STATES GRANTS (UNIVERSITIES).

No. 106 of 1960.

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

[Assented to 16th December, 1960.]

BE it enacted by the Queen’s 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:—

Part I.—Preliminary.

Short title.

1. This Act may be cited as the States Grants (Universities) Act 1960.

Commencement.

2.—(1.) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Part III. of this Act shall be deemed to have come into operation on the first day of January, One thousand nine hundred and sixty.

Parts.

3. This Act is divided into Parts, as follows:—

Part I—Preliminary (Sections 1-3).

Part II.—Grants of Financial Assistance (Sections 4-13).

Part III.—Amendments of the States Grants (Universities) Act 1958 (Sections 14-17).

Part II.—Grants of Financial Assistance.

Interpretation.

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

“capital expenditure” means—

(a) expenditure on the purchase of land, with or without buildings, the planning, erection or alteration of a building, the development or preparation of land for building or other purposes or the installation of water, electricity and other services; and

(b) expenditure exceeding Five thousand pounds 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;

“hall of residence” means a hall, college or other establishment administered by a University in a State at which any students of the University reside;

“residential college” means a residential college affiliated with, but not administered by, a University in a State;

“State grants” means moneys paid by a State to a University for university purposes, other than moneys paid in fulfilment of the conditions upon which a payment is or has been made to the State by the Commonwealth under this Act or any other Act;

“the Commission” means the Australian Universities Commission established by the Australian Universities Commission Act 1959;

“University” includes the South Australian Institute of Technology;

“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 and planning and other preparatory work in connexion with proposed courses of study;

“year to which this Part applies” means the year One thousand nine hundred and sixty-one, the year One thousand nine hundred and sixty-two or the year One thousand nine hundred and sixty-three.

(2.) For the purposes of this Part, moneys paid by the State of Tasmania to the Joint Engineering Board of Management (being the Board 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) 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.

(3.) In this Part, a reference to a Schedule shall be read as a reference to a Schedule to this Act.

Grants for recurrent expenditure.

5.—(1.) If the sum of the fees and State grants (not being State grants used for capital expenditure) received during a year to which this Part applies by a University specified in the first column of a Part of the First Schedule is not less than the amount specified opposite to the name of that University in the second column of the Part of that Schedule that is applicable to that year, there is payable under this section, in respect of that year, to the State in which the University is situated, for the purposes of financial assistance, the amount specified opposite to the name of that University in the third column of that Part of that Schedule.

(2.) Subject to the next succeeding section, if the sum of the fees and State grants (not being State grants used for capital expenditure) received during a year to which this Part applies by a University specified in the first column of a Part of the First Schedule exceeds the amount specified opposite the name of that University in the second column of the Part of that Schedule that is applicable to that year, there is payable under this section, in respect of that year, to the State in which the University is situated, for the purposes of financial assistance, in addition to the amount payable under the last preceding sub-section—

(a) where the excess is not less than the amount specified in the fourth column of that Part of that Schedule opposite to the name of that University—the amount specified in the fifth column of that Part of that Schedule opposite to the name of that University; and

(b) in any other case—so much of the amount specified in the fifth column of that Part of that Schedule opposite to the name of that University as bears the same proportion to the amount of the excess as the amount so specified bears to the amount specified in the fourth column of that Part of that Schedule opposite to the name of that University.

(3.) The financial assistance to a State under this section in relation to a University is granted on the conditions that—

(a) the State will, in respect of each payment in respect of that financial assistance and without undue delay, pay to the University an amount equal to that payment; and

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

(4.) In the application of this section in relation to the South Australian Institute of Technology—

(a) the reference in sub-section (1.) of this section to fees and State grants received by a University shall be read as a reference to fees and State grants received by the South Australian Institute of Technology and expended on courses of study at that Institute recognized by the University of Adelaide for the purposes of courses for degrees at that University; and

(b) the reference in paragraph (b) of the last preceding sub-section to university purposes shall be read as a reference to the teaching purposes of the South Australian Institute of Technology that are connected with courses of study referred to in the last preceding paragraph.

Variation in salary rates.

6.—(1.) Subject to this section, the rate of basic professorial remuneration that is the approved rate for the purposes of financial assistance under this Part is Four thousand pounds per annum, being the rate that was, on the twenty-fifth day of October, One thousand nine hundred and sixty, the rate applicable in a majority of the Universities in Australia.

(2.) The Minister may, by instrument under his hand, and either generally or in relation to a particular University or particular Universities, increase the approved rate of basic professorial remuneration for the purposes of financial assistance under this Act and, where he does so, he may, by the same or another instrument, determine that sub-section (2.) of the last preceding section shall operate in relation to a University to which the increase is applicable in respect of the year in which the increase is made or a subsequent year as if the amounts specified opposite to the name of the University in the fourth and fifth columns of the relevant Part or Parts of the First Schedule were increased by such amounts as he considers appropriate having regard to the increase in the approved rate of basic professorial remuneration and to the effect of the adoption of the increased rate on other rates of remuneration paid by the University.

