States Grants (Universities) Act 1953

Legislation au C1953A00075 Not in force Act

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STATES GRANTS (UNIVERSITIES).

 

No. 75 of 1953.

An Act to make provision for the grant of Financial Assistance to the States in connexion with Universities.

[Assented to 10th December, 1953.]

BE it enacted by the Queens Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows :—

Short title.

1. This Act may be cited as the States Grants (Universities) Act 1953.

Commencement.

2. This Act shall be deemed to have come into operation on the first day of January, One thousand nine hundred and fifty-three.

Repeal.

3.—(1.) The States Grants (Universities) Act 1951 is repealed.

(2.) An amount paid to a State in respect of the year One thousand nine hundred and fifty-three under a provision of the Act repealed by this section shall be deemed to have been paid in respect of that year under the corresponding provision of this Act.

Interpretation.

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

capital expenditure means—

(a) expenditure on the erection of a new building; and

(b) expenditure, exceeding Five hundred pounds, on the alteration of an existing building or for the purchase of, or otherwise in connexion with, a single item of equipment;

fees means tuition, examination, matriculation and other fees payable to a University by a student enrolled at, or applying for enrolment at, the University in connexion with his course of study or attendance at the University, and includes fees payable to the University in respect of the conferring of a degree or diploma, but does not include fees the payment of which is voluntary or fees payable to an organization of students;


State grants means moneys paid by a State to a University for university purposes, not being—

(a) moneys used for capital expenditure; or

(b) moneys paid in fulfilment of the conditions upon which a payment is made to the State under this Act;

the Joint Engineering Board of Management means the Joint Engineering Board of Management established under an agreement made on the first day of January, One thousand nine hundred and twenty-six, between the Minister for Education of the State of Tasmania and the Council of the University of Tasmania;

University means a University specified in the first column of the Schedule to this Act, and includes the New England University College;

university purposes means the general teaching and research purposes of a University in connexion with courses of study at the University, and includes external tuition for courses of study at the University.

(2.) For the purposes of this Act, moneys paid by the State of Tasmania to the Joint Engineering Board of Management for the general teaching purposes of that Board in connexion with courses of study in chemistry and engineering conducted by that Board in the University of Tasmania and the Hobart Technical College shall be deemed to be moneys paid by that State to the University of Tasmania and to have been so paid for university purposes.

Financial assistance to States.

5.—(1.) Subject to this Act, if the sum of the fees and State grants received by a University during either of the years One thousand nine hundred and fifty-three and One thousand nine hundred and fifty-four exceeds the amount specified in the second column of the Schedule to this Act opposite to the name of that University, there is payable, in respect of that year, to the State in which the University is situated, for the purposes of financial assistance—

(a) an amount equal to one-third of the amount of that excess; and

(b) an amount equal to the amount specified in the third column of that Schedule opposite to the name of the University.

(2.) The maximum amount payable to a State under paragraph (a) of the last preceding sub-section in relation to a University in respect of a year is the amount specified in the fourth column of that Schedule opposite to the name of the University.

Conditions on which payments made.

6.—(1.) The financial assistance to a State constituted by a payment referred to in paragraph (a) of sub-section (1.) of the last


preceding section in relation to a University is granted on the conditions that—

(a) the State will, in the year in which that payment is received, pay to the University an amount equal to that payment; and

(b) the State will ensure that the amount so paid to the University is applied by the University for expenditure, not being capital expenditure, on university purposes.

(2.) The financial assistance to a State constituted by a payment referred to in paragraph (b) of sub-section (1.) of the last preceding section in relation to a University is granted on the conditions that—

(a) the State will, in the year in which that payment is received, pay to the University an amount equal to that payment; and

(b) the State will ensure that—

(i) a portion of the amount so paid to the University, being a portion equal to the amount specified in the fifth column of the Schedule to this Act opposite to the name of the University, is applied by the University towards the teaching and administrative costs of the residential colleges of the University; and

(ii) the remaining portion of that amount is applied by the University for expenditure, not being capital expenditure, on university purposes.

(3.) In addition to the conditions specified in the last two preceding sub-sections, an amount of financial assistance to a State under this Act is granted on the conditions that—

(a) if the Treasurer 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 to the Commonwealth; and

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

Payment of financial assistance by Treasurer.

7. The Treasurer may, at such times as he thinks fit. make advances of such amounts as he thinks fit to a State on account of an amount that may become payable under this Act to the State.

Appropriation.

8. Payments under this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Validation of certain payments.

9. The States Grants (Universities) Act 1951 shall be deemed to have operated in respect of the year One thousand nine hundred and fifty-two as if the amounts set out in the Schedule to that Act in relation to the New South Wales University of Technology had been the following :—

£

£

£

£

£

7,280

81,885

605,805

30,826

2,356


Sections 5 and 6. THE SCHEDULE.

