Commonwealth Consolidated Acts(1) Subject to this section and to section 14, in relation to each college of advanced education specified in column 1 of Part I of Schedule 2, there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to a work or other matter specified in column 2 of that Part of that Schedule, such amount (if any) as the Commission approves, but not exceeding:
(a) if a determination is in force under subsection (2) specifying an amount to be the maximum amount payable under this section to the State in respect of the work or matter--the amount so specified; or
(b) in any other case‑the amount specified in column 3 of that Part of that Schedule opposite to the description of the work or matter in column 2.
(2) If a State requests that the maximum amount payable under this section to the State in respect of a work or other matter specified in respect of a college of advanced education in column 2 of Part I of Schedule 2 be increased or reduced:
(a) the Minister may, in his or her discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less than the amount specified in column 3 of Part I of that Schedule opposite to the description of the work or matter in column 2 is to be the maximum amount payable to the State in respect to the work or matter; or
(b) if there is no determination by the Minister in force under paragraph (a) in respect of the work or matter, the Commission may, in its discretion, determine that an amount specified in the determination, being an amount that is greater or less by not more than $200,000 than the amount specified in column 3 of that Part of that Schedule opposite to the description of the work or matter in column 2, is to be the maximum amount payable to the State in respect of the work or matter.
(3) If, after the Commission has made a determination under paragraph (2)(b) in relation to a work or matter, the Minister makes a determination under paragraph (2)(a) in relation to the work or matter, the determination of the Commission ceases to have effect.
(4) Subject to subsection (5), where the Minister approves a work or other matter in respect of a college of advanced education under subsection 4(1), there is payable to the State in which the college is situated, for the purpose of financial assistance in relation to the work or other matter, such amounts (if any) as the Commission approves, but not exceeding the amount approved by the Minister under that subsection as the estimated cost of that work or other matter.
(5) The sum of the amounts payable to a State under subsection (4) shall not exceed:
(a) if a determination is in force under subsection (6) specifying an amount to be the maximum amount payable under subsection (4) to the State in respect of works and other matters referred to in that subsection‑the amount so specified; or
(b) in any other case--the amount specified in column 2 of Part II of Schedule 2 in relation to the State.
(6) At the request of a State:
(a) the Minister may, in his or her discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less than the amount specified in relation to the State in column 2 of Part II of Schedule 2, is to be the maximum amount payable under subsection (4) to the State in respect of works or other matters referred to in that subsection; or
(b) if there is no determination by the Minister in force under paragraph (a) in respect of a State, the Commission may, in its discretion, determine, in writing, that an amount specified in the determination, being an amount that is greater or less by not more than $200,000 than the amount specified in relation to the State in column 2 of Part II of Schedule 2 is to be the maximum amount payable under subsection (4) to the State in respect of works or matters referred to in that subsection.
(7) If, after the Commission has made a determination under paragraph (6)(b) in respect of a State, the Minister makes a determination under paragraph (6)(a) in respect of the State, the determination of the Commission ceases to have effect.
(8) The sum of the amounts payable to a State under subsections (1) and (4) in relation to colleges of advanced education situated in the State shall not exceed the amount specified, in relation to the State, in column 2 of Part III of Schedule 2.
(9) The financial assistance to a State under subsection (1) or (4) in respect of an approved project is granted on the condition that the State will, in respect of each payment of that financial assistance and without undue delay, ensure that the amount of the payment is applied towards the approved project in a manner approved by the Commission.
(10) As soon as practicable after the Commission has made a determination under subsection (2) or (6), the Commission shall furnish to the Minister particulars of the determination.
(11) As soon as practicable after the Minister has made a determination under subsection (2) or (6), or has been furnished under subsection (10) with particulars of a determination made by the Commission under subsection (2) or (6), the Minister shall cause a statement setting out particulars of the determination to be laid before each House of the Parliament.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback