies on the conditions that—

(a) the State will pay each amount of that financial assistance received by it to the institute without undue delay;

(b) the State will ensure that the sum of the amounts expended by the institute by way of recurrent expenditure in connection with the provision, in respect of that year, of courses of advanced education is not less than the amount specified in Schedule 6a in relation to the institute in respect of that year;

(c) the State will ensure that each institute of tertiary education situated in the State does not charge any student fees in respect of that year or a part of that year;

(d) the State will ensure that each institute of tertiary education situated in the State imposes an amount of charge in respect of each relevant enrolment in respect of the year 1987, being the amount applicable under section 4d in respect of that year;

(e) the State will ensure that the institute furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with the approved form, as to the recurrent expenditure of the institute in respect of that year in connection with the provision of courses of advanced education; and

(f) the State will cause to be furnished to the Commission by the institute, not later than such date as the Commission specifies, such

statistical and other information as the Commission requires from the institute in respect of the provision by the institute, in respect of that year, of courses of advanced education.

“(3) Where a determination is made under sub-section 4 (5) in relation to the provision of a course of advanced education at an institute of tertiary education situated in a State, any expenditure in connection with the preparation for the introduction of the course (not being expenditure incurred for the purpose of making a further submission to the Commission concerning the course), or, if the course has been introduced at the institute, in connection with the provision of the course, that is incurred by the institute while the determination is in force shall not be treated as recurrent expenditure of the institute in connection with the provision of courses of advanced education in the application of sub-sections (2), (4) and (6) to and in relation to financial assistance granted to the State under sub-section (1).

“(4) Where an institute of tertiary education furnishes a statement to the Commission under this section and it appears from the statement that the sum of the amounts paid to a State in relation to the recurrent expenditure of the institute in connection with the provision, in respect of the year 1986, under this section of courses of advanced education exceeds the sum of the amounts expended by the institute in connection with the provision, in respect of that year, of courses of advanced education, then, upon receipt of the statement by the Commission, for the purposes of this Act—

(a) there shall be deemed to have been specified in Schedule 6a (as from 1 January 1987), in substitution for the amount specified in that Schedule in relation to the institute and to the year 1987, that amount as increased by—

(i) the amount of the excess; or

(ii) $60,000,

whichever is the less;

(b) the sum of the amounts so paid to the State in relation to the recurrent expenditure of the institute in connection with the provision, in respect of the year 1986, of courses of advanced education shall be deemed to have been reduced by an amount equal to the amount of the excess; and

(c) an amount equal to the amount of the excess shall be deemed to have been paid to the State under this section for the purposes of financial assistance in relation to the recurrent expenditure of the institute in connection with the provision, in respect of the year 1987, of courses of advanced education.

“(5) Where the amount of the excess referred to in sub-section (4) in relation to an institute of tertiary education in respect of the year 1986 exceeds $60,000, the Minister may, if satisfied that there are special circumstances that warrant the giving of such a direction, at the request of

the State in which the institute is situated, being a request made not later than 30 September 1987, direct that the amount (in this sub-section referred to as the ‘relevant amount’) specified in Schedule 6a in relation to the institute and to the year 1987 be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds $60,000, and, where the Minister gives such a direction, then, for the purposes of this Act, there shall be deemed to have been specified in that Schedule (as from 1 January 1987), in substitution for the relevant amount, the relevant amount as so increased.

“(6) Where the sum of the amounts expended by an institute of tertiary education in connection with the provision, in respect of the year 1986, of courses of advanced education exceeds the sum of the amounts of financial assistance paid to the State in which the institute is situated in relation to the recurrent expenditure of the institute in connection with the provision, in respect of that year, of courses of advanced education under this section then, for the purposes of this Act, an amount equal to the amount of the excess or $60,000, whichever is the less, shall be treated as if it had been expended by the institute, in connection with the provision, in respect of the year 1987, of courses of advanced education.

“(7) Where the amount of the excess referred to in sub-section (6) in relation to an institute of tertiary education in respect of the year 1986 exceeds $60,000, the Minister may, if satisfied that there are special circumstances that warrant the giving of such a direction, at the request of the State in which the institute is situated, being a request made not later than 30 September 1987, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds $60,000, shall be treated as if it had been expended by the institute in connection with the provision, in respect of the year 1987, of courses of advanced education, and, upon the Minister’s giving such a direction, that amount shall be treated, for the purposes of this Act, as if it had been so expended.”.

