States Grants (Tertiary Education Assistance) Act 1984

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States Grants (Tertiary Education Assistance) Act 1984

- C2004C07042
No longer in force
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Act No. 127 of 1984 as amended, taking into account amendments up to Act No. 2 of 1989

An Act relating to the grant of financial assistance to the States and the Northern Territory with respect to tertiary education

Registered	07 Dec 2009

Start Date	06 Jan 1989
End Date	24 Oct 1996
Date of repeal	22 Sep 1999
Repealed by	Statute Stocktake Act 1999

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STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984
- Reprinted as at 31 January 1993 (HISTACT CHAP 1012 #DATE 31:01:1993)

*1* The States Grants (Tertiary Education Assistance) Act 1984 as shown in this reprint comprises Act No. 127, 1984 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application,
Number and of Assent commencement saving or
year transitional
provisions
States Grants (Tertiary Education Assistance) Act 1984
127, 1984 25 Oct 1984 25 Oct 1984
States Grants (Tertiary Education Assistance) Amendment Act 1985
61, 1985 4 June 1985 4 June 1985 S. 16
States Grants (Tertiary Education Assistance) Amendment Act (No. 3 1985
160, 1985 11 Dec 1985 S. 3 (1):
4 June 1985
Remainder: Royal
Assent S. 21
States Grants (Tertiary Education Assistance) Amendment Act (No. 2)
1985
165, 1985 11 Dec 1985 (a) -
States Grants (Tertiary Education Assistance) Amendment Act 1986
67, 1986 24 June 1986 24 June 1986 S. 11
States Grants (Tertiary Education Assistance) Amendment Act (No. 2)
1986
134, 1986 9 Dec 1986 9 Dec 1986 -
States Grants (Tertiary Education Assistance) Amendment Act (No. 3)
1986
165, 1986 18 Dec 1986 S. 27 (1):
11 Dec 1985
Remainder:
Royal Assent S. 31
States Grants (Tertiary Education Assistance) Amendment Act 1987
36, 1987 5 June 1987 S. 9: 18 Dec 1986
Remainder:
Royal Assent S. 11
States Grants (Tertiary Education Assistance) Amendment Act (No. 2)
1987
124, 1987 16 Dec 1987 16 Dec 1987 S. 14
as
amended
by
62, 1988 15 June 1988 S. 19: 16 Dec 1987
(see s. 2)
Remainder:
Royal Assent -
Employment, Education and Training Act 1988
80, 1988 24 June 1988 1 July 1988
(see Gazette
1988, No. S190) -
Industrial Relations (Consequential Provisions) Act 1988
87, 1988 8 Nov 1988 Ss. 1 and 2:
Royal Assent
Remainder: 1 Mar 1989
(see s. 2 (2) and
Gazette 1989,
No. S53) -
as
amended
by
Industrial Relations Legislation Amendment Act (No. 2) 1990
108, 1990 18 Dec 1990 Ss. 8, 13 and 21:
1 Feb 1991 (see s.
2 (4) and
Gazette 1991,
No. S18)
Ss. 22-24: 1 Mar 1989
S. 26: 1 Jan 1990
S. 33: 25 Mar 1991
(see Gazette 1991,
No. S73)
Remainder:
Royal Assent -
Statutory Instruments (Tabling and Disallowance) Legislation
Amendment Act 1988
99, 1988 2 Dec 1988 2 Dec 1988 -
Higher Education Funding Act 1988
2, 1989 6 Jan 1989 Ss. 97 and 98:
Royal Assent
(b) S. 28 (b)
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 3 am. No. 160, 1985; Nos. 134 and 165, 1986; No.
124, 1987; Nos. 80 and 87, 1988
S. 4 am. No. 165, 1986; No. 124, 1987
Ss. 4A-4C ad. No. 134, 1986
am. No. 165, 1986
S. 4D ad. No. 134, 1986
am. No. 2, 1989
S. 5 am. No. 165, 1985; Nos. 134 and 165, 1986; No.
87, 1988 (as am. by No. 108, 1990)
S. 6 am. No. 160, 1985; No. 165, 1986
S. 7 am. Nos. 61 and 160, 1985; Nos. 67 and 165,
1986; Nos. 36 and 124, 1987
S. 8 am. Nos. 61 and 160, 1985; Nos. 67 and 165,
1986; No. 36, 1987
Ss. 9-11 am. Nos. 61 and 160, 1985; Nos. 67 and 165,
1986; Nos. 36 and 124, 1987
S. 12 am. Nos. 61 and 160, 1985; Nos. 67 and 165,
1986
S. 14 am. Nos. 61 and 160, 1985; Nos. 67 and 165,
1986; Nos. 36 and 124, 1987
S. 15A ad. No. 165, 1986
S. 16 am. No. 134, 1986
S. 17 am. No. 165, 1985; No. 134, 1986
S. 18 am. No. 134, 1986
S. 19 am. No. 160, 1985
rep. No. 165, 1986
Ss. 20-23 am. No. 160, 1985; No. 165, 1986
S. 23A ad. No. 165, 1986
am. No. 124, 1987
S. 24 am. No. 160, 1985; No. 165, 1986
S. 25 am. No. 160, 1985
S. 26 am. No. 165, 1986
S. 31 am. No. 61, 1985; No. 99, 1988
S. 32 am. No. 165, 1985
S. 33 am. No. 160, 1985; No. 165, 1986
S. 34 am. No. 165, 1985
S. 36 am. No. 61, 1985; No. 99, 1988
S. 37 am. No. 160, 1985
S. 38 am. No. 160, 1985; No. 36, 1987
S. 40 am. Nos. 160 and 165, 1985
S. 41 am. Nos. 61 and 160, 1985
S. 42 am. No. 61, 1985; No. 99, 1988
S. 43 am. No. 165, 1986
S. 44 am. No. 160, 1985; No. 165, 1986
S. 46 am. No. 61, 1985; No. 165, 1986
S. 48 am. No. 124, 1987
S. 55 am. No. 134, 1986
Schedules 1-6 rs. Nos. 61 and 160, 1985; Nos. 67 and 165,
1986; Nos. 36 and 124, 1987
Schedule 6A ad. No. 165, 1986
rs. Nos. 36 and 124, 1987
Schedules 7-13 rs. Nos. 61 and 160, 1985; Nos. 67 and 165,
1986; Nos. 36 and 124, 1987
Schedules 14-20 rs. Nos. 61 and 160, 1985; Nos. 67 and 165,
1986; No. 36, 1987
Schedule 20A ad. No. 160, 1985
rs. Nos. 67 and 165, 1986; No. 36, 1987
Schedules 21, 22 rs. Nos. 61 and 160, 1985; Nos 67 and 165,
1986; No. 36, 1987
Schedule 23 rs. Nos. 61 and 160, 1985; Nos. 67 and 165,
1986; Nos. 36 and 124, 1987
Schedule 23A ad. No. 124, 1987 (as am. by No. 62, 1988)

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS Section PART I - PRELIMINARY 1. Short title 2. Commencement 3. Interpretation 4. New teaching developments 4A. Estimate of relevant enrolments 4B. Calculation of amounts of reductions 4C. Adjustments where estimated enrolments not equal to actual enrolments 4D. Amount of charge PART II - RECURRENT GRANTS Division 1 - General recurrent grants 5. Grants for expenditure for university purposes and college purposes 6. Grants for recurrent expenditure of technical and further education institutions 7. Promotion of equality of opportunity 8. Recurrent grants may be increased to assist institutions in promoting greater participation of Aboriginals in tertiary education 9. Special assistance for students 10. Key centres of teaching and research 11. Recurrent grants may be increased to assist institutions in meeting certain superannuation expenses 12. Recurrent grants in respect of student residences and affiliated colleges Division 2 - Special grants for universities 13. Special research grants 14. Special research centres 15. Recurrent grants in respect of teaching hospitals Division 3 - Special grants for advanced education 15A. Grants for expenditure in connection with the provision of courses of advanced education in institutes of tertiary education 16. Grants for expenditure in connection with the provision of courses of advanced education in technical and further education institutions 17. Grants to Northern Territory for recurrent expenditure in respect of courses of advanced education etc. 18. Grants for courses of teacher education provided by non-government teachers colleges Division 4 - Special grants in relation to technical and further education 20. Grants for special courses 21. Grants for special services 22. Quality improvement grants 23. Management grants 23A. Traineeship grants 24. Conditions attaching to grants for technical and further education 25. Grants for adult education provided by non-government bodies Division 5 - Variations of Schedules 26. Variations of amounts specified in certain Schedules relating to recurrent expenditure for universities and advanced education 27. Variations of amounts specified in Schedule relating to recurrent expenditure in relation to technical and further education 28. Variations of amounts specified in Schedule relating to special research grants 29. Variations of amounts specified in certain Schedules relating to special grants for technical and further education 30. Variations of amounts specified in Schedule relating to adult education 31. Variations affecting State entitlements to grants PART III - EQUIPMENT GRANTS 32. Equipment grants for universities, colleges of advanced education and non-government teachers colleges 33. Equipment grants for technical and further education 34. Equipment grants for Northern Territory tertiary education institutions 35. Variation of amounts specified in certain Schedules relating to equipment grants 36. Variations affecting State entitlements to grants PART IV - BUILDING GRANTS 37. Approval of, and directions relating to, additional building projects 38. Major building projects 39. Minor building projects 40. Conditions attaching to building grants 41. Variation of certain Schedules relating to building projects 42. Variations affecting State entitlements to grants PART V - NON-GOVERNMENT BUSINESS COLLEGES 43. Approvals by Minister 44. Grants for approved courses provided by non-government business colleges PART VI - MISCELLANEOUS 45. Benefits of, and opportunities created by, grants to be equally available to male students and female students 46. Additional conditions etc. 47. Time and manner of payments 48. Delegation 49. Advances 50. Payments may be made out of the Consolidated Revenue Fund or the Loan Fund 51. Authority to borrow 52. Application of moneys borrowed 53. Reimbursement of Consolidated Revenue Fund from Loan Fund 54. Appropriation 55. Report by Minister PART VII - AMENDMENTS OF THE STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1981 56. Principal Act 57. Recurrent grants in respect of student residences and affiliated colleges 58. Recurrent grants in respect of student residences and affiliated colleges 59. Grants for courses of teacher education provided by non-government teachers colleges 60. Grants for community language courses 61. Recurrent grants may be increased to assist institutions in meeting certain superannuation expenses 62. Recurrent grants may be increased to assist institutions to meet expenses due to increased enrolments in 1984 63. Substitution of Schedules 64. Payments made before Royal Assent SCHEDULE 1 GRANTS AVAILABLE FOR EXPENDITURE BY UNIVERSITIES ON UNIVERSITY PURPOSES SCHEDULE 2 SPECIAL PURPOSE IN RELATION TO GRANTS FOR EXPENDITURE BY UNIVERSITIES ON UNIVERSITY PURPOSES SCHEDULE 3 GRANTS AVAILABLE FOR EXPENDITURE BY COLLEGES OF ADVANCED EDUCATION ON COLLEGE PURPOSES SCHEDULE 4 GRANTS FOR RECURRENT EXPENDITURE IN CONNECTION WITH TECHNICAL AND FURTHER EDUCATION SCHEDULE 5 SPECIAL RESEARCH GRANTS FOR UNIVERSITIES SCHEDULE 6 GRANTS FOR RECURRENT EXPENDITURE OF TEACHING HOSPITALS OF UNIVERSITIES SCHEDULE 6A GRANTS AVAILABLE FOR RECURRENT EXPENDITURE BY INSTITUTES OF TERTIARY EDUCATION SCHEDULE 7 GRANTS FOR EXPENDITURE BY STATES ON PROVISION OF COURSES OF ADVANCED EDUCATION IN TECHNICAL AND FURTHER EDUCATION INSTITUTIONS SCHEDULE 8 GRANTS FOR EXPENDITURE BY THE NORTHERN TERRITORY ON ADVANCED EDUCATION PURPOSES SCHEDULE 9 GRANTS AVAILABLE FOR EXPENDITURE BY NON-GOVERNMENT TEACHERS COLLEGES SCHEDULE 10 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 11 GRANTS FOR SPECIAL SERVICES IN CONNECTION WITH TECHNICAL AND FURTHER EDUCATION SCHEDULE 12 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 13 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 GRANTS FOR PROGRAMS OF NON-GOVERNMENT ADULT EDUCATION RELATED TO TECHNICAL AND FURTHER EDUCATION SCHEDULE 15 GRANTS FOR EQUIPMENT FOR UNIVERSITIES SCHEDULE 16 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 17 GRANTS FOR EQUIPMENT FOR TECHNICAL AND FURTHER EDUCATION INSTITUTIONS SCHEDULE 18 GRANTS FOR SPECIFIED BUILDING PROJECTS OF UNIVERSITIES SCHEDULE 19 GRANTS FOR SPECIFIED BUILDING PROJECTS OF COLLEGES OF ADVANCED EDUCATION SCHEDULE 20 GRANTS FOR BUILDING PROJECTS AT TECHNICAL AND FURTHER EDUCATION INSTITUTIONS SCHEDULE 20A GRANTS FOR SPECIFIED BUILDING PROJECTS OF INSTITUTES OF TERTIARY EDUCATION SCHEDULE 21 GRANTS FOR MINOR BUILDING PROJECTS OF UNIVERSITIES APPROVED BY THE COMMISSION SCHEDULE 22 PART I - GRANTS FOR MINOR BUILDING PROJECTS OF COLLEGES OF ADVANCED EDUCATION APPROVED BY THE COMMISSION PART II - GRANTS FOR BUILDING PROJECTS OF NON-GOVERNMENT TEACHERS COLLEGES SCHEDULE 23 MAXIMUM MONTHLY CAPITATION AMOUNT OF COMMONWEALTH ASSISTANCE TO NON-GOVERNMENT BUSINESS COLLEGES SCHEDULE 23A PROVISIONS WHERE REFERENCES TO THE COMMISSION ARE TO BE READ AS REFERENCES TO THE MINISTER SCHEDULES 24 TO 28 AMENDMENTS TO THE STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1981

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - LONG TITLE

SECT

An Act relating to the grant of financial assistance to the
States and the Northern Territory with respect to
tertiary education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART I
PART I - PRELIMINARY

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 1
Short title

SECT

1. This Act may be cited as the States Grants (Tertiary Education Assistance) Act 1984.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 2
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 3
Interpretation

