Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 16

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.

(2) Financial assistance is granted to a State under sub-section (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 sum of the amounts of financial assistance paid to the
        State under sub-section (1) 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;

   (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 sub-section 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 sub-sections (2), (4) (5), (6) and (8) to and in relation to
financial assistance granted to that State under sub-section (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 sub-section
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 sub-section (4) or (5) shall not exceed the amount of the excess
referred to in sub-section (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
sub-section 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 sub-section (7) in relation
to a technical and further education institution in respect of a year
(in this sub-section 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 sub-section 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 sub-section (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.