Commonwealth Numbered Acts

STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1989 No. 13, 1989 - SECT 3

3. (1) In this Act, unless the contrary intention appears:

"approved authority", in relation to a non-government business college, means
a person or body declared by the Minister to be an approved authority of that
college for the purposes of this Act;

"approved form" means a form approved by the Minister;

"business college" means a college or similar institution, whether
incorporated or unincorporated, providing courses of instruction in
secretarial studies, but does not include a particular college or institution
that provides such courses if the Minister:

   (a)  is notified by the State TAFE Minister for the State in which the
        college or institution is situated that the college or institution is
        not recognised by that State TAFE Minister as a business college; and

   (b)  does not approve the college or institution as a business college for
        the purposes of this Act;

"business college census date" means:

   (a)  in relation to a month of the year 1989-the date in that month
        declared by the Minister, by notice published in the Gazette, to be
        the business college census date for that month; or

   (b)  in relation to a month of a previous year-the date in that month
        declared by the Minister, under the previous Assistance Act or any
        earlier Act that provided financial assistance in respect of courses
        at non-government business colleges, by notice published in the
        Gazette, to be the business college census date for that month;

"capital expenditure" means expenditure in relation to a building or
equipment;

"course of instruction in secretarial studies" means a course of instruction
in:

   (a)  shorthand;

   (b)  typing; or

   (c)  shorthand and typing;
together with other subjects suitable for preparing persons to perform
secretarial duties;

"fees", in relation to a body that provides a course of study or instruction,
means tuition, examination or other fees payable to the body by a student
enrolled at, or applying for enrolment at, the body in connection with such a
course, and includes fees payable to the body in respect of the granting of a
degree, diploma, associate diploma or other award (including a qualification
relating to a trade or a technical or other skilled occupation) but does not
include:

   (a)  fees the payment of which is voluntary;

   (b)  fees payable in respect of an organisation of students, or of students
        and other persons, or in respect of the provision to students of
        amenities or services that are not of an academic nature;

   (c)  fees payable in respect of residential accommodation;

   (d)  fees payable in connection with, or in connection with attendance for
        the purposes of, studies that are not, or are not preparatory to,
        studies for the purposes of obtaining a qualification relating to a
        trade or a technical or other skilled occupation; or

   (e)  fees of a kind that are incidental to studies that may be undertaken
        at bodies providing technical and further education and that the
        Minister has notified each State TAFE Minister to be fees of a kind to
        which this paragraph applies;

"instrument", in relation to the Minister, means a determination, approval,
declaration, direction, specification or notification made or given by the
Minister under, or for the purposes of, this Act;

"non-government business college" means a business college in a State that is
not established by the Government of the State or conducted by or on behalf of
that Government, but does not include a business college conducted for the
profit, direct or indirect, of an individual or individuals;

"overseas student":

   (a)  in Division 2 of Part 2-means a person (including a person who has not
        attained the age of majority) who is not an Australian citizen and is
        receiving instruction at a non-government business college, but does
        not include a person to whom subsection 8 (1) of the Migration Act
        1958 applies or a person who is the holder of a
        permanent entry permit; and

   (b)  otherwise-has the same meaning as in the Overseas Students Charge Act
        1979 ;

"permanent entry permit" means an entry permit within the meaning of the
Migration Act 1958 other than a temporary entry permit;

"previous Assistance Act" means the States Grants (Tertiary Education
Assistance) Act 1987 ;

"qualified accountant" means:

   (a)  a person registered as a company auditor or a public accountant under
        a law in force in a State or Territory;

   (b)  a member of the Institute of Chartered Accountants in Australia or of
        the Australian Society of Accountants; or

   (c)  a person approved by the Minister as a qualified accountant for the
        purposes of this Act;

"qualified auditor" means:

   (a)  the Auditor-General of a State; or

   (b)  a qualified accountant;

"recurrent expenditure" means expenditure that is not capital expenditure;

"State" includes the Northern Territory;

"State TAFE Minister" means:

   (a)  in relation to a State other than the Northern Territory-the Minister
        of the Crown for that State who is responsible, or principally
        responsible, for the administration of matters relating to
        technical and further education in that State; and

   (b)  in relation to the Northern Territory-the Minister of that Territory
        who is responsible, or principally responsible, for the administration
        of matters relating to technical and further education in that
        Territory;

"technical and further education" means education provided by way of:

   (a)  a course of instruction or training that is, or is preparatory to, a
        course of a kind relevant to a trade or a technical or other skilled
        occupation or that otherwise meets educational needs; or

   (b)  a course provided in New South Wales or Queensland that is recognised
        by the relevant authority of that State as a course of advanced
        education, being a course provided by the authority of that State that
        is responsible for technical and further education;
but does not include:

   (c)  education provided at a higher education institution, other than
        education provided by way of a course declared by the Minister to be a
        course of technical and further education; or

   (d)  primary or secondary education provided by way of a full-time course
        in a school;

"temporary entry permit" has the same meaning as in the Migration Act 1958;

"this Act" does not include Part 5.

(2) In this Act, a reference to expenditure in relation to a building includes
a reference to expenditure in relation to any of the following:

   (a)  the purchase of land with or without buildings;

   (b)  the designing, erection, alteration or extension of a building or
        other facilities;

   (c)  the development or preparation of land for building or other purposes;

   (d)  the installation of water, electricity or other services; and, in the
        case of the erection, alteration or extension of a building, includes
        a reference to expenditure in relation to:

   (e)  the provision of furnishings and equipment for the building, or for
        the altered parts or the extensions of the building, as the case may
        be; and

   (f)  without limiting the generality of paragraph (e), if the erection,
        alteration or extension is undertaken in connection with the
        establishment of a library-the provision of books and other library
        materials required for the establishment of the library.