SECT

3.*2* (1) In this Act, unless the contrary intention appears:
"Aboriginal" means a member of the Aboriginal race of Australia, and includes a descendant of the indigenous inhabitants of the Torres Strait Islands;
"Academic Salaries Tribunal" means the Tribunal established under that name by section 12B of the Remuneration Tribunals Act 1973;
"affiliated college", in relation to a university or college of advanced education, means a residential college (not being a student residence) affiliated with the university or college, as the case may be, and approved by the Commission, for the purpose of this Act, as an affiliated college;
"approved authority" means:
(a) in relation to a non-government teachers college - such person or body as the Minister declares to be the approved authority of that college for the purposes of this Act; and
(b) in relation to a non-government business college - such person or body as the Minister declares to be the approved authority of that college for the purposes of this Act;
"approved form" means a form approved by the Commission;
"building project" means:
(a) the purchase of land, with or without buildings;
(b) the designing, erection, alteration or extension of a building or other facilities;
(c) the development or preparation of land for building or other purposes; or
(d) the installation of water, electricity or other services;
"business college" means a college or similar institution, whether incorporated or unincorporated, providing courses of instruction in secretarial studies, but does not include a particular college or institution that provides such courses if the Minister:
(a) is notified by the State Tertiary Education Minister for a State that the college or institution is not recognized by the State Tertiary Education Minister as a business college; and
(b) does not approve the college or institution as a business college for the purposes of this Act;
"business college census date", in relation to a month of the year 1985, means the date in that month declared by the Minister, by notice published in the Gazette, to be the business college census date for that month;
"capital expenditure" means expenditure on a building project;
"charge" means higher education administration charge;
"college of advanced education" means an institution specified in Schedule 3;
"college purposes", in relation to a college of advanced education, means:
(a) the general teaching purposes of the college in connection with courses of advanced education provided at the college, including preparatory work in connection with proposed courses of advanced education to be provided at the college;
(b) the provision by the college of courses of continuing education in accordance with a program of continuing education of the college that is approved by the responsible authority for the State in which the college is situated; and
(c) building projects of the college, not being building projects involving the purchase of land, in relation to each of which the total expenditure does not exceed $70,000 or an amount equal to 0.25% of the amount specified in Schedule 3 in relation to the college and to the year in which work on the project was commenced, whichever is the lesser amount;
"collegiate accommodation", in relation to a university, college of advanced education or non-government teachers college, means residential accommodation (including related facilities) for students of the university or college, as the case requires, being accommodation that, having regard to the facilities and services provided for the students, is, in the opinion of the Commission, of a collegiate nature;
"commencing day" means the day on which this Act receives the Royal Assent;
"course of advanced education", in relation to a relevant institution, means a course of study:
(a) that is accredited or provisionally accredited by the authority for the State in which the relevant institution is situated that is responsible for the accreditation of advanced education courses; and
(b) that is undertaken for the purpose of obtaining an award of the relevant institution, or of another relevant institution, of a kind determined by the Minister, on the recommendation of the Commission, to be an award to which this definition applies;
and includes a course of instruction provided by the relevant institution to persons for the purpose of enabling those persons to undertake, at the relevant institution or another relevant institution, a course of study of a kind to which paragraph (a) or (b) applies;
"course of instruction in secretarial studies" means a course of instruction in:
(a) shorthand;
(b) typing; or
(c) shorthand and typing;
together with other subjects suitable for preparing persons to perform secretarial duties;
"course of study", in relation to a university, includes a course of instruction provided by the university to persons for the purpose of enabling those persons to undertake a course of study provided by the university;
"course of teacher education" means a course of instruction that is accredited or provisionally accredited by the responsible authority for the State as a course of teacher education and that is provided by way of professional training for persons intending to become primary school teachers or secondary school teachers;
"enrolment" includes re-enrolment;
"fees", in relation to a relevant institution, means tuition, examination or other fees payable to the relevant institution by a student enrolled at, or applying for enrolment at, the relevant institution in connection with a course of study or attendance at the relevant institution, and includes fees payable to the relevant institution in respect of the granting of a degree, diploma or other award (including a qualification relating to a trade, technical or other skilled occupation) but does not include:
(a) fees the payment of which is voluntary;
(b) fees payable in respect of an organization of students, or of students and other persons, or in respect of the provision to students of amenities or services that are not of an academic nature;
(c) fees payable in respect of residential accommodation;
(ca) fees imposed in accordance with guidelines determined by the Minister, by notice in writing published in the Gazette, for the imposition of fees in respect of overseas students;
(d) in a case where the relevant institution is a university, college of advanced education or non-government teachers college - fees payable in connection with attendance for the purposes of studies (not being a course of instruction provided by a university or college of advanced education to persons for the purpose of enabling those persons to undertake a course of study provided by the university or a course of advanced education provided by the college) that are not required or permitted to be undertaken for the purpose of obtaining a degree, diploma or other award of the relevant institution;
(e) in a case where the relevant institution is an institute of tertiary education, a technical and further education institution or a Northern Territory tertiary education institution - fees payable in connection with, or in connection with attendance for the purposes of:
(i) studies that are not, or are not preparatory to, studies
for the purposes of obtaining a qualification relating to a trade, technical or other skilled occupation; or
(ii) studies that are not required or permitted to be
undertaken in relation to a course of advanced education provided by the relevant institution; or
(f) fees of a kind that are incidental to studies that may be undertaken at relevant institutions and that the Minister, by writing signed by the Minister and notified to each State Tertiary Education Minister, declares to be fees of a kind to which this paragraph applies;
"institute of tertiary education" means an institution situated in a State, or a proposed institution to be situated in a State, that is specified in Schedule 6A;
"minor building project" means a building project included in a class of building projects determined by the Minister to be a class of minor building projects;
"non-government business college" means a business college in a State that is not established by the Government of the State or conducted by or on behalf of the Government of the State, but does not include a business college conducted for the profit, direct or indirect, of an individual or individuals;
"non-government teachers college" means Avondale College or McAuley College;
"Northern Territory tertiary education institution" means an institution that is situated in the Northern Territory and at which courses of advanced education are, or technical and further education is, provided;
"prescribed staff", in relation to a university or college of advanced education, means:
(a) the members of the staff (whether employed on a full-time or part-time basis) of the university or college:
(i) who are employed by the university or college wholly or
principally in teaching or research or in both teaching and research; or
(ii) to whom persons referred to in subparagraph (i) are
responsible in relation to the teaching or research in which they are employed;
but does not include members of the staff employed wholly or principally in support of other members of the staff who are employed in teaching or research; and
(b) those senior officers of the university or college in respect of whom the Academic Salaries Tribunal has recommended rates of salaries in a report or reports of a kind referred to in paragraph 12D (2) (c) of the Remuneration Tribunals Act 1973, or those officers of the university or college whose rates of salaries are the subject of an inquiry and report under subsection 6 (2A) of the Remuneration Tribunal Act 1973;
"previous Assistance Act" means the States Grants (Tertiary Education Assistance) Act 1981;
"qualified accountant" means:
(a) a person who is registered as a company auditor or a public accountant under a law in force in a State or Territory;
(b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or
(c) a person approved by the Commission as a qualified accountant for the purposes of this Act;
"qualified auditor" means, in relation to the furnishing of a statement for the purposes of a condition of a grant of financial assistance to a State under this Act:
(a) the Auditor-General of the State; or
(b) a qualified accountant;
"recurrent expenditure" means expenditure that is not capital expenditure;
"relevant enrolment" means the enrolment of a person at a relevant institution to undertake a course or a part of a course, being a course the completion of which leads to the granting of a degree, diploma or other award of the institution (whether or not that course or that part of that course is undertaken for the purpose of obtaining such an award), but does not include:
(a) the enrolment of a person in a course of technical and further education;
(b) the enrolment of a person who is an overseas student within the meaning of the Overseas Students Charge Act 1979 to undertake such a course or part of such a course where the institution imposes a fee of the kind referred to in paragraph (ca) of the definition of "fees" in relation to that course or that part of that course;
(c) the enrolment of a person to undertake such a course or part of such a course during a year at a relevant institution where the person has already enrolled in such a course or part of such a course in respect of that year at the institution, being another course in respect of which charge was imposed in respect of that year;
(d) the enrolment of a person who is in receipt of a pension, benefit or allowance from the Commonwealth, being a person included in a class of persons specified by the Minister for the purposes of this paragraph by notice in writing published in the Gazette;
(e) the enrolment of a person to undertake part of such a course during a year at a relevant institution where that enrolment is required for the purposes of another course being undertaken by the person at another relevant institution, being another course in respect of which charge was imposed in respect of that year; or
(f) the enrolment of a person to undertake such a course at a relevant institution where the institution provides a scholarship to the person to undertake that course, being a scholarship that entitles the person to an amount by way of living allowance of at least $1,000 per annum, not including any amount payable in respect of the person's dependants;
"relevant institution" means:
(a) a university, college of advanced education, technical and further education institution, institute of tertiary education or non-government teachers college that is situated in a State; or
(b) a Northern Territory tertiary education institution;
"State Tertiary Education Minister" means:
(a) in relation to a State - the Minister of the Crown for the State who is responsible, or principally responsible, for the administration of matters relating to tertiary education in that State; and
(b) in relation to the Northern Territory - the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to tertiary education in the Northern Territory;
"student residence" means:
(a) in relation to a university - a hall, college or other establishment at which any students of the university reside, being an establishment:
(i) administered by the university or by a body corporate
established by the university; and
(ii) approved by the Commission, for the purposes of this Act,
as a student residence; and
(b) in relation to a college of advanced education or non-government teachers college - a hall, college or other establishment at which any students of the college reside, being an establishment:
(i) administered by:
(A) the college or the body administering the college; or
(B) a body established by the college or by the body
administering the college; and
(ii) approved by the Commission, for the purposes of this Act,
as a student residence;
"teaching hospital", in relation to a university, includes a hospital in which students enrolled in the Faculty of Medicine, or School of Medicine, of the university receive clinical instruction;
"technical and further education" means education provided by way of a course of instruction or training:
(a) that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or
(b) that otherwise meets the educational needs of persons who are not enrolled in a full-time course of primary or secondary education at a school;
but does not include education by way of a course of study that is, for the purposes of this Act, a course of advanced education;
"technical and further education institution" means:
(a) an institution (other than a university or school), situated in a State, that provides technical and further education, being an institution conducted by, or on behalf of, the Government of the State; or
(b) an institution situated in a State, or a proposed institution to be situated in a State, that is specified in a direction for the time being in force under section 5 of the Employment, Education and Training Act 1988;
"university" means an institution specified in Schedule 1;
"university purposes", in relation to a university, means:
(a) the general teaching purposes of the university in connection with courses of study provided by that university, including preparatory work in connection with proposed courses of study to be provided by the university;
(b) the general research purposes of the university; and
(c) building projects of the university, not being building projects that involve the purchase of land, in relation to each of which the total expenditure does not exceed $70,000 or an amount equal to 0.25% of the amount specified in Schedule 1 in relation to the university and to the year in which work on the project was commenced, whichever is the lesser amount;
"year to which this Act applies" means any one of the years 1985, 1986 and 1987.

(2) Where a building project consists of, or includes, the erection, alteration or extension of a building, that project shall be deemed to include:
(a) unless paragraph (b) applies - the provision of furnishings for the building, or for the altered parts or the extensions of the building, as the case may be; or
(b) in a case where the building project is a building project of a technical and further education institution - the provision of furnishings and equipment for the building, or for the altered parts or the extensions of the building, as the case may be.

(3) Without limiting the generality of subsection (2), where a building project by way of the erection, alteration or extension of a building is undertaken in connection with the establishment of a library at a technical and further education institution, the project shall be deemed to include the provision of books and other library materials required for the establishment of the library.

(4) In this Act, unless the contrary intention appears:
(a) a reference to a report of the Academic Salaries Tribunal shall be read as a reference to a report of that Tribunal of a kind referred to in paragraph 12C (b), 12D (2) (c), 12DB (2) (b), 12DB (3) (a) or 12DC (1) (b) of the Remuneration Tribunals Act 1973; and
(b) a reference to a State shall be read as including a reference to the Northern Territory.

(5) For the purposes of this Act, the Darwin Institute of Technology shall be deemed to be an institution conducted on behalf of the Government of the Northern Territory.

(6) For the purposes of this Act:
(a) a State shall be deemed to have paid moneys to a college of advanced education that is not a body corporate if it has paid those moneys to the body administering that college; and
(b) a college of advanced education that is not a body corporate shall be deemed to have done any act or thing that is required or permitted by this Act to be done if the body administering the college has done that act or thing.

(6A) For the purposes of this Act:
(a) a State shall be deemed to have paid moneys to an institute of tertiary education that is not a body corporate if it has paid those moneys to the body administering that institute; and
(b) an institute of tertiary education that is not a body corporate shall be deemed to have done any act or thing that is required or permitted by this Act to be done if the body administering the institute has done that act or thing.

(7) Where:
(a) a State proposes to establish a college of advanced education;
(b) the name of the proposed college is specified in a Schedule to this Act; and
(c) a college under that name has not been established or a body has not been established to administer the proposed college;
then, for the purposes of this Act:
(d) there shall be deemed to be in existence a college of advanced education under that name;
(e) the State shall be deemed to have paid moneys to the college if it has paid those moneys to such person or body as the Minister determines to be the appropriate authority in relation to the college for the purposes of this Act; and
(f) the college shall be deemed to have done any act or thing that is required or permitted by this Act to be done if the appropriate authority in relation to the college has done that act or thing.

(7A) Where:
(a) a State proposes to establish an institute of tertiary education;
(b) the name of the proposed institute is specified in a Schedule to this Act; and
(c) an institute under that name has not been established or a body has not been established to administer the proposed institute;
then, for the purposes of this Act:
(d) there shall be deemed to be in existence an institute of tertiary education under that name;
(e) the State shall be deemed to have paid moneys to the institute if it has paid those moneys to such person or body as the Minister determines to be the appropriate authority in relation to the institute for the purposes of this Act; and
(f) the institute shall be deemed to have done any act or thing that is required or permitted by this Act to be done if the appropriate authority in relation to the institute has done that act or thing.

(8) Where the Minister is satisfied that an institution, being a university, college of advanced education or technical and further education institution, that is known by a name other than a name specified in a Schedule to this Act is substantially identical with an institution specified in a Schedule to this Act, the Minister may, in the Minister's discretion and with the approval of the State in which the first-mentioned institution is situated, declare that the Minister is so satisfied, and, upon the making of the declaration, the first-mentioned institution shall, for the purposes of this Act, be deemed to be the institution so specified in that Schedule.

(9) Where, for university purposes or for college purposes, a university or college of advanced education makes provision, not inconsistent with actuarial principles, in the accounts (including the journals and ledgers) of the university or college for future or contingent liabilities in respect of superannuation payments or long service leave, the university or college shall be taken, for the purposes of this Act, to have expended the amount of that provision for university purposes or college purposes, as the case requires, in respect of the year in which that provision is made.

(10) Any declaration, approval, determination, direction or notification made or given by the Minister under, or for the purposes of, this Act shall be made or given in writing.

(11) For the purposes of the definition of "relevant enrolment" in subsection (1), where the enrolment of a person to undertake a course at a relevant institution entitles the person to undertake a part of that course in more than one year, the person shall be deemed to become enrolled to undertake that course in respect of each year in which the person undertakes a part of that course.

(12) A reference in this Act to the Minister exercising a power on the recommendation of the Commission or after obtaining the advice of the Commission shall be read, on and after the commencement of this section, as a reference to the Minister exercising the power whether on the recommendation of the Commission or otherwise and whether or not the Minister has obtained the advice of the Commission.

(13) A reference in a provision set out in Schedule 24 to this Act to the Commission shall be read, on and after the commencement of this section, as a reference to the Minister. *2* S. 3 (8) - Paragraph 3 (2) (f) of the States Grants (Tertiary Education Assistance) Amendment Act (No. 3) 1985 provides as follows:
"(f) by omitting from subsection (8) 'or technical and further education institute' and substituting ', technical and further education institution or institute of tertiary education'."
The proposed amendment was misdescribed and is not incorporated in this reprint.


STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4 
New teaching developments 

SECT

  4. (1) Where the Commission is satisfied that the provision, in a year to
which this Act applies, at a relevant tertiary education institution, being a
university, of any of the courses of study included in a class of courses of
study would involve a new teaching development, the Commission may declare
that class to be a class of courses of study to which this subsection applies.
  (2) Where the Commission is satisfied that the provision, in a year to which
this Act applies, at a relevant tertiary education institution other than a
university, of any courses of advanced education included in a class of
courses of advanced education would involve a new teaching development, the
Commission may declare that class to be a class of courses of advanced
education to which this subsection applies.
  (3) The Minister may, on the recommendation of the Commission under
subsection (1), declare a class of courses of study to be a class of courses
of study to which subsection (1) applies.
  (4) The Minister may, on the recommendation of the Commission under
subsection (2), declare a class of courses of advanced education to be a class
of courses of advanced education to which subsection (2) applies.
  (5) The Commission may, in its discretion:

  (a) determine that it does not approve, for the purpose of grants of
financial assistance under this Act, the provision at a relevant tertiary
education institution, being a university, of a relevant course of study that
has been introduced, or that is proposed to be introduced, by that institution
in a year to which this Act applies; or

  (b) determine that it does not approve, for the purpose of grants of
financial assistance under this Act, the provision at a relevant tertiary
education institution other than a university of a relevant course of advanced
education that has been introduced, or that is proposed to be introduced, at
that institution in a year to which this Act applies;

and may revoke such a determination.
  (6) As soon as practicable after the Commission makes or revokes a
determination under subsection (5) relating to the provision of a relevant
course of study or a relevant course of advanced education, as the case
requires, at a relevant tertiary education institution, the Commission shall
give notice of the making or revocation of the determination:

  (a) in a case where the relevant tertiary education institution is a
university situated in a State - to the university;

  (b) in a case where the relevant tertiary education institution is a college
of advanced education or an institute of tertiary education situated in a
State - to the authority responsible, or principally responsible, for
co-ordination of advanced education in the State;

  (c) in a case where the relevant tertiary education institution is a
technical and further education institution situated in a State - to the
instrumentality of the State responsible, or principally responsible, for
technical and further education in the State; and

  (d) in a case where the relevant tertiary education institution is a
Northern Territory tertiary education institution - to the instrumentality of
the Northern Territory responsible, or principally responsible, for tertiary
education in the Northern Territory.
  (7) For the purposes of this Act, a determination under subsection (5)
relating to the provision of a relevant course of study or a relevant course
of advanced education, as the case requires, at a relevant tertiary education
institution shall be deemed to come into force when notice of the making of
the determination has been given:

  (a) in the case of a notice given under subsection (6) to a university
referred to in paragraph (6) (a) - to the university referred to in that
paragraph;

  (b) in the case of a notice given under subsection (6) in relation to a
college of advanced education or institute of tertiary education referred to
in paragraph (6) (b) - to the authority referred to in that paragraph;

  (c) in the case of a notice given under subsection (6) in relation to a
technical and further education institution referred to in paragraph (6) (c) -
to the instrumentality referred to in that paragraph; and

  (d) in the case of a notice given under subsection (6) in relation to a
Northern Territory tertiary education institution referred to in paragraph (6)
(d) - to the instrumentality of the Northern Territory referred to in that
paragraph.
  (8) As soon as practicable after the Minister makes a declaration under
subsection (3) or (4), the Minister shall cause copies of the declaration to
be furnished:

  (a) in the case of a declaration under subsection (3) - to the State
Tertiary Education Minister for each State, other than the Northern Territory;
or

  (b) in the case of a declaration under subsection (4) - to the State
Tertiary Education Minister for each State.
  (9) In this section, unless the contrary intention appears:

  "relevant course of advanced education" means a course of advanced education
included in a class of courses of advanced education that is declared, in a
declaration in force under subsection (4), to be a class of courses of
advanced education to which subsection (2) applies;

  "relevant course of study" means a course of study included in a class of
courses of study that is declared, in a declaration in force under subsection
(3), to be a class of courses of study to which subsection (1) applies;

  "relevant tertiary education institution" means:

  (a) a university that is situated in a State;

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

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

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

  (d) a Northern Territory tertiary education institution at which courses of
advanced education are provided.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4A
Estimate of relevant enrolments

SECT

4A. (1) The Minister shall, before 31 December in the year 1986 and in each subsequent year, after obtaining the advice of the Commission:
(a) by instrument in writing, estimate the number of relevant enrolments in respect of the year immediately following that 31 December at each relevant institution to which section 5, 15A, 16 or 18 applies; and
(b) by instrument in writing, estimate the number of relevant enrolments in respect of the year immediately following that 31 December at Northern Territory tertiary education institutions.

