STATES GRANTS (UNIVERSITIES) (No. 2).
No. 75 of 1963.
An Act to amend section nine of the States Grants (Universities) Act 1960–1962, as amended by the States Grants (Universities) Act 1963.
[Assented to 31st October, 1963.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the States Grants (Universities) Act (No. 2) 1963.
(2.) Section one of the States Grants (Universities) Act 1963 is amended by omitting sub-section (3.).
(3.) The States Grants (Universities) Act 1960-1962, as amended by the States Grants (Universities) Act 1963 and by this Act, may be cited as the States Grants (Universities) Act 1960-1963.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Grants for expenditure on residential college buildings.
3. Section nine of the States Grants (Universities) Act 1960-1962, as amended by the States Grants (Universities) Act 1963, is amended by inserting after sub-section (2.) the following sub-section:—
“(2a.) If, at any time during the period of three years to which this Part applies, the Minister, after consultation with the Commission, certifies that he is satisfied that the amount specified in the Fourth Schedule in respect of a University exceeds by not less than a specified amount the total of the sums that have become payable, and any further sums that may become payable, under the preceding provisions of this section to a State in relation to that University, the Commission may, subject to the approval of the Minister, determine that those provisions shall have effect as if—
(a) an amount determined by the Commission, not exceeding the amount specified in the certificate of the Minister, were deducted from the amount specified in the Fourth Schedule in respect of that University; and
(b) an amount equal to, or amounts determined by the Commission and together equal to, the amount so deducted were added to the amount or amounts specified in the Fourth Schedule in relation to such other University or Universities as the Commission determines.”.
Overview
The States Grants (Universities) Act (No. 2) 1963 was enacted to amend the States Grants (Universities) Act 1960-1962, specifically addressing the allocation of grants for expenditure on residential college buildings. This Act was passed by the Queen’s Most Excellent Majesty, the Senate and the House of Representatives of the Commonwealth of Australia, aiming to refine the criteria and process for determining and redistributing grants among universities. The primary objective was to ensure a more equitable distribution of funds, taking into consideration the varying needs and circumstances of different universities, thereby enhancing the efficiency and effectiveness of the grant allocation system. The Act came into effect immediately upon receiving Royal Assent, reflecting the urgency and importance of the amendments it introduced.
Scope and Application
The States Grants (Universities) Act (No. 2) 1963 pertains to the modification of funding arrangements for universities within Australia. It applies to the Commonwealth and the states, specifically targeting the distribution of grants for university expenditure, particularly on residential college buildings. The Act amends the States Grants (Universities) Act 1960–1962 and the States Grants (Universities) Act 1963 to adjust the criteria and procedures for distributing these grants. This legislation is geographically applicable across the Commonwealth of Australia, impacting all public universities that receive state grants. The Act does not explicitly state exclusions or thresholds, but it does provide mechanisms for the redistribution of funds based on the certification by the Minister and approval by the Commission. The application of this Act may be extended or restricted through subordinate instruments, allowing for the detailed implementation and regulation of the grant distribution process.
Key Provisions
The States Grants (Universities) Act (No. 2) 1963 amends the existing legislation, the States Grants (Universities) Act 1960-1962, to alter the provisions concerning financial grants for universities. The most significant change introduced by this Act is found in Section 3, which modifies Section 9 of the earlier Act by adding a new subsection (2a). This amendment provides flexibility in the allocation of funds to universities, allowing for adjustments based on specific conditions. Specifically, if the Minister certifies that the amount allocated for a university exceeds by a specified amount the total sums payable under the preceding provisions, the Commission may adjust the grants to ensure an equitable distribution among universities.
The Act imposes certain obligations on the Minister and the Commission. The Minister must consult with the Commission and certify that the conditions for redistribution are met (Section 3(2a)). Following this certification, the Commission has the authority to determine adjustments to the grant amounts, subject to the Minister's approval. This process ensures that the financial support provided to universities is both transparent and responsive to the needs identified by the Minister.
Breaches of the procedures outlined in the Act could lead to consequences, although the Act itself does not explicitly state penalties for non-compliance. Typically, deviations from legislative requirements might result in legal scrutiny, particularly if the redistribution of funds does not align with the stated conditions or if approvals are not properly sought and granted. The precise consequences would depend on the specific nature of the breach and could potentially involve administrative or judicial reviews to ensure adherence to the legislative intent.