Interpretation

18. Section 19 of the Principal Act is repealed.

Grants for special courses

19. Section 20 of the Principal Act is amended—

(a) by inserting after sub-section (1) the following sub-section:

“(1a) The Minister may, after obtaining the advice of the Commission, approve a proposal for expenditure by an institute of tertiary education for the purpose of providing special courses of technical and further education as a proposal deserving financial assistance under this section in respect of a year to which this Act applies subject to such conditions as the Minister determines.”;

(b) by omitting from sub-section (3) “approved proposal” and substituting “proposal approved under sub-section (1)”;

(c) by inserting after sub-section (3) the following sub-section:

“(3a) Subject to sub-sections (4) and (5), in relation to each proposal approved under sub-section (1a) in relation to an institute of tertiary education, there is payable to the State in which the institute is situated, in respect of the year in respect of which the proposal was approved, an amount equal to the amount of the approved expenditure in relation to the proposal in respect of that year.”; and

(d) by inserting after sub-section (4) the following sub-section:

“(4a) The reference in sub-section (4) to an approved proposal of a State includes a reference to an approved proposal of an institute of tertiary education situated in the State.”.

Grants for special services

20. Section 21 of the Principal Act is amended—

(a) by inserting after sub-section (1) the following sub-section:

“(1a) The Minister may, after obtaining the advice of the Commission, approve a proposal for expenditure by an institute of tertiary education for the purpose of providing special services in connection with the provision of technical and further education by the institute as a proposal deserving financial assistance under this section in respect of a year to which this Act applies subject to such conditions as the Minister determines.”;

(b) by omitting from sub-section (3) “approved proposal” and substituting “proposal approved under sub-section (1)”;

(c) by inserting after sub-section (3) the following sub-section:

“(3a) Subject to sub-section (4), in relation to each proposal approved under sub-section (1a) in relation to an institute of tertiary education, there is payable to the State in which the institute is situated, in respect of the year in respect of which the proposal was approved, an amount equal to the amount of the approved expenditure in relation to the proposal in respect of that year.”; and

(d) by adding at the end the following sub-section:

“(5) The reference in sub-section (4) to an approved proposal of a State includes a reference to an approved proposal of an institute of tertiary education situated in the State.”.

Quality improvement grants

21. Section 22 of the Principal Act is amended—

(a) by inserting after sub-section (1) the following sub-section:

“(1a) The Minister may, after obtaining the advice of the Commission, approve a proposal for expenditure by an institute of tertiary education for the purpose of improving the quality of, or

increasing the range of, services and facilities of the institute in connection with the provision of technical and further education as a proposal deserving financial assistance under this section in respect of a year to which this Act applies subject to such conditions as the Minister determines.”;

(b) by omitting from sub-section (3) “approved proposal” and substituting “proposal approved under sub-section (1)”;

(c) by inserting after sub-section (3) the following sub-section:

“(3a) Subject to sub-sections (4) and (5), in relation to each proposal approved under sub-section (1a) in relation to an institute of tertiary education, there is payable to the State in which the institute is situated, in respect of the year in respect of which the proposal was approved, an amount equal to the amount of the approved expenditure in relation to the proposal in respect of that year.”; and

(d) by inserting after sub-section (4) the following sub-section:

“(4a) The reference in sub-section (4) to an approved proposal of a State includes a reference to an approved proposal of an institute of tertiary education situated in the State.”.

Management grants

22. Section 23 of the Principal Act is amended—

(a) by inserting after sub-section (1) the following sub-section:

“(1a) The Minister may, after obtaining the advice of the Commission, approve a proposal for expenditure by an institute of tertiary education for the purpose of improving management and administration in connection with the provision by the institute of technical and further education as a proposal deserving financial assistance under this section in respect of a year to which this Act applies subject to such conditions as the Minister determines.”;

(b) by omitting from sub-section (3) “approved proposal” and substituting “proposal approved under sub-section (1)”;

(c) by inserting after sub-section (3) the following sub-section:

“(3a) Subject to sub-sections (4) and (5), in relation to each proposal approved under sub-section (1a) in relation to an institute of tertiary education, there is payable to the State in which the institute is situated, in respect of the year in respect of which the proposal was approved, an amount equal to the amount of the approved expenditure in relation to the proposal in respect of that year.”; and

(d) by inserting after sub-section (4) the following sub-section:

“(4a) The reference in sub-section (4) to an approved proposal of a State includes a reference to an approved proposal of an institute of tertiary education situated in the State.”.