(2) Where:
(a) the Minister has made an estimate under subsection (1) of the number of relevant enrolments at a relevant institution situated in a State, or at Northern Territory tertiary education institutions, in respect of a year; and
(b) the Minister, after obtaining the advice of the Commission, is satisfied that there will be a significant difference between the number of enrolments so estimated and the number that is likely to be the number of actual enrolments at that relevant institution or at those Northern Territory tertiary education institutions, as the case may be, in respect of that year;
the Minister may, before the end of that year, by instrument in writing, revise the estimate so made and, where the Minister revises such an estimate, that revised estimate shall, for the purposes of this Act, be deemed to have been an estimate made by the Minister under subsection (1).

(3) The Minister shall, as soon as practicable after making an estimate under subsection (1) or revising such an estimate under subsection (2), give a copy of the estimate or revised estimate to the State Tertiary Education Minister of the State or Territory to which the estimate relates.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4B
Calculation of amounts of reductions

SECT

4B. (1) The amount of the reduction to be calculated in relation to a State for the year 1987 under subsection 5 (1) or (2), 15A (1), 16 (1) or 18 (1) in relation to a relevant institution situated in the State is the amount obtained by multiplying the number of relevant enrolments at the institution estimated by the Minister under section 4A in respect of that year by 90% of the amount of charge applicable to that year under section 4D.

(2) The amount of the reduction to be calculated in relation to the Northern Territory for the year 1987 under subsection 17 (1) is the amount obtained by multiplying the number of relevant enrolments at Northern Territory tertiary education institutions estimated by the Minister under section 4A in respect of that year by 90% of the amount of charge applicable to that year under section 4D.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4C
Adjustments where estimated enrolments not equal to actual enrolments

SECT

4C. (1) In this section:
"actual enrolment number", in relation to the year 1987 or a subsequent year, means:
(a) in the case of a relevant institution situated in a State - the actual number of relevant enrolments at the institution in respect of that year; or
(b) in the case of the Northern Territory - the actual number of relevant enrolments at Northern Territory tertiary education institutions in respect of that year;
"estimated enrolment number", in relation to the year 1987 or a subsequent year, means:
(a) in the case of a relevant institution situated in a State - the number of relevant enrolments at the institution estimated by the Minister under section 4A in respect of that year; or
(b) in the case of the Northern Territory - the number of relevant enrolments at Northern Territory tertiary education institutions estimated by the Minister under section 4A in respect of that year.

(2) If the actual enrolment number in relation to a relevant institution situated in a State in relation to a year is less than the estimated enrolment number in relation to that institution in relation to that year, there is payable to the State in relation to that institution the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4D.

(3) If the actual enrolment number in relation to Northern Territory tertiary education institutions in relation to a year is less than the estimated enrolment number in relation to Northern Territory tertiary education institutions in relation to that year, there is payable to the Northern Territory the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4D.

(4) Payment of an amount to a State under subsection 5 (1) or (2), 15A (1), 16 (1) or 18 (1) in relation to a relevant institution in respect of the year 1987 is subject to the additional condition that, if the estimated enrolment number in relation to that institution is less than the actual enrolment number in relation to that institution, the State will pay to the Commonwealth the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4D.

(5) Payment of an amount to the Northern Territory under subsection 17 (1) in respect of the year 1987 is subject to the additional condition that, if the estimated enrolment number in relation to Northern Territory tertiary education institutions is less than the actual enrolment number in relation to Northern Territory tertiary education institutions, the Northern Territory will pay to the Commonwealth the amount obtained by multiplying the difference between those numbers by 90% of the amount of charge applicable to that year under section 4D.

(6) An amount payable to a State under subsection (2) in relation to a relevant institution, or an amount payable to the Northern Territory under subsection (3), in respect of a year may be added to a grant to the State in relation to that institution, or to a grant to the Northern Territory in relation to Northern Territory tertiary education institutions, as the case may be, in respect of the subsequent year.

(7) An amount payable by a State or the Northern Territory to the Commonwealth in accordance with the condition referred to in subsection (4) or (5) in respect of a year may be deducted from:
(a) in the case of a State - a grant to the State in respect of the subsequent year in relation to the institution in respect of which the amount became payable; or
(b) in the case of the Northern Territory - a grant to the Northern Territory in respect of the subsequent year in relation to Northern Territory tertiary education institutions.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4D
Amount of charge

SECT

4D. (1) In this section:
"estimated index number", in relation to a March quarter in a year, means the number estimated by the Commission under subsection (3) for that quarter;
"index number", in relation to a quarter, means the General Salaries Index number published by the Commission for that quarter;
"year to which this section applies" means the year 1988.

(2) If at any time, whether before or after the commencement of this section, the Commission has changed or changes the reference base for the General Salaries Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.

(3) The Commission shall, before 31 December in the year 1986 and in the year 1987:
(a) make an estimate of the index number for the March quarter in the subsequent year; and
(b) cause to be published in the Gazette a notice specifying the index number so estimated and, in the case of an estimate for the year 1988 or a subsequent year, specifying the amount of charge for each relevant enrolment in respect of that year.

(4) The amount of charge for each relevant enrolment in respect of the year 1987 is $250.

(5) The amount of charge for each relevant enrolment in respect of a year to which this section applies is:
(a) subject to paragraph (b), the amount ascertained by multiplying by the factor calculated under subsection (6) in relation to that year:
(i) in a case to which subparagraph (ii) does not apply -
$250; or
(ii) if, by virtue of another application of this section, an
amount other than $250 was the amount of charge for each relevant enrolment in respect of the preceding year - that other amount; or
(b) if an amount calculated under paragraph (a) includes a number of cents - the amount so calculated disregarding the cents.

(6) The factor to be ascertained for the purposes of subsection (5) in relation to a year to which this section applies is:
(a) the number, calculated to 3 decimal places, ascertained by dividing the estimated index number for the March quarter in that year by the estimated index number for the March quarter in the preceding year; or
(b) if the number so ascertained would, if it were calculated to 4 decimal places, end in a number greater than 4 - the number so ascertained increased by 0.001.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART II
PART II - RECURRENT GRANTS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 1
Division 1 - General recurrent grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 5
Grants for expenditure for university purposes and college purposes

SECT

5. (1) In relation to each university specified in Column 1 of Schedule 1, there is payable to the State in which the university is situated, for the purposes of financial assistance in relation to the expenditure of the university for university purposes in respect of a year to which this Act applies, the amount specified in that Schedule in relation to the university and to that year reduced, in the case of the year 1987, by the amount calculated under section 4B in relation to the university.

(2) In relation to each college of advanced education specified in Column 1 of Schedule 3, there is payable to the State in which the college is situated, for the purposes of financial assistance in relation to the expenditure of the college for college purposes in respect of a year to which this Act applies, the amount specified in that Schedule in relation to the college and to that year reduced, in the case of the year 1987, by the amount calculated under section 4B in relation to the college.

(3) Financial assistance is granted to a State under subsection (1) or (2) in relation to a university or college 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 university or college without undue delay;
(b) the State will ensure that the sum of the amounts expended by the university for university purposes, or by the college for college purposes, in respect of that year is not less than the amount specified in Schedule 1 in relation to the university in respect of that year or the amount specified in Schedule 3 in relation to the college in respect of that year, as the case may be;
(c) the State will ensure that each university and college of advanced education situated in the State does not charge any student fees in respect of that year or a part of that year;
(ca) the State will ensure that each university and college of advanced 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;
(d) the State will ensure that the university or college 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 of the university for university purposes, or the expenditure of the college for college purposes, in respect of that year accompanied by a certificate, in accordance with the approved form, by the auditor:
(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, or the Remuneration 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, or the Australian Industrial Relations Commission established under the Industrial Relations Act 1988, 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
(ii) if the auditor is not so satisfied - certifying, in
respect of each of those categories or classes of persons in respect of which the auditor is not so satisfied, the rate or scale of rates at which salary was paid, in respect of that year or that part of that year, to the prescribed staff of the university or college comprising that category or class; and
(e) the State will cause to be furnished to the Commission by the university or college, not later than such date as the Commission specifies, such statistical and other information as the Commission requires from the university or college in respect of the provision of tertiary education by the university or college during that year.

(4) Where a determination is made under subsection 4 (5) in relation to the provision of a course of study at a university or the provision of a course of advanced education at a college of advanced education, 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 university or college, in connection with the provision of the course, that is incurred by the university or college while the determination is in force shall not be treated as:
(a) expenditure by the university for university purposes in the application of subsections (3), (6) and (8) of this section to and in relation to financial assistance granted to the State in which the university is situated in relation to the university; or
(b) expenditure by the college for college purposes in the application of subsections (3), (10) and (12) of this section to and in relation to financial assistance granted to the State in which the college is situated in relation to the college.

(5) Where a purpose is specified in Column 2 of Schedule 2 in relation to a university specified in Column 1 of that Schedule and an amount is specified in that Schedule in relation to that purpose and to a year to which this Act applies, financial assistance in respect of that year is granted under subsection (1) to the State in which the university is situated on the further condition that the State will ensure that the sum of the amounts expended by the university in respect of that year for university purposes included in the purpose so specified is not less than that amount.

(6) Where a university furnishes a statement to the Commission under section 7 of the previous Assistance Act or 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 university for university purposes in respect of a year (in this subsection referred to as the "base year"), being the year 1984, 1985 or 1986, under section 7 of the previous Assistance Act or under this section, as the case requires, exceeds the sum of the amounts expended by the university for those purposes in respect of the base year, then, upon receipt of the statement by the Commission, for the purposes of the previous Assistance Act and this Act:
(a) there shall be deemed to have been specified in Schedule 1 to this Act (as from 1 January in the year next following the base year), in substitution for the amount specified in that Schedule in relation to the university and to the year next following the base year, that amount as increased by:
(i) the amount of the excess; or
(ii) the prescribed amount applicable to the university in
respect of the base year;
whichever is the less;
(b) the sum of the amounts so paid to the State in relation to recurrent expenditure of the university for university purposes in respect of the base year 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 purpose of financial assistance in relation to recurrent expenditure of the university for university purposes in respect of the year next following the base year.

(7) Where the amount of the excess referred to in subsection (6) in relation to a university in respect of a year (in this subsection referred to as the "base year") exceeds the prescribed amount applicable to the university in respect of the base year, 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 university is situated, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the "relevant amount") specified in Schedule 1 in relation to the university and to the year next following the base year 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 the prescribed amount applicable to the university in respect of the base year, 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 in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased.

(8) Where the sum of the amounts expended by a university for university purposes in respect of a year, being the year 1984, 1985 or 1986, exceeds the sum of the amounts of financial assistance paid to the State in which the university is situated in relation to recurrent expenditure by the university for those purposes in respect of that year, under section 7 of the previous Assistance Act or under this section, as the case requires, then, for the purposes of this Act, an amount equal to the amount of the excess or the prescribed amount applicable to the university in respect of that year, whichever is the less, shall be treated as if it had been expended by the university for university purposes in respect of the next following year.

(9) Where the amount of the excess referred to in subsection (8) in relation to a university in respect of a year exceeds the prescribed amount applicable to the university in respect of that year, 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 university is situated, being a request made not later than 30 September next following the end of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount applicable to the university in respect of that year, shall be treated as if it had been expended by the university for university purposes in respect of the next following year, 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.

(10) Where a college of advanced education furnishes a statement to the Commission under section 15 of the previous Assistance Act or under this section and it appears from the statement that the sum of the amounts paid to a State in relation to recurrent expenditure of the college for college purposes in respect of a year (in this subsection referred to as the "base year"), being the year 1984, 1985 or 1986, under section 15 of the previous Assistance Act or under this section, as the case requires, exceeds the sum of the amounts expended by the college for those purposes in respect of the base year, then, upon receipt of the statement by the Commission, for the purposes of the previous Assistance Act and this Act:
(a) there shall be deemed to have been specified in Schedule 3 to this Act (as from 1 January in the year next following the base year), in substitution for the amount specified in that Schedule in relation to the college and to the year next following the base year, that amount as increased by:
(i) the amount of the excess; or
(ii) the prescribed amount applicable to the college in
respect of the base year;
whichever is the less;
(b) the sum of the amounts so paid to the State in relation to the recurrent expenditure of the college for college purposes in respect of the base year 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 purpose of financial assistance in relation to the recurrent expenditure of the college for college purposes in respect of the year next following the base year.

(11) Where the amount of the excess referred to in subsection (10) in relation to a college of advanced education in respect of a year (in this subsection referred to as the "base year") exceeds the prescribed amount applicable to the college in respect of the base year, 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 college is situated, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the "relevant amount") specified in Schedule 3 in relation to the college and to the year next following the base year 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 the prescribed amount applicable to the college in respect of the base year, 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 in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased.

(12) Where the sum of the amounts expended by a college of advanced education for college purposes in respect of a year, being the year 1984, 1985 or 1986, exceeds the sum of the amounts of financial assistance paid to the State in which the college is situated in relation to recurrent expenditure by the college for those purposes in respect of that year, under section 15 of the previous Assistance Act or under this section, as the case requires, then, for the purposes of this Act, an amount equal to the amount of the excess or the prescribed amount applicable to the college in respect of that year, whichever is the less, shall be treated as if it had been expended by the college for college purposes in respect of the next following year.

(13) Where the amount of the excess referred to in subsection (12) in relation to a college of advanced education in respect of a year exceeds the prescribed amount applicable to the college in respect of that year, 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 college is situated, being a request made not later than 30 September next following the end of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount applicable to the college in respect of that year, shall be treated as if it had been expended by the college for college purposes in respect of the next following year, 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.

(13A) The Minister may determine that an amount (in this subsection 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 subsection 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 subsection, 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 subsections (6), (7), (8), (9), (10), (11), (12) and (13), to be reduced by an amount equal to the relevant amount.

(14) In this section:
(a) a reference to university purposes in respect of a year, being the year 1984, 1985, 1986 or 1987, shall be read as a reference:
(i) in the case of the year 1984 - to university purposes
within the meaning of Part II of the previous Assistance Act; and
(ii) in the case of the year 1985, 1986 or 1987 - to
university purposes within the meaning of this Act;
(b) a reference to the prescribed amount applicable to a university in respect of a year, being the year 1984, 1985 or 1986, shall be read as a reference:
(i) in the case of the year 1984 - to 1% of the sum of the
amounts paid to the State in which the university is situated in relation to recurrent expenditure of the university for university purposes in respect of that year under section 7 of the previous Assistance Act; and
(ii) in the case of the year 1985 or 1986 - to 1% of the sum
of the amounts paid to the State in which the university is situated in relation to recurrent expenditure of the university for university purposes in respect of that year under this section;
(c) a reference to college purposes in respect of a year, being the year 1984, 1985, 1986 or 1987, shall be read as a reference:
(i) in the case of the year 1984 - to college purposes within
the meaning of Part III of the previous Assistance Act; and
(ii) in the case of the year 1985, 1986 or 1987 - to college
purposes within the meaning of this Act; and
(d) a reference to the prescribed amount applicable to a college of advanced education in respect of a year, being the year 1984, 1985 or 1986, shall be read as a reference:
(i) in the case of the year 1984 - to the greater of $70,000
and an amount equal to 1% of the sum of the amounts paid to the State in which the college is situated in relation to recurrent expenditure of the college for college purposes in respect of that year under section 15 of the previous Assistance Act; and
(ii) in the case of the year 1985 or 1986 - to the greater of
$70,000 and an amount equal to 1% of the sum of the amounts paid to the State in which the college is situated in relation to recurrent expenditure of the college for college purposes in respect of that year under this section.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 6
Grants for recurrent expenditure of technical and further
education institutions

SECT

6. (1) There is payable to a State under this section, for the purposes of financial assistance to the State in relation to recurrent expenditure in connection with the provision, in respect of a year to which this Act applies, of technical and further education at technical and further education institutions situated in the State, the amount specified in Schedule 4 in relation to that State and to that year.

(2) Financial assistance is granted to a State under subsection (1) 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 by the State and by instrumentalities of the State, by way of recurrent expenditure in connection with the provision, in respect of that year, of technical and further education at technical and further education institutions situated in the State is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in respect of that year;
(b) the State will ensure that each technical and further education institution situated in the State does not charge any student fees in respect of that year or any part of that year;
(c) 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 recurrent expenditure by the State and instrumentalities of the State in connection with the provision, in respect of that year, of technical and further education at technical and further education institutions situated in the State; and
(d) the State will cause to be furnished to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires in respect of the provision of technical and further education in that State during that year.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 7
Promotion of equality of opportunity

SECT

7. (1) The Minister may, after obtaining the advice of the Commission, approve a proposal for expenditure by a body or person (in this section referred to as the "relevant body or person") on an equal opportunity project as a proposal deserving financial assistance under this section in respect of a specified year to which this Act applies subject to such conditions as the Minister determines.

(2) A proposal submitted for the Minister's approval under subsection (1) shall specify the State in which the project is to be undertaken.

(3) Where the Minister approves a proposal in respect of a year to which this Act applies, the Minister shall determine an amount, not exceeding the estimated expenditure on the proposal in that year, as the amount of the approved expenditure in relation to the proposal in respect of that year.

(4) Subject to subsection (5), in relation to each approved proposal for expenditure by a relevant body or person on an equal opportunity project, there is payable to the State in which the project is to be undertaken, for the purpose of financial assistance in respect of expenditure incurred or to be incurred by the relevant body or person in connection with the approved proposal in respect of the year in respect of which the proposal is approved, an amount equal to the amount of the approved expenditure in relation to the proposal in respect of that year.