 

AMOUNTS USED IN CALCULATION OF FINANCIAL ASSISTANCE.

First Column.

Second Column.

Third Column.

Fourth Column.

Fifth Column.

University.

Amount of fees and State grants.

Amount of financial assistance

under section 5 (1.) (b).

Maximum amount payable under section 5 (1.) (a).

Amount for teaching and administrative costs of residential colleges.

New South Wales—

£

£

£

£

University of Sydney.............

783,369

270,023

202,140

8,900

New South Wales University of Technology 

605,805

81,885

61,652

2,356

New England University College......

64,164

13,099

9,960

220

Victoria—

 

 

 

 

University of Melbourne...........

655,159

220,414

165,000

7,265

Queensland—

 

 

 

 

University of Queensland...........

309,269

93,226

69,780

3,073

South Australia—

 

 

 

 

University of Adelaide............

272,394

93,893

70,320

3,095

Western Australia—

 

 

 

 

University of Western Australia......

183,531

62,845

47,400

1,668

Tasmania—

 

 

 

 

University of Tasmania............

106,319

33,127

22,920

505

 

2,980,010

868,512

649,172

27,082

 

Overview

The States Grants (Universities) Act 1953 was enacted to provide financial assistance to states in connection with universities, specifically to support the general teaching and research purposes of universities. This legislation was enacted by the Parliament of Australia and came into operation on 1 January 1953, replacing the earlier States Grants (Universities) Act 1951. The Act aims to ensure that states receive financial assistance from the Commonwealth to aid in their support of university operations, under certain conditions, including that the assistance must be applied towards non-capital expenditures on university purposes or the teaching and administrative costs of residential colleges. The Act also stipulates that any failure to comply with the conditions of the assistance will result in the state being required to repay the funds to the Commonwealth. The Act specifies the criteria for calculating the financial assistance, including the amounts of fees and state grants received by each university, and outlines the maximum amounts that can be paid to each state. The financial assistance is to be paid from the Consolidated Revenue Fund, and the Act includes provisions for the validation of certain payments made under the repealed 1951 Act. This legislation represents a formal commitment by the Commonwealth to support the educational infrastructure of the states through targeted financial assistance to universities.

Scope and Application

The States Grants (Universities) Act 1953 is an Australian Commonwealth Act aimed at providing financial assistance to states for university purposes. The Act applies to specific universities, as listed in the Schedule, and to the states in which these universities are situated. The financial assistance is contingent upon certain conditions being met, including the amount of fees and state grants received by a university exceeding a specified amount for the years 1953 and 1954. Payments are made to the states on the condition that they are used by the universities for non-capital expenditure on university purposes. Additionally, part of the assistance must be applied towards the teaching and administrative costs of the residential colleges of the universities. The Act also includes provisions for the validation of certain payments and outlines the appropriation of funds from the Consolidated Revenue Fund for these purposes. The application and scope of the Act are further defined by its Schedule, which specifies the amounts used in the calculation of financial assistance for each university and the conditions governing the application of these funds.

Key Provisions

The primary operative sections of the States Grants (Universities) Act 1953 (hereafter referred to as the "Act") are sections 5 and 6, which detail the financial assistance provided to states based on the fees and state grants received by universities. Section 5(1) establishes that if the total fees and state grants received by a university during either 1953 or 1954 exceed a specified amount, a financial assistance payment is made to the state in which the university is situated. This payment consists of one-third of the excess amount, plus an additional fixed amount specified in the schedule to the Act. Section 6 outlines the conditions under which these payments are made, requiring that the state must use the funds for non-capital expenditure on university purposes. For example, if the university is in New South Wales, the state must ensure that the funds are used for general teaching and research purposes, excluding capital expenditure such as new building construction or major equipment purchases. The Act imposes several obligations and requirements on the parties it governs. Firstly, the state receiving financial assistance must ensure that the funds are used for specified non-capital university purposes, as detailed in section 6. For instance, if the state receives funds for the teaching and administrative costs of residential colleges, it must allocate a specified portion of the funds accordingly. Additionally, section 6 mandates that if the Treasurer of the Commonwealth determines that the state has not fulfilled the conditions for the receipt of financial assistance, the state must repay the amount to the Commonwealth. This includes any excess amounts paid beyond what is properly due. In terms of offences, penalties, or consequences for breach, the Act does not explicitly outline specific criminal or civil penalties within the text provided. However, the requirement for repayment of funds if conditions are not met (as stated in section 6(1)(a)) implies a financial consequence for non-compliance. Although the Act does not specify maximum penalties, the obligation to repay funds suggests that failure to meet the conditions for financial assistance may result in financial restitution to the Commonwealth. The lack of explicit penalties in the text provided might mean that the primary consequence of non-compliance is financial, focusing on the repayment of misused funds rather than punitive measures.

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Area of Law
Education Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Definitions & Interpretation
Financial Assistance
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.