23. After section 23 of the Principal Act the following section is inserted:

Traineeship grants

“23a. (1) The Minister may, after obtaining the advice of the Commission, approve a proposal for expenditure by a State and instrumentalities of the State for the purpose of facilitating the provision of traineeships under the Australian Traineeship System in connection with the provision of technical and further education in the State as a proposal deserving financial assistance under this section in respect of the year 1987 subject to such conditions as the Minister determines.

“(2) The Minister may, after obtaining the advice of the Commission, approve a proposal for expenditure by an institute of tertiary education for the purpose of facilitating the provision of traineeships under the Australian Traineeship System in connection with the provision by the institute of technical and further education as a proposal deserving financial assistance under this section in respect of the year 1987 subject to such conditions as the Minister determines.

“(3) Where the Minister approves a proposal in respect of the year 1987, the Minister shall determine an amount, not exceeding the estimated expenditure in connection with the proposal in respect of that year, as the amount of the approved expenditure in relation to the proposal in respect of that year.

“(4) Subject to sub-section (6), in relation to each proposal approved under sub-section (1), there is payable to the State in respect of which the proposal was submitted, in respect of the year in respect of which the proposal was approved, an amount equal to the amount of the approved expenditure in relation to the proposal in respect of that year.

“(5) Subject to sub-section (6), in relation to each proposal approved under sub-section (2) in relation to an institute of tertiary education, there is payable to the State in which the institute is situated, in respect of the year in respect of which the proposal was approved, an amount equal to the amount of the approved expenditure in relation to the proposal in respect of that year.

“(6) The aggregate of the amounts determined by the Minister under this section to be the amounts of approved expenditure in relation to approved proposals in respect of the year 1987 shall not exceed $4,000,000.”.

Conditions attaching to grants for technical and further education

24. Section 24 of the Principal Act is amended—

(a) by omitting “or 23” and substituting “, 23 or 23a”;

(b) by inserting “(other than an approved proposal in respect of an institute of tertiary education)” after “approved proposal”; and

(c) by adding at the end the following sub-section:

“(2) Financial assistance is granted to a State under section 20, 21, 22, 23 or 23a in relation to an approved proposal in respect of an institute of tertiary education in respect of a year to which this Act applies on the conditions that—

(a) the State will pay each amount of that financial assistance received by it to the institute without undue delay;

(b) the State will ensure that the sum of the amounts expended by the institute in that year in connection with the proposal is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the proposal in respect of that year;

(c) the State will ensure that the institute furnishes to the Commission, not later than 30 September next following the end of that year, a statement by a qualified auditor, in accordance with the approved form, as to the expenditure in that year by the institute in connection with the proposal; and

(d) the State will ensure that the institute furnishes to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires in relation to the proposal.”.

Variations of amounts specified in certain Schedules relating to recurrent expenditure for universities and advanced education

25. Section 26 of the Principal Act is amended by inserting in sub-section (3) “6a,” after “3,”.

Equipment grants for technical and further education

26. Section 33 of the Principal Act is amended by omitting sub-section (6).

Approvals by Minister

27. (1) Section 43 of the Principal Act is amended—

(a) by omitting from sub-section (1) “the year 1985” and substituting “a year to which this Act applies”; and

(b) by adding at the end the following sub-section:

“(3) In this section, ‘year to which this Act applies’ means either of the years 1985 and 1986.”.

(2) Section 43 of the Principal Act is amended by omitting sub-section (3).

Grants for approved courses provided by non-government business colleges

28. Section 44 of the Principal Act is amended—

(a) by inserting after sub-section (3) the following sub-section:

“(3a) In calculating the number of students receiving instruction in an approved course of a non-government business college in

respect of a year to which this Act applies on a business college census date in that year, any overseas student who is receiving instruction in such a course and who enrolled in that course on or after 1 June 1986 shall be disregarded.”; and

(b) by omitting sub-section (5) and substituting the following sub-section:

“(5) In this section—

‘overseas student’ means a person (including a person who has not attained the age of majority) who is not an Australian citizen and is receiving instruction at a non-government business college, but does not include a person to whom sub-section 8 (1) of the Migration Act 1958 applies or a person who is the holder of a permanent entry permit;

‘permanent entry permit’ means an entry permit within the meaning of the Migration Act 1958 other than a temporary entry permit;

‘temporary entry permit’ has the same meaning as in the Migration Act 1958.”.