(5) The aggregate of the amounts determined by the Minister to be the amounts of approved expenditure in respect of proposals approved by the Minister under this section in respect of a year to which this Act applies shall not exceed:
(a) in respect of the year 1985 - $1,086,000;
(b) in respect of the year 1986 - $1,166,000; or
(c) in respect of the year 1987 - $1,191,500.

(6) Where financial assistance is granted to a State under subsection (4) in relation to an approved proposal for expenditure in respect of a year to which this Act applies and the relevant body or person in relation to the proposal is a university, college of advanced education or institute of tertiary education, the financial assistance is granted to the State on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the university, college or institute without undue delay;
(b) the State will ensure that the sum of the amounts expended by the university, college or institute in connection with the proposal in respect of the year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, 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; and
(c) the State will ensure that the university, college or 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 by the university, college or institute in connection with the proposal in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.

(7) Where financial assistance is granted to a State under subsection (4) in relation to an approved proposal for expenditure in respect of a year to which this Act applies and the relevant body or person in relation to the proposal is not a university, college of advanced education or institute of tertiary education, the financial assistance is granted to the State on the conditions that:
(a) subject to paragraph (b), the State will pay each amount of that financial assistance received by it to the relevant body or person without undue delay;
(b) the State will not make a payment to the relevant body or person under this section in relation to the proposal in respect of that year unless the relevant body or person, before or at the time of accepting the first payment under this section in relation to the proposal in respect of that year, has agreed or agrees with the State to be bound by the following conditions:
(i) the relevant body or person will ensure that the sum of
the amounts expended by the relevant body or person in connection with the proposal in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the relevant body or person under this section in relation to the proposal in respect of that year;
(ii) the relevant body or person will cause to be furnished to
the Commission, not later than 30 September next following the end of that year, a certificate by a qualified accountant, in accordance with the approved form, to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled;
(iii) if the relevant body or person does not fulfil a
condition specified in subparagraph (i) or (ii), the relevant body or person will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the relevant body or person under this section in relation to the proposal in respect of that year) as the Minister determines should be repaid by the relevant body or person; and
(c) if an amount that the relevant body or person is liable to pay to the State under the condition referred to in subparagraph (b) (iii) is paid by the relevant body or person to the State, or is recovered by the State from the relevant body or person, the State will pay to the Commonwealth an amount equal to that amount.

(8) In this section:
"body" includes:
(a) a university;
(b) a college of advanced education or the body administering a college of advanced education;
(ba) an institute of tertiary education or the body administering an institute of tertiary education; or
(c) any other body whether incorporated or unincorporated;
"equal opportunity project" means a project designed to promote equality of opportunity in respect of tertiary education provided at a prescribed institution or prescribed institutions;
"prescribed institution" means:
(a) a university situated in a State;
(b) a college of advanced education situated in a State;
(ba) an institute of tertiary education that is situated in a State and at which courses of advanced education are provided;
(c) a technical and further education institution that is situated in a State and at which courses of advanced education are provided; and
(d) a Northern Territory tertiary education institution at which courses of advanced education are provided.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 8
Recurrent grants may be increased to assist institutions in
promoting greater participation of Aboriginals in tertiary education

SECT

8. (1) The Minister may, after obtaining the advice of the Commission, approve a proposal for expenditure by a prescribed institution on an Aboriginal participation project as a proposal deserving financial assistance under this section in respect of a specified year to which this Act applies subject to such conditions as the Minister determines.

(2) Where the Minister approves a proposal for expenditure by a prescribed institution in respect of a year to which this Act applies, the Minister shall determine an amount, not exceeding the estimated expenditure on the proposal in that year, as the amount of the approved expenditure in relation to the proposal in respect of that year, and, subject to subsection (3), upon the making of that determination:
(a) in a case where the amount is determined in relation to a university - there shall be deemed to have been specified (as from 1 January in that year), in substitution for the amount specified in Schedule 1 in relation to the university 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) in a case where the amount is determined in relation to a college of advanced education - there shall be deemed to have been specified (as from 1 January in that year), in substitution for the amount specified in Schedule 3 in relation to the college 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;
(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;
(c) in a case where the amount is determined in relation to a technical and further education institution - there shall be deemed to have been specified (as from 1 January in that year), in substitution for the amount specified in Schedule 7 in relation to the institution 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;
(d) in a case where the amount is determined in relation to a Northern Territory tertiary education institution - there shall be deemed to have been specified (as from 1 January in that year), in substitution for the amount specified in Schedule 8 in relation 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; or
(e) in a case where the amount is determined in relation to a non-government teachers college - there shall be deemed to have been specified (as from 1 January in that year), in substitution for the amount specified in Schedule 9 in relation to the college 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.

(3) The aggregate of the amounts determined under subsection (2) in relation to prescribed institutions shall not exceed:
(a) in respect of the year 1985 - $805,000;
(b) in respect of the year 1986 - $2,601,000; or
(c) in respect of the year 1987 - $5,114,270.

(4) In this section:
"Aboriginal participation project" means a project designed to promote the participation of Aboriginals in tertiary education in a prescribed institution or prescribed institutions;
"prescribed institution" means:
(a) a university situated in a State;
(b) a college of advanced education situated in a State;
(ba) an institute of tertiary education that is situated in a State and at which courses of advanced education are provided;
(c) a technical and further education institution that is situated in a State and at which courses of advanced education are provided;
(d) a Northern Territory tertiary education institution at which courses of advanced education are provided; or
(e) a non-government teachers college.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 9
Special assistance for students

SECT

9. (1) Subject to subsection (2), there is payable to a State, for the purposes of financial assistance in relation to expenditure by a university, college of advanced education, institute of tertiary education or non-government teachers college situated in the State in providing, in a year to which this Act applies, financial assistance to students at the university, college or institute, 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 university, college or institute in respect of that year.

(1A) Subject to subsection (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 subsection (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.

(2) The aggregate of all of the amounts payable under subsections (1), (1A) and (1B) in respect of the triennium consisting of the years 1985, 1986 and 1987 shall not exceed $11,195,500.

(3) Financial assistance is granted to a State under subsection (1) in relation to a university, college of advanced education or 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 university, college or institute without undue delay;
(b) the State will ensure that the sum of the amounts expended in that year by the university, college or institute in connection with the provision, out of moneys paid to the university, college or institute under this section, of financial assistance to students at the university, college or institute is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the university, college or institute in respect of that year;
(c) the State will ensure that the university, college or 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 university, college or institute in connection with the provision, out of moneys paid to the university, college or institute under this section, of financial assistance to students at the university, college or institute;
(d) the State will ensure that the university, college or institute, in providing, out of moneys paid to it under this section, financial assistance to students at the university, college or institute, complies with any guidelines determined by the Minister for the purposes of this section; and
(e) the State will cause to be furnished to the Commission by the university, college or institute, not later than such date as the Commission specifies, such statistical and other information as the Commission requires from the university, college or institute in respect of the provision by the university, college or institute of financial assistance to students of the university, college or institute in that year.

(3A) Financial assistance is granted to a State under subsection (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 subsection (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.

(4) Financial assistance is granted to a State under subsection (1) in relation to a non-government teachers college in respect of a year to which this Act applies on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college each amount of that financial assistance received by it;
(b) the State will not make a payment to the approved authority of the college under this section in respect of that year unless the approved authority, before or at the time of accepting the first payment under this section in respect of that year, has agreed or agrees with the State to be bound by the following conditions:
(i) the approved authority will ensure that the sum of the
amounts expended in that year by, or on behalf of, the college in connection with the provision, out of moneys paid to the college under this section, of financial assistance to students at the college is not less than the sum of the amounts of financial assistance paid to the approved authority under this section in respect of that year;
(ii) the approved authority will cause to be furnished to the
Commission, not later than 30 September next following the end of that year, a certificate by a qualified accountant, in accordance with the approved form, to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled;
(iii) if the approved authority does not fulfil a condition
specified in subparagraph (i) or (ii), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in respect of that year) as the Minister determines should be repaid by the approved authority;
(iv) the college will, in providing, out of moneys paid to the
college under this section, financial assistance to students at the college, comply with any guidelines determined by the Minister for the purposes of this section; and
(c) if an amount that the approved authority of the college is liable to pay to a State under the condition referred to in subparagraph (b) (iii) is paid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.

(5) The Minister shall cause a copy of any guidelines determined by the Minister for the purposes of this section to be laid before each House of the Parliament as soon as practicable after the determination of the guidelines.

(6) Where:
(a) a university, college of advanced education, institute of tertiary education or non-government teachers college situated in a State provides financial assistance for a student out of moneys paid to the university, college or institute under this section; and
(b) the student repays to the university, college or institute, 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:
(c) 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 university, college or institute in respect of that year; and
(d) the State shall be deemed to have paid the amount referred to in paragraph (c) to the university, college or institute in respect of that year.

(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.

(7) Where:
(a) the sum of the amounts of financial assistance paid to a State under this section in relation to a university, college of advanced education, institute of tertiary education or non-government teachers college in respect of a year to which this Act applies (in this subsection referred to as the "base year"), being the year 1985 or 1986, exceeds the sum of the amounts expended in the base year by the university, college or institute in connection with the provision, out of moneys paid to the university, college or institute under this section, of financial assistance to students at the university, college or institute; and
(b) the Minister directs that an amount, not exceeding the amount of the excess, is a prescribed amount in relation to the university, college or institute in respect of the base year for the purposes of this subsection;
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 university, college or institute in respect of the year next following the base year;
(d) the State shall be deemed to have paid the amount referred to in paragraph (c) to the university, college or institute in respect of the year next following the base year; and
(e) the sum of the amounts paid to the State under this section in relation to the university, college or institute in respect of the base year shall be deemed to have been reduced by an amount equal to the prescribed amount.

(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 subsection;
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 subsection;
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.

(8) In this section:
"financial assistance", in relation to students at a prescribed institution, includes financial assistance provided to those students by way of:
(a) loan (whether with or without interest); or
(b) grant (whether subject to conditions or not);
"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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 10
Key centres of teaching and research

SECT

10. (1) The Minister may, after obtaining the advice of the Commission, approve a proposal for expenditure by a university or college of advanced education upon a key centre of teaching and research as a proposal deserving financial assistance under this section in respect of a specified year to which this Act applies subject to such conditions as the Minister determines.

(2) Where the Minister approves a proposal in respect of a year to which this Act applies, the Minister shall determine an amount, not exceeding the estimated expenditure on the proposal in that year, as the amount of approved expenditure in relation to the proposal in respect of that year.

(3) Subject to subsection (4), in relation to each approved proposal for expenditure by a university or college of advanced education, there is payable to the State in which the university or college is situated, in respect of the year in respect of which the proposal is approved, for the purposes of financial assistance in respect of expenditure incurred or to be incurred by the university or college in connection with the approved proposal in respect of that year, an amount equal to the amount of the approved expenditure in relation to the proposal in respect of that year.

(4) The aggregate of the amounts determined by the Minister to be the amounts of approved expenditure in respect of proposals approved by the Minister under this section in respect of a year to which this Act applies shall not exceed:
(a) in respect of the year 1985 - $1,086,000;
(b) in respect of the year 1986 - $1,166,000; or
(c) in respect of the year 1987 - $1,211,000.

(5) Financial assistance is granted to a State under subsection (3) in relation to an approved proposal for expenditure by a university or college 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 university or college without undue delay;
(b) the State will ensure that the sum of the amounts expended by the university or college in connection with the approved proposal in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the approved proposal in respect of that year; and
(c) the State will ensure that the university or college 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 by the university or college in connection with the approved proposal in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 11
Recurrent grants may be increased to assist institutions in
meeting certain superannuation expenses

SECT

11. (1) The Minister may, after obtaining the advice of the Commission, determine, for the purposes of this section, that expenditure of a specified kind by universities or colleges of advanced education, being expenditure in respect of, or in relation to, superannuation, shall be relevant superannuation expenditure.

(2) Where the Minister is satisfied that a university or a college of advanced education has incurred, or will incur, in respect of a year to which this Act applies, relevant superannuation expenditure, the Minister may, during that year, determine an amount to be an amount of additional financial assistance that is payable in relation to the university or the college in respect of that year, and, subject to subsection (3), upon the making of that determination:
(a) in a case where the amount is determined in relation to a university - there shall be deemed to have been specified (as from 1 January in that year), in substitution for the amount specified in Schedule 1 in relation to the university and to that year, the amount so specified as increased by the amount so determined; or
(b) in a case where the amount is determined in relation to a college of advanced education - there shall be deemed to have been specified (as from 1 January in that year), in substitution for the amount specified in Schedule 3 in relation to the college and to that year, the amount so specified as increased by the amount so determined.

(3) The aggregate of the amounts determined under subsection (2) in relation to universities and colleges of advanced education shall not exceed:
(a) in respect of the year 1985 - $14,356,000;
(b) in respect of the year 1986 - $21,794,000; or
(c) in respect of the year 1987 - $29,608,000.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 12
Recurrent grants in respect of student residences and affiliated colleges

SECT

12. (1) Subject to subsections (2) and (3), there is payable to a State, for the purposes of financial assistance in relation to:
(a) a student residence of a university, college of advanced education or non-government teachers college; or
(b) an affiliated college of a university or college of advanced education;
situated in that State, in respect of each of the years 1985 and 1986, such amount as the Minister determines to be the amount of financial assistance that is payable in respect of the student residence or affiliated college in respect of that year.

(2) The aggregate of the amounts payable under subsection (1) in relation to all student residences, and affiliated colleges, of universities shall not exceed:
(a) in respect of the year 1985 - $2,521,000; or
(b) in respect of the year 1986 - $1,448,000.

(3) The aggregate of the amounts payable under subsection (1) in relation to all student residences of colleges of advanced education and non-government teachers colleges and in relation to all affiliated colleges of colleges of advanced education shall not exceed:
(a) in respect of the year 1985 - $777,000; or
(b) in respect of the year 1986 - $431,000.

(4) Financial assistance is granted to a State under subsection (1) in relation to a student residence or affiliated college of a university or college of advanced education in respect of each of the years 1985 and 1986 on the conditions that:
(a) the State will pay each amount of that financial assistance received by it to the university or college or to the body administering the student residence or affiliated college without undue delay;
(b) the State will ensure that the sum of the amounts expended by the university or college or other body administering the student residence or affiliated college, for the provision of tutorial assistance to students of, and for meeting the administrative costs of, the student residence or affiliated college in respect of that year is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in relation to that student residence or affiliated college in respect of that year; and
(c) the State will ensure that the university or college or other body administering the student residence or affiliated college 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 of the university or college or other body for the provision of the tutorial assistance, and for meeting the administrative costs, referred to in paragraph (b).

(5) Financial assistance is granted to a State under subsection (1) in relation to a student residence of a non-government teachers college situated in that State in respect of each of the years 1985 and 1986 on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college each amount of that financial assistance paid to it in relation to the student residence;
(b) the State will not make a payment to the approved authority of the college under this section in relation to the student residence in respect of that year unless the approved authority, before or at the time of accepting the first payment under this section in relation to the student residence in respect of that year, has agreed or agrees with the State to be bound by the following conditions:
(i) the approved authority will ensure that the sum of the
amounts expended by, or on behalf of, the college for the provision of tutorial assistance to students of, and for meeting the administrative costs of, the student residence in respect of that year is not less than the sum of the amounts of financial assistance paid to the approved authority under this section in relation to the student residence in respect of that year;
(ii) the approved authority will cause to be furnished to the
Commission, not later than 30 September next following the end of that year, a certificate by a qualified accountant, in accordance with the approved form, to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled;
(iii) if the approved authority does not fulfil a condition
specified in subparagraph (i) or (ii), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to the student residence in respect of that year) as the Minister determines should be repaid by the approved authority; and
(c) if an amount that the approved authority of the college is liable to pay to a State under the condition referred to in subparagraph (b) (iii) is paid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.

(6) This section does not apply in relation to a student residence or affiliated college that does not provide collegiate accommodation.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 2
Division 2 - Special grants for universities

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 13
Special research grants

SECT

13. (1) In relation to each university specified in Column 1 of Schedule 5, there is payable to the State in which the university is situated, for the purpose of financial assistance in relation to research expenses of the university in respect of a year to which this Act applies, the amount specified in that Schedule in relation to the university and to that year.

(2) Financial assistance is granted to a State under subsection (1) in relation to a university 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 university without undue delay;
(b) the State will ensure that the sum of the amounts expended by the university for the purpose of meeting the research expenses of the university in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in relation to the university; and
(c) the State will ensure that the university 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 of the university for the purpose of meeting the research expenses of the university in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 14
Special research centres

SECT

14. (1) The Minister may, after obtaining the advice of the Commission, approve a proposal for expenditure by a university upon a program of research as a proposal deserving financial assistance under this section in respect of a specified year to which this Act applies subject to such conditions as the Minister determines.

(2) Where the Minister approves a proposal in respect of a year to which this Act applies, 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 approved expenditure in relation to the proposal in respect of that year.

(3) Subject to subsection (4), in relation to each approved proposal for expenditure by a university, there is payable to the State in which the university is situated, in respect of the year in respect of which the proposal is approved, for the purposes of financial assistance in respect of expenditure incurred or to be incurred by the university in connection with the approved proposal in respect of that year, an amount equal to the amount of the approved expenditure on the proposal in respect of that year.

(4) The aggregate of the amounts determined by the Minister to be the amounts of approved expenditure in respect of proposals approved by the Minister under this section in respect of a year to which this Act applies shall not exceed:
(a) in respect of the year 1985 - $5,132,000;
(b) in respect of the year 1986 - $5,509,000; or
(c) in respect of the year 1987 - $5,719,000.