(3.) Where the Minister is satisfied that a University, in a year to which this Part applies, pays basic professorial remuneration at a rate higher than the approved rate for the purposes of financial assistance under this Act, the Minister may, by instrument under his hand, determine that the amount payable under sub-section (2.) of the last preceding section in relation to that University in respect of that year shall be limited to such amount as he considers would have been the amount so payable but for increases in State grants received by the University by reason of the payment of basic professorial remuneration at a rate in excess of the approved rate and by reason of the effect of the adoption of that rate on other rates of remuneration paid by the University.

(4.) Where the Minister signs an instrument under this section, he shall—

(a) forthwith cause a copy of the instrument to be sent to the Premier of each State affected by the instrument; and

(b) cause a copy of the instrument to be laid before each House of the Parliament within seven sitting days of that House after the date of the instrument.

Grants for expenditure on University building projects, &c.

7.—(1.) Subject to this section, if a State grant received by a University specified in the first column of the Second Schedule in the period of three years to which this Part applies was made for the purpose of assisting the University to carry out a project of that University specified opposite to the name of that University in the second column of that Schedule, there is payable under this section, to the State in which the University is situated, for the purposes of financial assistance, an amount equal to the State grant.

(2.) The sum of the amounts payable to a State under the last preceding sub-section in relation to a University shall not exceed the sum of the amounts specified in the third column of the Second Schedule opposite to the descriptions of the projects of that University, and the respective total sums payable to a State under that sub-section in relation to the several projects of a University shall not exceed the amounts respectively specified in that column opposite to the descriptions of those several projects or such other amounts, not exceeding in all the sum of the amounts so specified, as are approved by the Commission.

(3.) If a State grant received by a University specified in the first column of the Second Schedule in the period of three years to which this Part applies was made for the purpose of assisting the University to provide furnishings and equipment, other than fixtures, for a building in relation to which payments have been made under sub-section (1.) of this section to the State in which the University is situated, there is payable under this section, to that State, for the purposes of financial assistance, an amount

equal to that State grant, but so that the sum of the amounts payable to a State under this sub-section in relation to a building shall not exceed five per centum of the sum of the amounts paid to the State in respect of that building under sub-section (1.) of this section.

(4.) The financial assistance to a State under this section in relation to a University is granted on the conditions that—

(a) the State will, in respect of each payment in respect of that financial assistance and without undue delay, pay to the University an amount equal to that payment; and

(b) the State will ensure that—

(i) in the case of an amount so paid in respect of financial assistance under sub-section (1.) of this section, the amount is applied by the University, without undue delay, towards the project in respect of which the payment was made; and

(ii) in the case of an amount so paid in respect of financial assistance under the last preceding sub-section, the amount is applied by the University, without undue delay, towards providing furnishings and equipment, other than fixtures, for the building in relation to which the payment was made.

(5.) So much of a State grant in relation to which a payment of financial assistance is made under sub-section (3.) of this section as does not exceed that payment shall not be taken into account for the purposes of section five of this Act.

(6.) The Commission shall, after consultation with the Universities specified in the Second Schedule, furnish to the Minister, before the thirty-first day of May in each year to which this Act applies, a report on the progress made in the carrying out of the projects specified in that Schedule and as to the work in connexion with those projects that the respective Universities propose to have carried out during the twelve months commencing on the thirtieth day of June in that year.

Special grants for equipment.

8.—(1.) Subject to the next succeeding sub-section, where, in the period of three years to which this Part applies, a University specified in the Third Schedule incurs liability for capital expenditure in relation to an item of equipment, not being expenditure specially approved by the Commission for the purposes of sub-section (3.) of this section, and applies moneys derived from a State grant towards meeting that expenditure, there is payable to the State in which the University is situated, for the purposes of financial assistance, an amount equal to—

(a) one-half of that expenditure; or

(b) the moneys derived from a State grant that are applied towards meeting that expenditure,

whichever is the less.

(2.) The sum of the amounts payable to a State under the last preceding sub-section in relation to a University shall not exceed the amount specified opposite to the name of that University in the Third Schedule.

(3.) Subject to the next succeeding sub-section, where, in the period of three years to which this Part applies, a University specified in the Third Schedule incurs liability for expenditure (whether capital expenditure or not) in the purchase of, or otherwise in connexion with, an item of equipment, being expenditure specially approved by the Commission for the purposes of this sub-section, and the University applies moneys derived from a State grant towards meeting that expenditure, there is payable to the State in which the University is situated, for the purposes of financial assistance, an amount equal to—

(a) one-half of that expenditure; or

(b) the moneys derived from a State grant that are applied towards meeting that expenditure,

whichever is the less.

(4.) The sum of the amounts payable to all States under the last preceding sub-section shall not exceed Two hundred and fifty thousand pounds, and the approvals to be given by the Commission shall be limited accordingly.