Additional conditions, &c.

29. Section 46 of the Principal Act is amended—(a) by omitting sub-sections (2) and (3) and substituting the following sub-sections:

“(2) Where the Minister is satisfied, on the basis of information contained in a relevant certificate furnished to the Commission in compliance with the conditions attaching to a grant of financial assistance in relation to a university or college of advanced education in respect of the year 1984, 1985 or 1986, that—

(a) the prescribed staff of that university or college, as the case requires, comprising a category or class of persons in respect of which the Academic Salaries Tribunal has recommended a rate of salary or a scale of rates of salary applicable to that year or a part of that year, have been paid, in respect of, or of a part of, that year or that part of that year, salary at a rate, or in accordance with a scale of rates, different from the rate or scale of rates so recommended; or

(b) the prescribed staff of that university or college, as the case requires, comprising a category or class of persons in respect of which the Australian Conciliation and Arbitration Commission has made an award establishing a rate of salary or a scale of rates of salary applicable to that year or a part of that year, have been paid, in respect of, or of a part of, that year or that part of that year, salary at a rate, or in accordance with a scale of rates, different from the rate or scale of rates so established,

the Minister may direct that this Act shall have effect as if the amount specified in Schedule 1 in relation to that university and to a subsequent year to which this Act applies or in Schedule 3 in relation to that college and to a subsequent year to which this Act applies, as the case requires, were reduced by an amount specified by the Minister, and, where the Minister gives such a direction, there shall be deemed to have been specified in that Schedule (as from 1 January in that year) in substitution for that amount, that amount as so reduced.

“(3) The Minister shall not, upon being satisfied of a matter referred to in sub-section (2) in relation to the payment of salary to prescribed staff of a university or college of advanced education in respect of a year or a part of a year, give a direction under that sub-section by virtue of which an amount specified in relation to that university or college is reduced by an amount that exceeds—

(a) in a case to which paragraph (2) (a) applies—the aggregate of the amounts by which the salary paid to that prescribed staff in respect of that year or that part of that year differs from the salary that would have been paid to that prescribed staff in respect of that year or that part of that year if salary had been paid at the rate or in accordance with the scale of rates recommended by the Academic Salaries Tribunal; or

(b) in a case to which paragraph (2) (b) applies—the aggregate of the amounts by which the salary paid to that prescribed staff in respect of that year or that part of that year differs from the salary that would have been paid to that prescribed staff in respect of that year or that part of that year if salary had been paid at the rate or in accordance with the scale of rates established by the Australian Conciliation and Arbitration Tribunal.”; and

(b) by omitting from sub-section (5) “46 (2)” and substituting “(2) of this section”.

Repeal and substitution of Schedules

30. Schedules 1 to 23 (inclusive) to the Principal Act are repealed and the Schedules set out in the Schedule to this Act are substituted.

Payments made before Royal Assent

31. Payments (including advances) by way of financial assistance made to a State or to the Northern Territory under the Principal Act shall be deemed to have been made for the purposes of the Principal Act as amended by this Act.

——————

SCHEDULE Section 29

NEW SCHEDULES 1 TO 23 (INCLUSIVE) TO THE PRINCIPAL ACT

SCHEDULE 1 Sub-section 5 (1)

MAXIMUM GRANTS AVAILABLE FOR EXPENDITURE BY UNIVERSITIES ON UNIVERSITY PURPOSES

—————

SCHEDULE—continued

SCHEDULE 2 Sub-section 5 (5)

SPECIAL PURPOSES IN RELATION TO GRANTS FOR EXPENDITURE BY UNIVERSITIES ON UNIVERSITY PURPOSES

——————

SCHEDULE 3 Sub-section 5 (2)

MAXIMUM GRANTS AVAILABLE FOR EXPENDITURE BY COLLEGES OF ADVANCED EDUCATION ON COLLEGE PURPOSES

SCHEDULE—continued

SCHEDULE—continued

——————

SCHEDULE 4 Sub-section 6 (1)