(5) Financial assistance is granted to a State under subsection (3) in relation to an approved proposal for expenditure by a university 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 university without undue delay;
(b) the State will ensure that the sum of the amounts expended by the university in connection with the approved proposal in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to the approved proposal in respect of that year; and
(c) the State will ensure that the university 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 by the university in connection with the approved proposal in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 15
Recurrent grants in respect of teaching hospitals

SECT

15. (1) In relation to each university specified in Column 1 of Schedule 6, there is payable to the State in which the university is situated, for the purpose of financial assistance in respect of contributions by the university towards the appropriate costs, in respect of a year to which this Act applies, of the teaching hospital or teaching hospitals of the university, the amount specified in that Schedule in relation to the university and to that year.

(2) Financial assistance is granted to a State under subsection (1) in relation to the teaching hospital or teaching hospitals of a university 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 university without undue delay;
(b) the State will ensure that the sum of the amounts expended by the university in making contributions towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the university is not less than the sum of the amounts of financial assistance paid to the State under subsection (1) in relation to the teaching hospital or teaching hospitals of the university in respect of that year; and
(c) the State will ensure that the university 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 of the university in making contributions towards the appropriate costs, in respect of that year, of the teaching hospital or teaching hospitals of the university.

(3) In this section, "appropriate costs", in relation to a teaching hospital of a university, means:
(a) expenditure (other than expenditure on building projects or expenditure on the purchase of equipment) incurred by the hospital in relation to parts of the hospital used exclusively by students enrolled in the Faculty of Medicine, or School of Medicine, of the university, by students enrolled in the Faculty of Medicine, or School of Medicine, of any other university in relation to which that hospital is a teaching hospital and by their teachers and to facilities and equipment so used in connection with those parts of the hospital; and
(b) expenditure incurred in the purchase of books and periodicals for the medical library of the hospital.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 3
Division 3 - Special grants for advanced education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 15A
Grants for expenditure in connection with the provision of courses
of advanced education in institutes of tertiary education

SECT

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 subsection (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 subsection 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 subsections (2), (4) and (6) to and in relation to financial assistance granted to the State under subsection (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 subsection (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 subsection 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 subsection (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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 16
Grants for expenditure in connection with the provision of courses
of advanced education in technical and further education institutions

SECT

16. (1) In relation to each technical and further education institution specified in Column 1 of Schedule 7, there is payable to the State in which the institution is situated, for the purposes of financial assistance in relation to recurrent expenditure incurred by the State and by instrumentalities of the State in connection with the provision, in respect of a year to which this Act applies, of courses of advanced education at the institution, the amount specified in that Schedule in relation to that institution and to that year reduced, in the case of the year 1987, by the amount calculated under section 4B in relation to that institution.

(2) Financial assistance is granted to a State under subsection (1) in relation to the provision, at a technical and further education institution situated in that State, of courses of advanced education 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 by the State and by instrumentalities of the State by way of recurrent expenditure in connection with the provision, in respect of that year, of courses of advanced education at the institution is not less than the amount specified in Schedule 7 in relation to the institution in respect of that year;
(b) the State will ensure that each technical and further education institution situated in the State at which courses of advanced education are provided does not charge any student fees in respect of that year or a part of that year;
(ba) the State will ensure that each technical and further education institution situated in the State at which courses of advanced education are provided 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;
(c) 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 respect of that year by the State and by instrumentalities of the State by way of recurrent expenditure in connection with the provision, at the institution, of courses of advanced education; and
(d) the State will cause to be furnished to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires in respect of the provision, in respect of that year, at the institution of courses of advanced education.

(3) Where a determination is made under subsection 4 (5) in relation to the provision of a course of advanced education at a technical and further education institution 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 institution, in connection with the provision of the course, that is incurred by the State or by an instrumentality of the State while the determination is in force shall not be treated as expenditure by the State or by an instrumentality of the State by way of recurrent expenditure in connection with the provision of courses of advanced education at the institution in the application of subsections (2), (4) (5), (6) and (8) to and in relation to financial assistance granted to that State under subsection (1).

(4) Where the Minister is satisfied that the sum of the amounts paid to a State, in relation to recurrent expenditure of the State and of instrumentalities of the State in connection with the provision, in respect of the year 1984 under section 16 of the previous Assistance Act at technical and further education institutions of courses of advanced education, exceeds the sum of the amounts expended by the State and by those instrumentalities in connection with the provision, in respect of that year, at technical and further education institutions situated in the State, of courses of advanced education, the Minister may direct that the amount (in this subsection referred to as the "relevant amount") specified in Schedule 7 in relation to a particular technical and further education institution situated in the State and to the year 1985, shall be deemed to have been increased by an amount specified in the direction, and, upon the Minister's giving such a direction, then, for the purposes of the previous Assistance Act and this Act:
(a) there shall be deemed to have been specified in Schedule 7 (as from 1 January 1985) in substitution for the relevant amount, the relevant amount as so increased;
(b) the sum of the amounts so paid to the State in relation to the recurrent expenditure of the State and those instrumentalities in connection with the provision, in respect of the year 1984, at technical and further education institutions situated in the State, of courses of advanced education shall be deemed to have been reduced by an amount equal to the amount specified in the direction; and
(c) an amount equal to the amount specified in the direction shall be deemed to have been paid to the State under this section for the purpose of financial assistance in relation to the recurrent expenditure of the State and of those instrumentalities in connection with the provision, in respect of the year 1985, at that technical and further education institution, of courses of advanced education.

(5) Where the Minister is satisfied that the sum of the amounts expended by a State and by instrumentalities of a State in connection with the provision, in respect of the year 1984, at technical and further education institutions situated in that State, of courses of advanced education exceeds the sum of the amounts of financial assistance paid to the State in relation to recurrent expenditure incurred in connection with the provision, in respect of that year, at technical and further education institutions situated in that State, of courses of advanced education under section 16 of the previous Assistance Act, the Minister may direct that an amount shall be treated as if it had been expended by the State, in connection with the provision, in respect of the year 1985, at a particular technical and further education institution situated in that State, 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.

(6) The aggregate of the amounts specified in directions given by the Minister under subsection (4) or (5) shall not exceed the amount of the excess referred to in subsection (4) or (5), as the case requires.

(7) Where a State 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 recurrent expenditure of the State and of instrumentalities of the State in connection with the provision, in respect of a year (in this subsection referred to as the "base year"), being the year 1985 or 1986, under this section at a technical and further education institution of courses of advanced education exceeds the sum of the amounts expended by the State and by those instrumentalities in connection with the provision, in respect of the base year, at the institution, 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 7 (as from 1 January in the year next following the base year), in substitution for the amount specified in that Schedule in relation to the institution and to the year next following the base year, that amount as increased by:
(i) the amount of the excess; or
(ii) the prescribed amount applicable to the institution in
respect of the base year;
whichever is the less;
(b) the sum of the amounts so paid to the State in relation to the recurrent expenditure of the State and those instrumentalities in connection with the provision, in respect of the base year, at the institution 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 purpose of financial assistance in relation to the recurrent expenditure of the State and of those instrumentalities in connection with the provision, in respect of the year next following the base year, at the institution of courses of advanced education.

(8) Where the amount of the excess referred to in subsection (7) in relation to a technical and further education institution in respect of a year (in this subsection referred to as the "base year"), being the year 1985 or 1986, exceeds the prescribed amount applicable to the institution in respect of that year, 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 institution is situated, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the "relevant amount") specified in Schedule 7 in relation to the institution and to the year next following the base year 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 the prescribed amount applicable to the institution in respect of the base year, 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 in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased.

(9) Where the sum of the amounts expended by a State and by instrumentalities of a State in connection with the provision, in respect of a year, being the year 1985 or 1986, at a technical and further education institution, of courses of advanced education exceeds the sum of the amounts of financial assistance paid to the State in relation to recurrent expenditure incurred in connection with the provision, in respect of that year, at the institution 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 the prescribed amount applicable to the institution in respect of that year, whichever is the less, shall be treated as if it had been expended by the State, in connection with the provision, in respect of the next following year, at the institution, of courses of advanced education.

(10) Where the amount of the excess referred to in subsection (9) in relation to a technical and further education institution in respect of a year exceeds the prescribed amount applicable to the institution in respect of that year, 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 institution is situated, being a request made not later than 30 September next following the end of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount applicable to the institution in respect of that year, shall be treated as if it had been expended by the State in connection with the provision, in respect of the next following year, at the institution, 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.

(11) In this section, a reference to the prescribed amount applicable to a technical and further education institution, in relation to a year, being the year 1985 or 1986, shall be read as a reference to the greater of $70,000 and an amount equal to 1% of the sum of the amounts paid under this section to the State in relation to recurrent expenditure of the State and instrumentalities of the State in connection with the provision, in respect of that year, at that institution of courses of advanced education.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 17
Grants to Northern Territory for recurrent expenditure in respect
of courses of advanced education etc.

SECT

17. (1) There is payable to the Northern Territory, for the purpose of financial assistance in relation to expenditure 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, the amount specified in Schedule 8 in relation to that year reduced, in the case of the year 1987, by the amount calculated under section 4B in relation to the Northern Territory.

(2) Financial assistance is granted to the Northern Territory under subsection (1) 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 by the Northern Territory and by instrumentalities of the Northern Territory, in conection with the provision, in respect of that year, of courses of advanced education at Northern Territory tertiary education institutions is not less than the amount specified in Schedule 8 in respect of that year;
(b) the Northern Territory will ensure that each Northern Territory tertiary education institution at which courses of advanced education are provided does not charge any student fees in respect of that year or a part of that year;
(ba) the Northern Territory will ensure that each Northern Territory tertiary education institution at which courses of advanced education are provided 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;
(c) 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 of the Northern Territory and of instrumentalities of the Northern Territory, in respect of that year, in connection with the provision of courses of advanced education at Northern Territory tertiary education institutions; and
(d) the Northern Territory will cause to be furnished to the Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires in respect of the provision in the Northern Territory of courses of advanced education and courses of continuing education referred to in paragraph (9) (b) at Northern Territory tertiary education institutions during that year.

(3) Where a determination is made under subsection 4 (5) in relation to the provision of a course of advanced education at a Northern Territory tertiary education institution, 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 institution, in connection with the provision of the course, that is incurred by the Northern Territory or by an instrumentality of the Northern Territory while the determination is in force shall not be treated as expenditure by the Northern Territory or by an instrumentality of the Northern Territory in connection with the provision of courses of advanced education at Northern Territory tertiary education institutions in the application of subsections (2), (4) and (6) of this section to and in relation to financial assistance granted to the Northern Territory under subsection (1) of this section.

(4) Where the Northern Territory furnishes a statement to the Commission under section 22 of the previous Assistance Act or under this section and it appears from the statement that the sum of the amounts paid to the Northern Territory in respect of a year (in this subsection referred to as the "base year"), being the year 1984, 1985 or 1986, under section 22 of the previous Assistance Act, or under this section, as the case requires, exceeds the sum of the amounts expended by the Northern Territory and instrumentalities of the Northern Territory in connection with the provision, in respect of the base year, of courses of advanced education at Northern Territory tertiary education institutions, then, upon receipt of the statement by the Commission, for the purposes of the previous Assistance Act and this Act:
(a) there shall be deemed to have been specified in Schedule 8 of this Act (as from 1 January in the year next following the base year), in substitution for the amount specified in that Schedule in relation to the year next following the base year, that amount as increased by:
(i) the amount of the excess; or
(ii) the prescribed amount in respect of the base year;
whichever is the less;
(b) the sum of the amounts so paid to the Northern Territory in relation to expenditure in connection with the provision, in respect of the base year, of courses of advanced education at Northern Territory tertiary education institutions 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 Northern Territory under this section for the purpose of financial assistance in relation to expenditure in connection with the provision, in respect of the year next following the base year, of courses of advanced education at Northern Territory tertiary education institutions.

(5) Where the amount of the excess referred to in subsection (4) in respect of a year (in this subsection referred to as the "base year"), being the year 1984, 1985 or 1986, exceeds the prescribed amount applicable to the base year, the Minister may, if satisfied that there are special circumstances that warrant the giving of such a direction, at the request of the Northern Territory, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the "relevant amount") specified in Schedule 8 in relation to the year next following the base year shall 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 the prescribed amount applicable to the base year, 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 in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased.

(6) Where the sum of the amounts expended by the Northern Territory in connection with the provision, in respect of a year, being the year 1984, 1985 or 1986, of courses of advanced education at Northern Territory tertiary education institutions exceeds the sum of the amounts of financial assistance paid to the Northern Territory in respect of that year under section 22 of the previous Assistance Act, or under this section, as the case requires, then, for the purposes of this Act, an amount equal to the amount of the excess or the prescribed amount applicable to that year, whichever is the less, shall be treated as if it had been expended by the Northern Territory, in connection with the provision, in respect of the next following year, of courses of advanced education at Northern Territory tertiary education institutions.

(7) Where the amount of the excess referred to in subsection (6) in respect of a year exceeds the prescribed amount applicable to that year, the Minister may, if satisfied that there are special circumstances that warrant the giving of such a direction, at the request of the Northern Territory, being a request made not later than 30 September next following the end of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds the prescribed amount applicable to that year, shall be treated as if it had been expended by the Northern Territory in connection with the provision, in respect of the next following year, of courses of advanced education at Northern Territory tertiary education institutions, and, upon the Minister's giving such a direction, then, for the purposes of this Act, that amount shall be treated as if it had been so expended.

(7A) The Minister may determine that an amount (in this subsection 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 subsection 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 subsection, 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 subsections (4), (5), (6) and (7), to be reduced by an amount equal to the relevant amount.

(8) In this section, a reference to amounts of expenditure in connection with the provision, in respect of the year 1984, of courses of advanced education at Northern Territory tertiary education institutions shall be read as a reference to:
(a) amounts of expenditure for the general teaching purposes of Northern Territory tertiary education institutions in connection with courses of advanced education provided, in respect of that year, by the institutions, including:
(i) preparatory work in connection with courses of advanced
education provided by the institutions; and
(ii) the provision of teaching facilities for the assistance
of students undertaking courses of study provided by universities or colleges of advanced education that are situated in one or other of the States, being courses of study in which those students are enrolled as external students;
(b) amounts of expenditure in connection with the provision, in respect of that year, at Northern Territory tertiary education institutions at which courses of advanced education are provided, of courses of continuing education provided in accordance with programs of continuing education approved by the responsible authority for the Northern Territory or, if the total of those amounts exceeds 1% of the amount specified in Schedule 10 of the previous Assistance Act in relation to that year, an amount, in respect of that expenditure, equal to 1% of the amount so specified; and
(c) amounts of expenditure in connection with building projects of Northern Territory tertiary education institutions at which courses of advanced education are provided, being building projects (other than building projects involving the purchase of land) each of which is undertaken wholly for the purpose of providing such courses at those institutions and in relation to each of which the total expenditure does not exceed $50,000 or an amount equal to 0.25% of the amount specified in Schedule 10 of the previous Assistance Act in relation to that year, whichever is the lesser amount.

(9) In this section, a reference to amounts of expenditure, in connection with the provision, in respect of the year 1985, 1986 or 1987, of courses of advanced education at Northern Territory tertiary education institutions shall be read as a reference to:
(a) amounts of expenditure for the general teaching purposes of Northern Territory tertiary education institutions in connection with courses of advanced education provided, in respect of that year, by the institutions, including:
(i) preparatory work in connection with courses of advanced
education provided by the institutions;
(ii) the provision of courses of instruction to persons for
the purpose of enabling those persons to undertake courses of advanced education provided by the institutions; and
(iii) the provision of teaching facilities for the assistance
of students undertaking courses of study provided by universities or colleges of advanced education that are situated in one or other of the States, being courses of study in which those students are enrolled as external students;
(b) amounts of expenditure in connection with the provision, in respect of that year, at Northern Territory tertiary education institutions at which courses of advanced education are provided, of courses of continuing education provided in accordance with programs of continuing education approved by the responsible authority for the Northern Territory; and
(c) amounts of expenditure in connection with building projects of Northern Territory tertiary education institutions at which courses of advanced education are provided, being building projects (other than building projects involving the purchase of land) each of which is undertaken wholly for the purpose of providing such courses at those institutions in relation to each of which the total expenditure does not exceed $70,000 or an amount equal to 0.25% of the amount specified in Schedule 8 in relation to that year, whichever is the lesser amount.

(10) In this section, a reference to the prescribed amount applicable to a year, being the year 1984, 1985 or 1986, shall be read as a reference:
(a) in the case of the year 1984 - to the greater of $70,000 and an amount equal to 1% of the sum of the amounts paid to the Northern Territory under section 22 of the previous Assistance Act in respect of that year; and
(b) in the case of the year 1985 or 1986 - to the greater of $70,000 and an amount equal to 1% of the sum of the amounts paid to the Northern Territory, under this section, in respect of that year.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 18
Grants for courses of teacher education provided by non-government
teachers colleges

SECT

18. (1) In relation to each non-government teachers college specified in Column 1 of Schedule 9, there is payable to the State in which the college is situated, for the purposes of financial assistance in relation to recurrent expenditure of the college in providing, in a year to which this Act applies, courses of teacher education, the amount specified in that Schedule in relation to the college and to that year reduced, in the case of the year 1987, by the amount calculated under section 4B in relation to the college.

