Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 7

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 sub-section (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 sub-section (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-$1,049,000;

   (b)  in respect of the year 1986-$1,049,000; or

   (c)  in respect of the year 1987-$1,049,000.

(6) Where financial assistance is granted to a State under sub-section (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 or college of advanced 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 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 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 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 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 sub-section (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 or college of advanced 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
               sub-paragraph (i) has been fulfilled;

        (iii)  if the relevant body or person does not fulfil a condition
               specified in sub-paragraph (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 sub-paragraph (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; 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;

   (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.