(5.) The financial assistance to a State under this section in relation to any expenditure of a University is granted on the conditions that—

(a) the State will, in respect of each payment in respect of that financial assistance and without undue delay, pay to the University an amount equal to that payment; and

(b) the State will ensure that the University promptly discharges any outstanding liability for that expenditure.

(6.) This section does not apply in relation to expenditure of a University that is included in expenditure in relation to which the last preceding section applies.

(7.) So much of a State grant in relation to which a payment of financial assistance is made under this section as does not exceed that payment shall not be taken into account for the purposes of section five of this Act.

Grants for expenditure on residential college buildings.

9.—(1.) Subject to this section, if—

(a) an amount is, during the period of three years to which this Part applies, expended by a residential college

affiliated with a University specified in the Fourth Schedule on the purchase, erection or alteration of a building of the college;

(b) the purpose for which the amount is expended has been approved, for the purposes of this section, by the Commission; and

(c) the State requests the Commonwealth to grant financial assistance under this section in respect of that expenditure,

there is payable to that State, for the purposes of financial assistance, such amount, not exceeding one-half of the amount so expended, as the Commission determines.

(2.) The sum of the amounts payable under the last preceding sub-section in relation to colleges affiliated with a particular University shall not exceed the amount specified in the Fourth Schedule opposite to the name of that University.

(3.) The financial assistance to a State under this section is granted on the condition that the State will, in respect of each payment in respect of that financial assistance and without undue delay, pay to the residential college in relation to which that payment is made an amount equal to that payment.

Recurrent grants in respect of residential colleges and halls of residence.

10.—(1.) There is payable to each State, in respect of each year to which this Part applies, for the purpose of financial assistance in relation to residential colleges and halls of residence, amounts determined in accordance with this section.

(2.) The amount payable to a State under this section in respect of a year in relation to each residential college or hall of residence is the sum of—

(a) Two thousand pounds;

(b) an amount calculated by multiplying Fifteen pounds by the maximum number of students resident at the residential college or hall of residence at any time during that year; and

(c) an amount calculated by multiplying Five pounds by the maximum number of non-resident students receiving tutorial assistance at the residential college or hall of residence at any time during that year.

(3.) The financial assistance to a State under this section in relation to a residential college or hall of residence is granted on the conditions that—

(a) the State will, in respect of each payment in respect of that financial assistance and without undue delay, pay an amount equal to that payment to the body or person administering the residential college, or to the University administering the hall of residence, as the case may be; and

(b) the State will ensure that each amount so paid by the State is used, in the year in which it is paid, for the provision of tutorial assistance to students or for meeting administrative costs of the residential college or hall of residence.

Additional conditions.

11. In addition to the conditions specified in any other provision of this Part, an amount of financial assistance to a State under this Part 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 fulfill 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.

Advances.

12. 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 Part to the State.

Appropriation.

13. Payments to a State under this Part shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Part III.—Amendments of the States Grants (Universities) Act 1958.

Citation.

14.—(1.) In this Part, the States Grants (Universities) Act 1958 is referred to as the Principal Act.

(2.) The Principal Act, as amended by this Part, may be cited as the States Grants (Universities) Act 1958-1960.

Interpretation.

15. Section six of the Principal Act is amended—

(a) by omitting paragraph (a) of the definition of “capital expenditure” in sub-section (1.) and inserting in its stead the following paragraph:—

“(a) expenditure on the purchase of land, with or without buildings, the planning or erection of a building, the development or preparation of land for building or other purposes or the installation of water, electricity, gas and other services as part of a project specified in the Third Schedule; and”; and

(b) by adding at the end of the definition of “university purpose” in sub-section (1.) the words “and planning and other preparatory work in connexion with proposed courses of study”.

Second Schedule.

16. The Principal Act is amended by omitting Part III. of the Second Schedule and inserting in its stead the following Part:—

Part III.

General Grants for Recurrent Expenditure for the Year 1960.

The Third Schedule.

17. The Third Schedule to the Principal Act is amended by omitting the words and figures relating to the Monash University and inserting in their stead the following words and figures:—

THE SCHEDULES.

——

FIRST SCHEDULE.  Section 5.

Part I.

Grants for Recurrent Expenditure for the Year 1961.

Part II.

Grants for Recurrent Expenditure for the Year 1962.

First Schedule—continued.

Part III.

Grants for Recurrent Expenditure for the Year 1963.

SECOND SCHEDULE. Section 7.

Grants for University Building Projects, etc.

Second Schedule—continued.

Second Schedule—continued

Second Schedule—continued.

Second Schedule—continued.

Second Schedule—continued.

Second Schedule:—continued.

THIRD SCHEDULE. Section 8.

Grants for Equipment under Section 8 (l.)

FOURTH SCHEDULE. Section 9.

Grants for Buildings of Residential Colleges.

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