STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 No. 13, 1989 - SECT 12 Grants for approved courses provided by non-government business colleges

STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 No. 13, 1989 - SECT 12

12. (1) Subject to subsection (2), the Minister may authorise the payment
under this section to a State, by way of financial assistance to the State in
respect of recurrent expenditure of a non-government business college in
providing in the State, in the year 1989, a course (in this section called an

"approved course") that, immediately before the commencement of this Act, was
an approved course of instruction in secretarial studies of that college in
respect of the year 1988 under the previous Assistance Act, of such amount as
the Minister determines.

(2) The Minister shall not authorise the payment to a State under subsection
(1) in relation to an approved course of an amount that exceeds the sum of the
amounts (if any) respectively ascertained in respect of each of the months of
the year 1989 by multiplying $114.04 by the number of students receiving
instruction in that course 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 on the business college
census date for a month of the year 1989, the following students shall be
disregarded:

   (a)  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);

   (b)  a student who had not begun to receive instruction in such a course on
        or before 23 August 1988;

   (c)  an overseas student.

(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 the year 1989, 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 authority under this section
        unless the 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 authority will ensure that an amount equal to the sum of
               the amounts paid to it 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 authority will give to the Minister, not later than 31
               December 1989 or such later date (if any) as the Minister
               specifies, a certificate, in the approved form, by a
               qualified accountant to the effect that the accountant is
               satisfied that the condition specified in subparagraph (i) has
               been fulfilled;

        (iii)  if the authority does not fulfil a condition specified in
               subparagraph (i) or (ii), it will, if the Minister so directs,
               pay to the State such amount (not being an amount greater than
               the sum of the amounts paid to it under this section) as the
               Minister specifies; and

   (c)  if an amount that the authority is liable to pay to the State under
        the condition referred to in subparagraph (b) (iii) is paid by the
        authority to the State, or is recovered by the State from the
        authority, the State will pay to the Commonwealth an amount equal to
        that amount.