(2) Financial assistance is granted to a State under subsection (1) in relation to the non-government teachers college situated in that State, in respect of a year to which this Act applies, on the conditions that:
(a) subject to paragraph (b), the State will pay each amount of that financial assistance received by it to the approved authority of the college without undue delay;
(b) the State will not make a payment to the approved authority of the college under this section in respect of that year unless the approved authority, before or at the time of accepting the first payment under this section in respect of that year, has agreed or agrees with the State to be bound by the following conditions:
(i) the approved authority will ensure that the sum of the
amounts expended by way of recurrent expenditure by the college in providing in that year courses of teacher education is not less than the amount specified in Schedule 9 in relation to the college in respect of that year;
(ii) the approved authority will ensure that the college does
not charge any student fees in respect of that year or a part of that year in respect of the student's undertaking a course of teacher education at the college;
(iia) the approved authority will ensure that the college will
impose an amount of charge in respect of each relevant enrolment in a course of teacher education at the college in respect of the year 1987, being the amount applicable under section 4D in respect of that year;
(iii) the approved authority will cause to be furnished to the
Commission not later than 30 September in the year next following the end of that year:
(A) a certificate by a qualified accountant, in accordance
with the approved form, to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled; and
(B) a statement, in accordance with the approved form, that
contains such information in respect of the recurrent expenditure of the college, and such other financial information in respect of the college, as is required by the Commission to be so furnished;
(iv) if the approved authority does not fulfil a condition
specified in subparagraph (i), (ii), (iia) or (iii), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority;
(v) the approved authority will cause to be furnished to the
Commission, not later than such date as the Commission specifies, such statistical and other information as the Commission requires from the approved authority in respect of the provision by the college, in respect of that year, of courses of teacher education; and
(c) if an amount that the approved authority of the college is liable to pay to a State under the condition referred to in subparagraph (b) (iv) is paid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.

(3) Where the approved authority of a non-government teachers college furnishes a certificate and statement to the Commission under section 23 of the previous Assistance Act or under this section and it appears from the certificate or statement that the sum of the amounts paid to a State in respect of recurrent expenditure of the college in providing, in a year (in this subsection referred to as the "base year"), being the year 1984, 1985 or 1986, under section 23 of the previous Assistance Act or under this section, as the case requires, courses of teacher education exceeds the sum of the amounts expended by the approved authority of the college in providing such courses in that year, then, upon receipt of the certificate and statement by the Commission, for the purposes of the previous Assistance Act and this Act:
(a) there shall be deemed to have been specified in Schedule 9 to this Act (as from 1 January in the year next following the base year), in substitution for the amount specified in that Schedule in relation to the college and to the year next following the base year, that amount as increased by:
(i) the amount of the excess; or
(ii) $70,000;
whichever is the less;
(b) the sum of the amounts paid to the State in relation to recurrent expenditure of the college in providing courses of teacher education, in the base year, 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 subsection (1) for the purpose of financial assistance in relation to recurrent expenditure of the college in providing, in the year next following the base year, courses of teacher education.

(4) Where the amount of the excess referred to in subsection (3) in relation to a non-government teachers college in respect of a year (in this subsection referred to as the "base year"), being the year 1984, 1985 or 1986, exceeds $70,000, 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 college is situated, being a request made not later than 30 September in the year next following the base year, direct that the amount (in this subsection referred to as the "relevant amount") specified in Schedule 9 in relation to the college and to the year next following the base year shall be further increased by an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exeeds $70,000, 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 in the year next following the base year), in substitution for the relevant amount, the relevant amount as so increased.

(5) Where the approved authority of a non-government teachers college furnishes a certificate and statement to the Commission under section 23 of the previous Assistance Act or under this section and it appears from the certificate or statement that the sum of the amounts expended by the approved authority in providing, in the year 1984, 1985 or 1986, courses of teacher education at the college exceeds the sum of the amounts of financial assistance paid under section 23 of the previous Assistance Act or this section, as the case requires, to a State in respect of that year, then, upon receipt of the certificate and statement by the Commission, for the purposes of the previous Assistance Act and this Act an amount equal to the amount of the excess or $70,000, whichever is the less, shall be treated as if it had been expended by the approved authority in providing, in the next following year, courses of teacher education at the college.

(6) Where the amount of the excess referred to in subsection (5) in relation to a non-government teachers college in respect of a year exceeds $70,000, 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 college is situated, being a request made not later than 30 September next following the end of that year, direct that an amount specified in the direction, being an amount not exceeding the amount by which the amount of the excess exceeds $70,000, be treated as if it had been expended by the approved authority in providing, in the next following year, courses of teacher education at the college, 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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 4
Division 4 - Special grants in relation to
technical and further education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 20
Grants for special courses

SECT

20. (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 providing special courses at technical and further education institutions situated in the State 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.

(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.

(2) Where the Minister approves a proposal in respect of a year to which this Act applies, the Minister shall:
(a) 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; and
(b) determine:
(i) that the proposal is approved as a proposal to which
subsection (4) applies; or
(ii) that the proposal is approved as a proposal to which
subsection (5) applies.

(3) Subject to subsections (4) and (5), in relation to each proposal approved under subsection (1), there is payable to the State in which is situated the technical and further education institution 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.

(3A) Subject to subsections (4) and (5), in relation to each proposal approved under subsection (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.

(4) The aggregate of the amounts determined by the Minister to be amounts of approved expenditure in relation to approved proposals of a State in respect of a year to which this Act applies, being proposals approved as proposals to which this subsection applies, shall not exceed the amount specified in Part I of Schedule 10 in relation to that State and to that year.

(4A) The reference in subsection (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.

(5) The aggregate of the amounts determined by the Minister to be amounts of approved expenditure in relation to approved proposals in respect of a year to which this Act applies, being proposals approved as proposals to which this subsection applies, shall not exceed the amount specified in Part II of Schedule 10 in relation to that year.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 21
Grants for special services

SECT

21. (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 providing special services 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 a year to which this Act applies subject to such conditions as the Minister determines.

(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.

(2) Where the Minister approves a proposal in respect of a year to which this Act applies, 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.

(3) Subject to subsection (4), in relation to each proposal approved under subsection (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.

(3A) Subject to subsection (4), in relation to each proposal approved under subsection (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.

(4) The aggregate of the amounts determined by the Minister to be amounts of approved expenditure in relation to approved proposals of a State in respect of a year to which this Act applies shall not exceed the amount specified in Schedule 11 in relation to that State and to that year.

(5) The reference in subsection (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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 22
Quality improvement grants

SECT

22. (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 improving the quality of, or increasing the range of, services and facilities 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 a year to which this Act applies subject to such conditions as the Minister determines.

(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.

(3) Subject to subsections (4) and (5), in relation to each proposal approved under subsection (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.

(4A) The reference in subsection (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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 23
Management grants

SECT

23. (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 improving management and administration 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 a year to which this Act applies subject to such conditions as the Minister determines.

(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.

(4A) The reference in subsection (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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 23A
Traineeship grants

SECT

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 subsection (6), in relation to each proposal approved under subsection (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 subsection (6), in relation to each proposal approved under subsection (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 $3,720,000.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 24
Conditions attaching to grants for technical and further education

SECT

24. (1) Financial assistance is granted to a State under section 20, 21, 22, 23 or 23A in relation to an approved proposal (other than 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 ensure that the sum of the amounts expended by the State and instrumentalities of the State in that year in connection with the proposals approved under that section is not less than the sum of the amounts of financial assistance paid to the State under that section in relation to the proposals 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 and instrumentalities of the State in connection with the proposals approved under that section; and
(c) the State will cause to be furnished 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 proposals approved under that section in respect of that year.

(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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 25
Grants for adult education provided by non-government bodies

SECT

25. (1) For the purposes of this section, the Commission may approve a body, whether incorporated or unincorporated, that is recommended to the Commission by the Minister of a State who is responsible, or principally responsible, for the administration of matters relating to technical and further education in the State as the approved authority of that State for the purposes of this section.

(2) The Commission may revoke or vary any approval given under subsection (1).

(3) There is payable to a State specified in Schedule 14, for the purpose of financial assistance in connection with programs of adult education to be carried out in a year to which this Act applies in the State, the amount specified in that Schedule in relation to the State and to that year.

(4) Financial assistance is granted to a State under this section 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 approved authority of the State without undue delay;
(b) the State will ensure that the sum of the amounts expended by the approved authority of the State in making contributions towards the recurrent expenditure of a relevant body, or of relevant bodies, in connection with the provision, in that year, by that body, or those bodies, of courses of adult education is not less than the sum of the amounts of financial assistance paid to the State under subsection (3) in respect of that year; and
(c) the State will cause to be furnished to the Commission, not later than 30 September next following the end of that year, a statement by an approved auditor, in accordance with the approved form, as to the expenditure of the approved authority of the State in making contributions towards the recurrent expenditure of a relevant body, or of relevant bodies, in connection with the provision, in that year, by that body, or those bodies, of courses of adult education.

(5) In this section:
(a) a reference to a relevant body is a reference to a body (other than a body established by or on behalf of the Government of a State) that is not conducted for the profit, direct or indirect, of an individual or individuals; and
(b) a reference to a course of adult education, in relation to a relevant body, is a reference to a part-time course of education, being a course in respect of which:
(i) attendance is voluntary; and
(ii) no award is made, in respect of the completion of the
course, or of a part of the course, that is intended as a qualification for any employment.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 5
Division 5 - Variations of Schedules

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 26
Variations of amounts specified in certain Schedules relating to
recurrent expenditure for universities and advanced education

SECT

26. (1) At any time, and from time to time, during a year to which this Act applies, but subject to subsection (2) and to section 31, the Minister may, after obtaining the advice of the Commission, direct that this Act has effect as if all or any of the amounts specified in a relevant Schedule or in 2 or more relevant Schedules in relation to that year were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified (as from 1 January in that year) in that Schedule or those Schedules, as the case requires, in substitution for those amounts, those amounts as so varied.

(2) A direction shall not be given under subsection (1) during a year to which this Act applies:
(a) in the case of a direction that relates to only one relevant Schedule - that would have the effect of varying the amounts in that Schedule in such a way that, after the variation, the aggregate of the amounts specified in that Schedule in relation to that year is greater or less than the aggregate of those amounts before the giving of the direction; or
(b) in the case of a direction that relates to 2 or more relevant Schedules - that would have the effect of varying the amounts in those Schedules in such a way that, after the variation, the aggregate of the amounts specified in those Schedules in relation to that year is greater or less than the aggregate of those amounts before the giving of the direction.

(3) In this section, "relevant Schedule" means Schedule 1, 3, 6A, 7, 8 or 9.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 27
Variations of amounts specified in Schedule relating to recurrent
expenditure in relation to technical and further education

SECT

27. (1) At any time, and from time to time, during a year to which this Act applies, but subject to subsection (2) and to section 31, the Minister may, after obtaining the advice of the Commission, direct that this Act has effect as if all or any of the amounts specified in Schedule 4 in relation to that year were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified (as from 1 January in that year) in that Schedule, in substitution for those amounts, those amounts as so varied.

(2) A direction shall not be given under subsection (1) during a year to which this Act applies that would have the effect of varying the amounts in Schedule 4 in such a way that, after the variation, the aggregate of the amounts specified in that Schedule in relation to that year is greater or less than the aggregate of those amounts before the giving of the direction.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 28
Variations of amounts specified in Schedule relating to special
research grants

SECT

28. (1) At any time, and from time to time, during a year to which this Act applies, but subject to subsection (2) and to section 31, the Minister may, after obtaining the advice of the Commission, direct that this Act has effect as if all or any of the amounts specified in Schedule 5 in relation to that year were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified (as from 1 January in that year) in that Schedule, in substitution for those amounts, those amounts as so varied.

(2) A direction shall not be given under subsection (1) during a year to which this Act applies that would have the effect of varying the amounts in Schedule 5 in such a way that, after the variation, the aggregate of the amounts specified in that Schedule in relation to that year is greater or less than the aggregate of those amounts before the giving of the direction.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 29
Variations of amounts specified in certain Schedules relating to
special grants for technical and further education

SECT

29. (1) At any time, and from time to time, during a year to which this Act applies, but subject to subsection (2) and to section 31, the Minister may, after obtaining the advice of the Commission, direct that this Act has effect as if all or any of the amounts specified in a relevant Schedule or in 2 or more relevant Schedules in relation to that year were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified (as from 1 January in that year) in that Schedule or those Schedules, as the case requires, in substitution for those amounts, those amounts as so varied.

(3) In this section, "relevant Schedule" means Schedule 10, 11, 12 or 13.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 30
Variations of amounts specified in Schedule relating to adult education

SECT

30. (1) At any time, and from time to time, during a year to which this Act applies, but subject to subsection (2) and to section 31, the Minister may, after obtaining the advice of the Commission, direct that this Act has effect as if all or any of the amounts specified in Schedule 14 in relation to that year were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified (as from 1 January in that year) in that Schedule, in substitution for those amounts, those amounts as so varied.

(2) A direction shall not be given under subsection (1) during a year to which this Act applies that would have the effect of varying the amounts in Schedule 14 in such a way that, after the variation, the aggregate of the amounts specified in that Schedule in relation to that year is greater or less than the aggregate of those amounts before the giving of the direction.


STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 31 
Variations affecting State entitlements to grants 

SECT

  31. (1) A direction shall not be given under subsection 26 (1), 27 (1), 28
(1), 29 (1) or 30 (1) with respect to an amount specified in a Schedule in
relation to a State or to a relevant institution situated in a State unless
the Minister or the Commission has consulted the State in relation to the
proposed variation.
  (2) A direction shall not be given under subsection 26 (1), 27 (1), 28 (1),
29 (1) or 30 (1) that could result in a State becoming liable to pay an amount
to the Commonwealth under this Act.
  (3) The provisions of sections 48 (other than paragraphs (1) (a) and (b) and
subsection (2)), 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901
apply in relation to directions under subsection 26 (1), 27 (1), 28 (1), 29
(1) or 30 (1) as if in those provisions references to regulations were
references to directions, references to a regulation were references to a
direction and references to a repeal were references to a revocation.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART III
PART III - EQUIPMENT GRANTS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 32
Equipment grants for universities, colleges of advanced education
and non-government teachers colleges

SECT

32. (1) A university specified in Column 1 of Schedule 15 may, from time to time, submit for the approval of the Commission proposals for expenditure by the university on equipment for use by the university.

(2) A State may, from time to time, submit for the approval of the Commission proposals for expenditure by a college of advanced education or non-government teachers college situated in that State on equipment for use by the college.

(3) The Commission may approve a proposal submitted to the Commission under subsection (1) or (2) as an approved proposal for expenditure by the university or college, as the case requires, in respect of a year to which this Act applies, subject to such conditions as the Commission determines, and may vary or revoke any such approval.

(4) Subject to subsections (5), (6) and (7), in relation to each approved proposal for expenditure by a university, college of advanced education or non-government teachers college in respect of a year to which this Act applies, there is payable to the State in which the university or college, as the case requires, is situated, for the purposes of financial assistance in relation to expenditure incurred or to be incurred by the university or college in connection with the approved proposal, an amount equal to the amount of the proposed expenditure.

(5) The aggregate of the amounts payable to a State under subsection (4) in relation to approved proposals for expenditure by a university in respect of a year to which this Act applies shall not exceed the amount specified in Schedule 15 in relation to the university and to that year.

(6) The aggregate of the amounts payable to a State under subsection (4) in relation to approved proposals for expenditure by colleges of advanced education in respect of a year to which this Act applies shall not exceed the amount specified in Part I of Schedule 16 in relation to that State and to that year.

(7) The aggregate of the amounts payable to the States under subsection (4) in relation to approved proposals for expenditure by non-government teachers colleges in respect of a year to which this Act applies shall not exceed the amount specified in Part II of Schedule 16 in relation to that college and to that year.

(8) Financial assistance is granted to a State under this section in relation to approved proposals for expenditure by a university or college 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 university or college without undue delay;
(b) the State will ensure that the sum of the amounts expended by the university or college in connection with approved proposals for expenditure by the university or college in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under this section in relation to approved proposals for expenditure by the university or college in respect of that year; and
(c) the State will ensure that the university or college 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 by the university or college in connection with approved proposals for expenditure by the university or college in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.

(9) Financial assistance is granted to a State under this section in relation to approved proposals for expenditure by a non-government teachers college in respect of a year to which this Act applies on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to it under this section in relation to those approved proposals;
(b) the State will not make a payment to the approved authority of the college under this section in respect of an approved proposal for expenditure by the college unless the approved authority, before or at the time of accepting the first payment under this section in respect of the proposal, has agreed or agrees with the State to be bound by the following conditions:
(i) the approved authority will ensure that the sum of the
amounts expended by the college in connection with those approved proposals for expenditure by the college in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the approved authority under this section in relation to approved proposals for expenditure by the college in respect of that year;
(ii) the approved authority will cause to be furnished to the
Commission, not later than 30 September next following the end of that year, a certificate by a qualified accountant, in accordance with the approved form, to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled;
(iii) if the approved authority does not fulfil a condition
specified in subparagraph (i) or (ii), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to approved proposals for expenditure by the college in respect of that year) as the Minister determines should be repaid by the approved authority; and
(c) if an amount that the approved authority of the college is liable to pay to a State under the condition referred to in subparagraph (b) (iii) is paid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.

(10) The Minister may determine that an amount (in this subsection 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 subsection 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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 33
Equipment grants for technical and further education

SECT

33. (1) A State may, from time to time, submit for the approval of the Commission proposals for expenditure by the State and instrumentalities of the State on equipment for use in the provision of technical and further education in the State.

(2) The Commission may approve a proposal submitted to it by a State under subsection (1) as an approved proposal for expenditure (by a State or instrumentalities of the State) in respect of a year to which this Act applies subject to such conditions as the Commission determines, and may vary or revoke any such approval.