GRANTS FOR RECURRENT EXPENDITURE IN CONNECTION WITH TECHNICAL AND FURTHER EDUCATION

—————

SCHEDULE—continued

SCHEDULE 5 Sub-section 13 (1)

SPECIAL RESEARCH GRANTS FOR UNIVERSITIES

——————

SCHEDULE—continued

SCHEDULE 6 Sub-section 15 (1)

GRANTS FOR RECURRENT EXPENDITURE OF TEACHING HOSPITALS OF UNIVERSITIES

——————

SCHEDULE 6a Sub-section 15a (1)

MAXIMUM GRANTS AVAILABLE FOR RECURRENT EXPENDITURE BY INSTITUTES OF TERTIARY EDUCATION

——————

SCHEDULE—continued

SCHEDULE 7 Sub-section 16 (1)

MAXIMUM GRANTS AVAILABLE FOR EXPENDITURE BY STATES ON PROVISION OF COURSES OF ADVANCED EDUCATION IN TECHNICAL AND FURTHER EDUCATION INSTITUTIONS

——————

SCHEDULE 8 Sub-section 17 (1)

GRANTS FOR EXPENDITURE BY THE NORTHERN TERRITORY ON ADVANCED EDUCATION PURPOSES

—————

SCHEDULE—continued

SCHEDULE 9 Sub-section 18 (1)

MAXIMUM GRANTS AVAILABLE FOR EXPENDITURE BY NON-GOVERNMENT TEACHERS COLLEGES

——————

SCHEDULE 10 Sub-sections 20 (4) and (5)

PART I—GRANTS FOR SPECIAL COURSES IN CONNECTION WITH TECHNICAL AND FURTHER EDUCATION

PART II—UNALLOCATED GRANT FOR SPECIAL COURSES IN CONNECTION WITH TECHNICAL AND FURTHER EDUCATION

——————

SCHEDULE—continued

SCHEDULE 11 Sub-section 21 (4)

GRANTS FOR SPECIAL SERVICES IN CONNECTION WITH TECHNICAL AND FURTHER EDUCATION

——————

SCHEDULE 12 Sub-sections 22 (4) and (5)

PART I—GRANTS FOR IMPROVEMENT OF QUALITY OF SERVICES AND FACILITIES IN CONNECTION WITH TECHNICAL AND FURTHER EDUCATION

PART II—UNALLOCATED GRANT FOR IMPROVEMENT OF QUALITY OF SERVICES AND FACILITIES IN CONNECTION WITH TECHNICAL AND FURTHER EDUCATION

—————

SCHEDULE—continued

SCHEDULE 13 Sub-sections 23 (4) and (5)

PART I—GRANTS FOR IMPROVEMENT OF MANAGEMENT IN CONNECTION WITH TECHNICAL AND FURTHER EDUCATION

PART II—UNALLOCATED GRANT FOR IMPROVEMENT OF MANAGEMENT IN CONNECTION WITH TECHNICAL AND FURTHER EDUCATION

——————

SCHEDULE 14 Sub-section 25 (3)

GRANTS FOR PROGRAMS OF NON-GOVERNMENT ADULT EDUCATION RELATED TO TECHNICAL AND FURTHER EDUCATION

——————

SCHEDULE—continued

SCHEDULE 15 Sub-sections 32 (1) and (5)

GRANTS FOR EQUIPMENT FOR UNIVERSITIES

——————

SCHEDULE—continued

SCHEDULE 16 Sub-sections 32 (6) and (7) and 34 (4)

GRANTS FOR EQUIPMENT FOR ADVANCED EDUCATION

PART I—COLLEGES OF ADVANCED EDUCATION

PART II—NON-GOVERNMENT TEACHERS COLLEGES

PART III—ADVANCED EDUCATION IN THE NORTHERN TERRITORY

——————

SCHEDULE—continued

SCHEDULE 17 Sub-section 33 (4)

GRANTS FOR EQUIPMENT FOR TECHNICAL AND FURTHER EDUCATION INSTITUTIONS

——————

SCHEDULE 18 Sub-section 38 (1)

GRANTS FOR SPECIFIED BUILDING PROJECTS OF UNIVERSITIES

SCHEDULE—continued