Commonwealth Numbered Acts

HIGHER EDUCATION FUNDING (STUDENT ORGANISATIONS) AMENDMENT ACT 1994 No. 178 of 1994 - SECT 4

4. Before section 26 of the Principal Act the following section is inserted:

Grants to support student organisations - direct payments

"25B. (1) If, in respect of a year, the Minister is satisfied that a State has
taken, or refused or failed to reverse, action that has or would have the
effect, directly or indirectly, of preventing or hindering:

   (a)  acceptance by an institution, or payment by an institution to a
        student organisation, of such amount of financial assistance as the
        Minister determines, or proposes to determine, under subsection
        25A(1); or

   (b)  the application, for one or more permitted purposes, by the
        institution or student organisation of fees imposed, or imposed and
        collected, on behalf of a student organisation; the Minister may
        authorise payment to that student organisation in respect of that year
        of such an amount, by way of financial assistance, as the Minister
        determines to be appropriate.



"(2) The total amount determined by the Minister under subsection (1) for
payment to the student organisation must not exceed:

   (a)  if paragraph (1)(a) applies - an amount that the Minister determines
        would have been imposed, or imposed and collected, by the institution
        for the student organisation in respect of that year; or

   (b)  if paragraph (1)(b) applies - an amount that the Minister determines
        would have been available for application by the institution or the
        student organisation in respect of permitted purposes in respect of
        that year; but for that action of the State, or that refusal or
        failure by the State to reverse action already taken.

"(3) Financial assistance is granted to the student organisation under
subsection (1) in respect of a year on the conditions that the student
organisation:

   (a)  uses the financial assistance for permitted purposes; and

   (b)  gives to the Minister, not later than 30 June next following that
        year, a statement by a qualified auditor, in an appropriate form,
        certifying that the financial assistance was used in accordance with
        paragraph (a).



"(4) The student organisation may accept and use the financial assistance for
permitted purposes.



"(5) This section has effect despite the provisions of any law, whether
written or unwritten, of a State to the contrary.



"(6) In this section:
'permitted purposes' means:

   (a)  the purposes of providing benefits to students within the meaning of
        paragraph 51 (xxiiiA) of the Constitution; or

   (b)  purposes that otherwise further the objects of a student organisation;
        being lawful purposes;
'student organisation' means an organisation that has as one of its objects or
purposes the furthering of the interests generally of students at an
institution and that is:

   (a)  a financial corporation or trading corporation within the meaning of
        paragraph 51(xx) of the Constitution; or

   (b)  an incorporated body or an unincorporated body of any other kind.".