(3) Subject to subsection (4), in relation to each approved proposal for expenditure by a State and instrumentalities of a State in respect of a year to which this Act applies, there is payable to the State, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the State and by instrumentalities of the State in connection with the approved proposal, an amount equal to the amount of the proposed expenditure.

(4) The aggregate of the amounts payable to a State under subsection (3) in respect of approved proposals for expenditure by the State and instrumentalities of the State in respect of a year to which this Act applies shall not exceed the amount specified in Schedule 17 in relation to that State and to that year.

(5) Financial assistance is granted to a State under subsection (3) in relation to approved proposals for expenditure by the State and instrumentalities of the State 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 by the State and by instrumentalities of the State in connection with approved proposals in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the State under subsection (3) in relation to approved proposals for expenditure by the State and instrumentalities of the State in respect of a year to which this Act applies; and
(b) the State will cause to be furnished 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 by the State and by instrumentalities of the State in connection with the proposal, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 34
Equipment grants for Northern Territory tertiary education institutions

SECT

34. (1) The Northern Territory may, from time to time, submit for the approval of the Commission proposals for expenditure by a Northern Territory tertiary education institution on equipment for use by the institution in providing courses of advanced education.

(2) The Commission may approve a proposal submitted to it under subsection (1) as an approved proposal for expenditure by the institution in respect of a year to which this Act applies subject to such conditions as the Commission determines, and may vary or revoke any such approval.

(3) Subject to subsection (4), in relation to each approved proposal for expenditure by a Northern Territory tertiary education institution in respect of a year to which this Act applies, there is payable to the Northern Territory, for the purpose of financial assistance in relation to expenditure incurred or to be incurred by the institution in connection with the approved proposal, an amount equal to the amount of the proposed expenditure.

(4) The aggregate of the amounts payable to the Northern Territory under subsection (3) in respect of approved proposals in respect of a year to which this Act applies shall not exceed the amount specified in Part III of Schedule 16 in relation to that year.

(5) Financial assistance is granted to the Northern Territory under subsection (3) in relation to approved proposals for expenditure by 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 pay each amount of that financial assistance received by it to the institution without undue delay;
(b) the Northern Territory will ensure that the sum of the amounts expended by the institution in connection with approved proposals for expenditure by the institution in respect of that year, being amounts expended before 1 January next following the end of that year or expended on or after that date in respect of commitments entered into before that date, is not less than the sum of the amounts of financial assistance paid to the Northern Territory under subsection (3) in relation to approved proposals for expenditure by the institution in respect of that year; and
(c) the Northern Territory will ensure that the institution 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 by the institution in connection with approved proposals for expenditure by the institution in respect of that year, being expenditure that occurred before 1 January next following the end of that year or that occurred on or after that date in respect of commitments entered into before that date.

(6) The Minister may determine, that an amount (in this subsection 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 subsection 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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 35
Variation of amounts specified in certain Schedules relating to
equipment grants

SECT

35. (1) At any time, and from time to time, during a year to which this Act applies, but subject to subsection (2) and to section 36, the Minister may, after obtaining the advice of the Commission, direct that this Act has effect as if all or any of the amounts specified in a relevant Schedule or the relevant Schedules in relation to that year were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified (as from 1 January in that year) in that Schedule or those Schedules, as the case requires, in substitution for those amounts, those amounts as so varied.

(2) A direction shall not be given under subsection (1) during a year to which this Act applies that would have the effect of varying the amounts in a relevant Schedule or the relevant Schedules in such a way that, after the variation, the aggregate of the amounts specified in that Schedule or those Schedules, as the case requires, in relation to that year is greater or less than the aggregate of those amounts before the giving of the direction.

(3) At any time, and from time to time, during a year to which this Act applies, but subject to subsection (4) and to section 36, the Minister may, after obtaining the advice of the Commission, direct that this Act has effect as if all or any of the amounts specified in Schedule 17 in relation to that year were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified (as from 1 January in that year) in that Schedule, in substitution for those amounts, those amounts as so varied.

(4) A direction shall not be given under subsection (3) during a year to which this Act applies that would have the effect of varying the amounts in Schedule 17 in such a way that, after the variation, the aggregate of the amounts specified in that Schedule in relation to that year is greater or less than the aggregate of those amounts before the giving of the direction.

(5) In this section "relevant Schedule" means Schedule 15 or 16.


STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 36 
Variations affecting State entitlements to grants 

SECT

  36. (1) A direction shall not be given under subsection 35 (1) or (3) with
respect to an amount specified in a Schedule in relation to a State or to a
relevant institution situated in a State unless the Minister or the Commission
has consulted the State in relation to the proposed variation.
  (2) A direction shall not be given under subsection 35 (1) or (3) that could
result in a State becoming liable to pay an amount to the Commonwealth under
this Act.
  (3) The provisions of sections 48 (other than paragraphs (1) (a) and (b) and
subsection (2)), 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901
apply in relation to directions under subsection 35 (1) or (3) as if in those
provisions references to regulations were references to directions, references
to a regulation were references to a direction and references to a repeal were
references to a revocation.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART IV
PART IV - BUILDING GRANTS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 37
Approval of, and directions relating to, additional building projects

SECT

37. (1) For the purposes of this Act, the Minister, after obtaining the advice of the Commission:
(a) may approve a building project (other than a minor building project) submitted to the Minister by a university as an approved building project of the university in respect of a year to which this Act applies;
(b) may approve a building project (other than a minor building project) submitted to the Minister by a State as an approved building project of a college of advanced education in respect of a year to which this Act applies;
(c) may approve a building project (other than a minor building project) submitted to the Minister by a State as an approved building project of a technical and further education institution in respect of a year to which this Act applies;
(ca) may approve a building project (other than a minor building project) submitted to the Minister by a State as an approved building project of an institute of tertiary education in respect of a year to which this Act applies; and
(d) may direct that information included in a specified class of information be furnished to the Commission in respect of building projects included in a specified class of building projects at such times and in such manner as are specified in the direction.

(2) The building projects that may be approved by the Minister under subsection (1) in respect of a year to which this Act applies are building projects additional to the building projects specified in Schedules 18, 19, 20 and 20A.

(3) Where the Minister approves a building project under subsection (1) in respect of a year to which this Act applies, the Minister shall also approve:
(a) an amount as the maximum Commonwealth contribution towards the project, being so much of the amount estimated by the Minister to be the cost of the project as the Minister determines to be the appropriate Commonwealth contribution towards the project; and
(b) an amount of expenditure, not exceeding the estimated expenditure on the project in respect of that year, as the amount of the approved expenditure on the project in respect of that year.

(4) For the purposes of this Act, where information is furnished to the Commission in accordance with a direction under paragraph (1) (d) with respect to a building project of a university, or with respect to a building project of a college of advanced education, a non-government teachers college, a technical and further education institution or an institute of tertiary education, in a State, being a building project specified in Schedule 18, 19, 20 or 20A or a minor building project approved by the Commission in respect of a year to which this Act applies, the Commission shall, after consideration of that information, give directions to the university, or to the State, as the case may be, with respect to the manner in which the project is to be carried out.

(5) The Commission may vary or revoke a direction given by it under this section.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 38
Major building projects

SECT

38. (1) Where a building project:
(a) is specified, in relation to a university, in Column 2 of Schedule 18;
(b) is specified, in relation to a college of advanced education, in Column 2 of Schedule 19; or
(c) is specified, in relation to an institute of tertiary education, in Column 2 of Schedule 20A;
there is payable to the State in which the university, college or institute is situated, for the purpose of financial assistance in relation to the project in respect of a year to which this Act applies, the amount specified in Column 4, 5 or 6, as the case requires, of that Schedule in relation to the description of the project in Column 2 of that Schedule and to that year.

(2) Where a building project is specified, in relation to a technical and further education institution, in Column 2 of Schedule 20, there is payable to the State in which the institution is situated, for the purposes of financial assistance in relation to the project in respect of a year to which this Act applies, the amount specified in Column 4, 5 or 6, as the case requires, of that Schedule in relation to the description of the project in Column 2 and to that year.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 39
Minor building projects

SECT

39. (1) The Commission may:
(a) approve a minor building project submitted to the Commission by a university as an approved minor building project of the university in respect of a year to which this Act applies;
(b) approve a minor building project submitted to the Commission by a State as an approved minor building project of a college of advanced education in respect of a year to which this Act applies; or
(c) approve a minor building project submitted to the Commission by a State as an approved minor building project of a non- government teachers college in respect of a year to which this Act applies;
and, where the Commission does so, the Commission shall also approve an amount, being an amount equal to the estimated cost of the project, as the approved cost of the project and an amount as the amount of the approved expenditure on the project in respect of that year.

(2) Subject to subsections (3), (4) and (5), where the Commission approves, under subsection (1), a minor building project of a university, college of advanced education or non-government teachers college in respect of a year to which this Act applies, there is payable to the State in which the university or college is situated, for the purpose of financial assistance in relation to the project in respect of that year, an amount equal to the amount of the approved expenditure on the project in respect of that year.

(3) The aggregate of the amounts payable to a State under subsection (2), in relation to a university specified in Column 1 of Schedule 21, in respect of a year to which this Act applies, shall not exceed the amount specified in that Schedule in relation to the university and to that year.

(4) The aggregate of the amounts payable to a State under subsection (2), in relation to colleges of advanced education, in respect of a year to which this Act applies, shall not exceed the amount specified in Part I of Schedule 22 in relation to the State and to that year.

(5) The aggregate of the amounts payable to a State under subsection (2), in relation to non-government teachers colleges, in respect of a year to which this Act applies, shall not exceed the amount specified in Part II of Schedule 22 in relation to the college and to that year.

(6) The Commission may revoke or vary an approval given under subsection (1) and, if the Commission varies the amount of the approved expenditure on a project in respect of a year to which this Act applies, then, for the purposes of this Act, the amount as so varied shall be deemed as from the date on which the project was so approved to have been the amount of the approved expenditure on the project in respect of that year.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 40
Conditions attaching to building grants

SECT

40. (1) Financial assistance is granted to a State under section 38 or 39 in relation to an approved building project of a relevant institution in respect of a year to which this Act applies on the conditions that:
(a) in a case where the relevant institution is an institution other than a technical and further education institution - the State will pay each amount paid to it under that section to the relevant institution without undue delay;
(b) the State will ensure that the sum of the amounts expended in relation to work carried out before 1 January next following the end of that year in connection with the project will be not less than the sum of the amounts paid to the State in relation to the project under this Act or under any previous Act that granted financial assistance to the States in relation to relevant institutions of that kind;
(c) the State will ensure that information in respect of the project is furnished to the Commission in accordance with any relevant direction under paragraph 37 (1) (d);
(d) the State will ensure that the project will be carried out in accordance with the directions (if any) given by the Commission under subsection 37 (4);
(e) the State will ensure that, if the Commission so requests, there will be furnished to the Commission, as soon as practicable after such date as the Commission specifies, such particulars as are specified by the Commission concerning the progress or expected progress of the work or matter constituting the project; and
(f) the State will cause to be furnished 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 amounts expended in respect of work carried out before 1 January next following the end of that year in connection with the approved project.

(2) Where the amount of financial assistance paid to a State in respect of each of a number of minor projects is less than $70,000 in respect of a year to which this Act applies, a statement by a qualified auditor for the purposes of paragraph (1) (f) may deal in the aggregate with expenditure in relation to all of those projects.

(3) In subsection (1), a reference to an approved building project of a relevant institution includes a reference to:
(a) in a case where the relevant institution is a university - a building project specified in Column 2 of Schedule 18 in relation to the university;
(b) in a case where the relevant institution is a college of advanced education - a building project specified in Column 2 of Schedule 19 in relation to the college;
(c) in a case where the relevant institution is a technical and further education institution - a building project specified in Column 2 of Schedule 20 in relation to the technical and further education institution; or
(d) in a case where the relevant institution is an institute of tertiary education - a building project specified in Column 2 of Schedule 20A in relation to the institute.

(4) Where an amount (in this subsection referred to as the "relevant amount") is expended in relation to work carried out in connection with a building project (not being a minor building project), being an amount that is expended:
(a) otherwise than during a grant year in relation to the project; and
(b) at a time when there is not in force an approval by the Minister for expenditure in relation to work on the project to commence before the first year that is a grant year in relation to the project;
then, for the purposes of the application of subsection (1) in relation to the project, the relevant amount shall be taken not to have been expended in relation to work carried out in connection with the project unless the Minister otherwise directs.

(5) For the purposes of subsection (4), a year is a grant year in relation to a building project if this Act or any previous Act provides or provided for the grant of financial assistance to a State in relation to the project in respect of that year.

(6) Financial assistance is granted to a State under subsection 39 (2) in relation to a minor building project of a non-government teachers college in respect of a year to which this Act applies on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to it in relation to the project;
(b) the State will not make a payment to the approved authority of the college under this section in relation to the project unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:
(i) the approved authority will ensure that the sum of the
amounts expended in relation to work carried out before 1 January next following the end of that year in connection with the project is not less than the sum of the amounts of financial assistance paid to the approved authority under section 39 in relation to the project in respect of that year;
(ii) the approved authority will ensure that information in
respect of the project is furnished to the Commission in accordance with any relevant direction under paragraph 37 (1) (d);
(iii) the approved authority will ensure that the project will
be carried out in accordance with the directions (if any) given by the Commission under subsection 37 (4);
(iv) the approved authority will ensure that, if the
Commission so requests, there will be furnished to the Commission by the college, not later than such date as the Commission specifies, such particulars as are specified by the Commission concerning the progress or expected progress of the work or matter constituting the project;
(v) the approved authority will cause to be furnished to the
Commission, not later than 30 September next following the end of that year, a certificate by a qualified accountant, in accordance with the approved form, to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled;
(vi) if the approved authority does not fulfil a condition
specified in subparagraph (i), (ii), (iii), (iv) or (v), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to the project) as the Minister determines should be repaid by the approved authority; and
(c) if the amount that the approved authority of the college is liable to pay under the condition referred to in subparagraph (b) (vi) is paid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.

(7) The Minister may determine that an amount (in this subsection 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 subsection 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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 41
Variation of certain Schedules relating to building projects

SECT

41. (1) At any time, and from time to time, during a year to which this Act applies, but subject to subsection (2) and to section 42, the Minister may, after obtaining the advice of the Commission, direct that this Act has effect as if all or any of the amounts specified in any one or more of the relevant Schedules in relation to that year were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified (as from 1 January in that year) in that Schedule or those Schedules, as the case requires, in substitution for those amounts, those amounts as so varied.

(2) Where the Minister approves a building project under paragraph 37 (1) (a), (b), (c) or (ca) as a building project in respect of the year to which this Act applies, the Minister shall, subject to subsection (3) and to section 42, direct that this Act has effect as if:
(a) Schedule 18, 19, 20 or 20A, as the case requires, were varied by including in that Schedule particulars of the project and of the amount of the approved expenditure on that project in respect of that year; and
(b) all or any of the amounts specified in a relevant Schedule or 2 or more relevant Schedules were varied in accordance with the direction, being variations consequential upon the variation referred to in paragraph (a);
and, where the Minister gives such a direction, then, for the purposes of this Act (including this section):
(c) the particulars referred to in paragraph (a) shall be deemed to have been specified in the Schedule referred to in that paragraph (as from 1 January in that year); and
(d) there shall be deemed to have been specified in the relevant Schedule or relevant Schedules referred to in paragraph (b) (as from 1 January in that year), in substitution for the amounts referred to in that paragraph, those amounts as so varied.

(3) A direction shall not be given under subsection (1) or (2) during a year to which this Act applies:
(a) in the case of a direction that relates to only one relevant Schedule - that would have the effect of varying the amounts in that Schedule in such a way that, after the variation, the aggregate of the amounts specified in that Schedule in relation to that year is greater or less than the aggregate of those amounts before the giving of the direction; and
(b) in the case of a direction that relates to 2 or more relevant Schedules - that would have the effect of varying the amounts in those Schedules in such a way that, after the variation, the aggregate of the amounts specified in those Schedules in relation to that year is greater or less than the aggregate of those amounts before the giving of the direction.

(3A) Subject to subsection 42 (1), the Minister may, from time to time, after obtaining the advice of the Commission, direct that this Act has effect as if all or any of the amounts specified in Column 3 of Schedule 18, 19, 20 or 20A were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified (as from the day on which this Act came into operation) in that Schedule or those Schedules, as the case requires, in substitution for those amounts, those amounts as so varied.

(3B) The Minister may, from time to time, after obtaining the advice of the Commission, direct that this Act has effect as if a description of a project specified in Column 2 of Schedule 18, 19, 20 or 20A were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of any such description, then, for the purposes of this Act (including this section), there shall be deemed to have been specified (as from the day on which this Act came into operation) in that Schedule, in substitution for that description, that description as so varied.

(4) In this section, "relevant Schedule" means Schedule 18, 19, 20, 20A, 21 or 22.


STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 42 
Variations affecting State entitlements to grants 

SECT

  42. (1) A direction shall not be given under subsection 41 (1), (2) or (3A)
with respect to an amount specified in a Schedule in relation to a State or to
a relevant institution situated in a State unless the Minister or the
Commission has consulted the State in relation to the proposed variation.
  (2) A direction shall not be given under subsection 41 (1) or (2) that could
result in a State becoming liable to pay an amount to the Commonwealth under
this Act.
  (3) The provisions of sections 48 (other than paragraphs (1) (a) and (b) and
subsection (2)), 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901
apply in relation to directions under subsection 41 (1) or (2) as if in those
provisions references to regulations were references to directions, references
to a regulation were references to a direction and references to a repeal were
references to a revocation.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART V
PART V - NON-GOVERNMENT BUSINESS COLLEGES

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 43
Approvals by Minister

SECT

43. (1) The Minister may approve a course of instruction in secretarial studies that is being provided or is proposed to be provided by a non-government business college in a year to which this Act applies as an approved course of that college for the purpose of this Part in respect of that year.

(2) Without limiting the matters to which the Minister may have regard in deciding whether to approve a course of instruction under subsection (1), the Minister shall have regard to:
(a) the content of the course and the standards to be attained in the course;
(b) the qualifications possessed by the teachers providing instruction in the course;
(c) the adequacy of the facilities available for the conduct of the course;
(d) the extent to which instruction will be given to students undertaking the course directly by the teachers providing instruction in the course; and
(e) the duration of the course.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 44
Grants for approved courses provided by non-government business colleges

SECT

44. (1) The Minister shall, after 31 December in a year to which this Act applies, authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non-government business college in providing in that State, in that year, a course that is an approved course of that college in respect of that year, of such amount as the Minister determines.

(2) The Minister shall not authorize the payment to a State under subsection (1), in relation to the provision in that State by a non-government business college, in a year to which this Act applies, of an approved course of that college in respect of that year, of an amount that exceeds the sum of the amounts (if any) respectively ascertained in respect of each of the months of that year by multiplying the amount specified in the Column of Schedule 23 that relates to that year as the maximum capitation amount in respect of each month of that year by the total number of students receiving instruction in that course in that State on the business college census date for that month.

(3) 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, a student receiving instruction in such a course on that date who was receiving instruction in such a course on each of 10 or more previous business college census dates (whether in that year or in that year and in a previous year or previous years and whether or not the student was, on that first-mentioned date and those previous dates, receiving instruction in the same approved course of secretarial studies) shall be disregarded.

(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.

(4) Financial assistance is granted to a State under this section in respect of the recurrent expenditure of a non-government business college in the provision, in that State, in a year to which this Act applies, of an approved course of that college on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the college an amount equal to each amount paid to the State under this section in relation to the college;
(b) the State will not make a payment to the approved authority under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to
the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure incurred, in respect of that year, by the college in the provision in that year of approved courses of that college;
(ii) the approved authority will cause to be furnished to the
Minister not later than 30 September next following the end of that year:
(A) a certificate, in accordance with the form approved by
the Minister, by a qualified accountant to the effect that the accountant is satisfied that the condition specified in subparagraph (i) has been fulfilled; and
(B) a statement, in accordance with the form approved by the
Minister, that contains such information in respect of the recurrent expenditure of the college, and such other financial and statistical information in respect of the college, as is required by the Minister to be so furnished;
(iii) if the approved authority does not fulfil a condition
specified in subparagraph (i) or (ii), the approved authority will, if the Minister so determines, pay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority; and
(c) if an amount that the approved authority of the college is liable to pay to the State under the condition referred to in subparagraph (b) (iii) is paid by the approved authority to the State, or is recovered by the State from the approved authority, the State will pay to the Commonwealth an amount equal to that amount.

(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-governemnt business college, but does not include a person to whom subsection 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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART VI
PART VI - MISCELLANEOUS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 45
Benefits of, and opportunities created by, grants to be equally
available to male students and female students

SECT

45. (1) A payment under this Act to a State for the purposes of financial assistance is granted on the condition that the State will ensure that the benefits of, and the opportunities created by, the payment will, as far as practicable, be equally available to male students and female students.

(2) Subsection (1) does not apply in relation to payments in respect of student residences or affiliated colleges.

(3) Subsection (1) does not apply in relation to a payment made for the purpose of providing a course of instruction at a non-government business college all the students at which are of the same sex.

(4) Where:
(a) the benefits of, or the opportunities created by, a particular project or program or particular expenditure would not, but for this subsection, be equally available to male students and female students; and
(b) an object of the project, program or expenditure is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure that persons of that sex have equal opportunities with persons of the other sex in connection with education or training;
the benefits of, or the opportunities created by, the project, program or expenditure shall not be taken, for the purposes of this Act, not to be equally available to male students and female students.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 46
Additional conditions etc.

SECT

46. (1) In addition to the conditions specified in any other provision of this Act, financial assistance is granted to a State under this Act in respect of a year to which this Act applies on the conditions that:
(a) if the Minister informs the State that the Minister is satisfied that the State has failed to fulfil a condition applicable to that financial assistance, the State will pay to the Commonwealth the amount (if any) specified by the Minister, being an amount not exceeding the amount of the financial assistance; and
(b) if the amount of the financial assistance paid to the State under a provision of this Act exceeds the amount of that financial assistance that is properly payable to the State under that provision, the State will pay an amount equal to the excess to the Commonwealth.

(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 subsection (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 subsection 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.

(4) In subsection (2), a reference to a relevant certificate furnished to the Commission in compliance with the conditions attaching to a grant of financial assistance shall be read as a reference:
(a) in a case where the grant of financial assistance is a grant in relation to a university in respect of the year 1984 under section 7 of the previous Assistance Act - to a certificate furnished in compliance with subsection 7 (2) of that Act;
(b) in a case where the grant of financial assistance is a grant in relation to a college of advanced education in respect of the year 1984 under section 15 of the previous Assistance Act - to a certificate furnished in compliance with subsection 15 (2) of that Act; and
(c) in a case where the grant of financial assistance is a grant to a university or college of advanced education in respect of the year 1985 or 1986 under section 5 of this Act - to a certificate furnished in compliance with paragraph 5 (3) (d) of this Act.

(5) The provisions of sections 48 (other than paragraphs (1) (a) and (b) and subsection (2)), 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to directions under subsection (2) of this section as if in those provisions references to regulations were references to directions, references to a regulation were references to a direction and references to a repeal were references to a revocation.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 47
Time and manner of payments

SECT

47. Financial assistance payable to a State under this Act shall be paid in such amounts, and at such times, as the Minister for Finance determines.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 48
Delegation

SECT

48. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate, to the Commission or a full-time member of the Commission or to an officer of the Department all or any of the Minister's powers under this Act, other than this power of delegation.

(2) The Commission may, by resolution, either generally or as otherwise provided by the resolution, delegate to a full-time member of the Commission all or any of its powers under this Act, other than this power of delegation.

(3) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister or the Commission, as the case requires.

(4) A delegation of a power by the Minister under this section does not prevent the exercise of the power by the Minister.

(5) A delegation of a power by the Commission under this section:
(a) may be revoked by resolution of the Commission (whether or not constituted by the persons constituting the Commission at the time the power was delegated);
(b) does not prevent the exercise of the power by the Commission; and
(c) continues in force notwithstanding a change in the membership of the Commission.

(6) Where a provision of this Act confers a power upon the Minister to do any act or thing after obtaining the advice of the Commission:
(a) the power may be delegated by the Minister to the Commission or a full-time member of the Commission under subsection (1); and
(b) that provision has effect in relation to the exercise of the power by the Commission or the full-time member of the Commission, as the case may be, under such a delegation as if the requirement for obtaining the advice of the Commission were omitted.

(7) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Commission were a person.

(8) A certificate signed by the Chairman stating any matter with respect to a delegation of a power by the Commission under this section is prima facie evidence of that matter.

(9) A document purporting to be a certificate mentioned in subsection (8) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 49
Advances

SECT

49. The Minister may make arrangements for the making of advances by the Minister to a State, by way of financial assistance to the State, on account of an amount that is expected to become payable under a provision of this Act to the State, and the conditions that would be applicable to a payment of the amount under that provision are applicable to any such advance.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 50
Payments may be made out of the Consolidated Revenue Fund or the
Loan Fund

SECT

50. Payments (including an advance under section 49) to a State under this Act may be made out of:
(a) in the case of payments under section 32, 33, 34, 38 or 39 - the Consolidated Revenue Fund or the Loan Fund; or
(b) in any other case - the Consolidated Revenue Fund.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 51
Authority to borrow

SECT

51. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts payable to the States under section 32, 33, 34, 38 or 39.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 52
Application of moneys borrowed

SECT

52. Moneys borrowed under section 51 shall be issued and applied only for the expenses of borrowing, for the purpose of making payments to the States in accordance with section 32, 33, 34, 38 or 39 and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 53.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 53
Reimbursement of Consolidated Revenue Fund from Loan Fund

SECT

53. (1) Where an amount has been paid out of the Consolidated Revenue Fund in accordance with section 32, 33, 34, 38 or 39, the Minister for Finance may authorize the payment to that Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(2) In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Minister for Finance under section 49 or 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under subsection (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 54
Appropriation

SECT

54. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 55
Report by Minister

SECT

55. The Minister shall, as soon as practicable after the end of each year to which this Act applies, cause a report setting out details of determinations made by the Minister or the Commission under section 4, 7, 8, 9, 10, 11, 12, 14, 26, 27, 28, 29, 30, 35, 37 or 41, or estimates or revisions of estimates made by the Minister under section 4A, to be laid before each House of the Parliament.


STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART VII 
 PART VII - AMENDMENTS OF THE STATES GRANTS (TERTIARY 
 EDUCATION ASSISTANCE) ACT 1981

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 56
Principal Act

SECT

56. The States Grants (Tertiary Education Assistance) Act 1981 is in this Part referred to as the Principal Act.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 57
Recurrent grants in respect of student residences and affiliated colleges

SECT

57. Section 11 of the Principal Act is amended by omitting from paragraph (3) (c) "$3,592,000" and substituting "$3,613,000".

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 58
Recurrent grants in respect of student residences and affiliated colleges

SECT

58. Section 20 of the Principal Act is amended by omitting from paragraph (3) (c) "$1,094,000" and substituting "$1,101,000".


STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 59 
Grants for courses of teacher education provided by non-government 
teachers colleges 

SECT

  59. Section 23 of the Principal Act is amended:

  (a) by omitting from subparagraph (2) (a) (iii) "$1,029,000" and
substituting "$1,036,000"; and

  (b) by omitting from subparagraph (2) (b) (iii) "$1,518,000" and
substituting "$1,528,000".


STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 60 
Grants for community language courses 

SECT

  60. Section 38 of the Principal Act is amended by omitting from paragraph
(4) (c) "$958,000" and substituting "$963,000".

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 61
Recurrent grants may be increased to assist institutions in
meeting certain superannuation expenses

SECT

61. Section 38A of the Principal Act is amended by omitting from paragraph (3) (b) "$9,370,000" and substituting "$12,054,000".

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 62
Recurrent grants may be increased to assist institutions to meet
expenses due to increased enrolments in 1984

SECT

62. Section 38B of the Principal Act is amended by omitting from subsection (2) "$10,766,000" and substituting "$10,834,000".

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 63
Substitution of Schedules

SECT

63. (1) Schedules 1, 2, 2A and 3 to the Principal Act are repealed and the Schedules set out in Schedule 24 to this Act are substituted.

(2) Schedule 6 to the Principal Act is repealed and the Schedule set out in Schedule 25 to this Act is substituted.

(3) Schedule 7B to the Principal Act is repealed and the Schedule set out in Schedule 26 to this Act is substituted.

(4) Schedule 8 to the Principal Act is repealed and the Schedule set out in Schedule 27 to this Act is substituted.

(5) Schedule 10 to the Principal Act is repealed and the Schedule set out in Schedule 28 to this Act is substituted.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 64
Payments made before Royal Assent

SECT

64. 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.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984
- SCHEDULES

SCH

FOR SCHEDULES SEE HARD COPY

Federal Register of Legislation - Australian Government

Primary content

States Grants (Tertiary Education Assistance) Act 1984

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - Reprinted as at 31 January 1993 (HISTACT CHAP 1012 #DATE 31:01:1993)

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - TABLE OF PROVISIONS

TABLE

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - LONG TITLE

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART I PART I - PRELIMINARY

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 1 Short title

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 2 Commencement

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 3 Interpretation

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4 New teaching developments

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4A Estimate of relevant enrolments

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4B Calculation of amounts of reductions

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4C Adjustments where estimated enrolments not equal to actual enrolments

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4D Amount of charge

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART II PART II - RECURRENT GRANTS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 1 Division 1 - General recurrent grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 5 Grants for expenditure for university purposes and college purposes

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 6 Grants for recurrent expenditure of technical and further education institutions

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 7 Promotion of equality of opportunity

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 8 Recurrent grants may be increased to assist institutions in promoting greater participation of Aboriginals in tertiary education

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 9 Special assistance for students

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 10 Key centres of teaching and research

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 11 Recurrent grants may be increased to assist institutions in meeting certain superannuation expenses

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 12 Recurrent grants in respect of student residences and affiliated colleges

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 2 Division 2 - Special grants for universities

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 13 Special research grants

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 14 Special research centres

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 15 Recurrent grants in respect of teaching hospitals

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 3 Division 3 - Special grants for advanced education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 15A Grants for expenditure in connection with the provision of courses of advanced education in institutes of tertiary education

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 16 Grants for expenditure in connection with the provision of courses of advanced education in technical and further education institutions

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 17 Grants to Northern Territory for recurrent expenditure in respect of courses of advanced education etc.

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 18 Grants for courses of teacher education provided by non-government teachers colleges

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 4 Division 4 - Special grants in relation to technical and further education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 20 Grants for special courses

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 21 Grants for special services

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 22 Quality improvement grants

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 23 Management grants

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 23A Traineeship grants

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 24 Conditions attaching to grants for technical and further education

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 25 Grants for adult education provided by non-government bodies

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 5 Division 5 - Variations of Schedules

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 26 Variations of amounts specified in certain Schedules relating to recurrent expenditure for universities and advanced education

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 27 Variations of amounts specified in Schedule relating to recurrent expenditure in relation to technical and further education

SECT

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 28 Variations of amounts specified in Schedule relating to special research grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984
- Reprinted as at 31 January 1993 (HISTACT CHAP 1012 #DATE 31:01:1993)

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART I
PART I - PRELIMINARY

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 1
Short title

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 2
Commencement

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 3
Interpretation

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4
New teaching developments

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4A
Estimate of relevant enrolments

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4B
Calculation of amounts of reductions

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4C
Adjustments where estimated enrolments not equal to actual enrolments

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 4D
Amount of charge

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART II
PART II - RECURRENT GRANTS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 1
Division 1 - General recurrent grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 5
Grants for expenditure for university purposes and college purposes

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 6
Grants for recurrent expenditure of technical and further
education institutions

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 7
Promotion of equality of opportunity

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 8
Recurrent grants may be increased to assist institutions in
promoting greater participation of Aboriginals in tertiary education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 9
Special assistance for students

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 10
Key centres of teaching and research

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 11
Recurrent grants may be increased to assist institutions in
meeting certain superannuation expenses

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 12
Recurrent grants in respect of student residences and affiliated colleges

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 2
Division 2 - Special grants for universities

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 13
Special research grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 14
Special research centres

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 15
Recurrent grants in respect of teaching hospitals

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 3
Division 3 - Special grants for advanced education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 15A
Grants for expenditure in connection with the provision of courses
of advanced education in institutes of tertiary education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 16
Grants for expenditure in connection with the provision of courses
of advanced education in technical and further education institutions

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 17
Grants to Northern Territory for recurrent expenditure in respect
of courses of advanced education etc.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 18
Grants for courses of teacher education provided by non-government
teachers colleges

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 4
Division 4 - Special grants in relation to
technical and further education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 20
Grants for special courses

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 21
Grants for special services

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 22
Quality improvement grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 23
Management grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 23A
Traineeship grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 24
Conditions attaching to grants for technical and further education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 25
Grants for adult education provided by non-government bodies

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - DIVISION 5
Division 5 - Variations of Schedules

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 26
Variations of amounts specified in certain Schedules relating to
recurrent expenditure for universities and advanced education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 27
Variations of amounts specified in Schedule relating to recurrent
expenditure in relation to technical and further education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 28
Variations of amounts specified in Schedule relating to special
research grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 29
Variations of amounts specified in certain Schedules relating to
special grants for technical and further education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 30
Variations of amounts specified in Schedule relating to adult education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 31
Variations affecting State entitlements to grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART III
PART III - EQUIPMENT GRANTS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 32
Equipment grants for universities, colleges of advanced education
and non-government teachers colleges

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 33
Equipment grants for technical and further education

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 34
Equipment grants for Northern Territory tertiary education institutions

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 35
Variation of amounts specified in certain Schedules relating to
equipment grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 36
Variations affecting State entitlements to grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART IV
PART IV - BUILDING GRANTS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 37
Approval of, and directions relating to, additional building projects

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 38
Major building projects

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 39
Minor building projects

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 40
Conditions attaching to building grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 41
Variation of certain Schedules relating to building projects

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 42
Variations affecting State entitlements to grants

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART V
PART V - NON-GOVERNMENT BUSINESS COLLEGES

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 43
Approvals by Minister

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 44
Grants for approved courses provided by non-government business colleges

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART VI
PART VI - MISCELLANEOUS

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 45
Benefits of, and opportunities created by, grants to be equally
available to male students and female students

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 46
Additional conditions etc.

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 47
Time and manner of payments

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 48
Delegation

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 49
Advances

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 50
Payments may be made out of the Consolidated Revenue Fund or the
Loan Fund

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 51
Authority to borrow

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 52
Application of moneys borrowed

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 53
Reimbursement of Consolidated Revenue Fund from Loan Fund

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 54
Appropriation

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 55
Report by Minister

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - PART VII
PART VII - AMENDMENTS OF THE STATES GRANTS (TERTIARY
EDUCATION ASSISTANCE) ACT 1981

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 - SECT 56
Principal Act