Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1978 No. 188, 1978 - SECT 9

9. (1) There is payable to each State, for the purposes of financial
assistance in relation to student residences and affiliated colleges of
Universities situated in that State, in respect of a year to which this Act
applies, amounts determined in accordance with this section.

(2) In relation to each student residence of a University, there is payable to
the State in which the University is situated in respect of a year to which
this Act applies-

   (a)  an amount equal to the sum of $9,508 and the amount ascertained by
        multiplying $148.31 by the prescribed number of students for that year
        in relation to that student residence; or

   (b)  an amount ascertained by multiplying $335.94 by the prescribed number
        of students for that year in relation to that student residence,
        whichever is the lesser amount.

(3) In relation to each affiliated college of a University, there is payable
to the State in which the University is situated, in respect of a year to
which this Act applies, an amount ascertained by multiplying the basic grant
in respect of that college for that year by the prescribed number of students
for that year in relation to that college.

(4) For the purposes of sub-section (3), the basic grant in respect of an
affiliated college for a year to which this Act applies is-

   (a)  if the prescribed number of students for that year in relation to that
        college is less than 50-$335.94;

   (b)  if the prescribed number of students for that year in relation to that
        college is more than 49 but less than 75-$335.94 reduced by $2.54 for
        each student by which the prescribed number of students exceeds 50;

   (c)  if the prescribed number of students for that year in relation to that
        college is more than 74 but less than 100-$272.55 reduced by $1.27 for
        each student by which the prescribed number of students exceeds 75;
        and

   (d)  if the prescribed number of students for that year in relation to that
        college is more than 99-$240.88 reduced by $0.20 for each student by
        which the prescribed number of students exceeds 100.

(5) For the purposes of sub-sections (2), (3) and (4), the prescribed number
of students for a year to which the Act applies in relation to a student
residence or an affiliated college shall be ascertained, subject to
sub-section (6), by adding-

   (a)  the number of resident full-time undergraduate students at that
        student residence or affiliated college in that year;

   (b)  one-half of the number of resident full-time post-graduate students at
        that student residence or affiliated college in that year; and

   (c)  one-tenth of the number of non-resident students receiving tutorial
        assistance at that student residence or affiliated college in that
        year.

(6) Where, but for this sub-section, the prescribed number of students for a
year to which this Act applies in relation to a student residence or
affiliated college ascertained in accordance with sub-section (5) would
include a fraction, the prescribed number of students is-

   (a)  if the fraction is not less than one-half-one more than the number so
        ascertained, disregarding the fraction; or

   (b)  in any other case-the number so ascertained, disregarding the
        fraction.

(7) Where a student residence or an affiliated college, or a part of such a
residence or college was not in use during the whole of the academic year
comprised in a year to which this Act applies, the Commission may determine
that an amount payable under this section in respect of that year in relation
to that residence or college shall be such part only of the amount that would
otherwise be payable as the Commission thinks appropriate.

(8) Financial assistance is granted to a State under this section in relation
to a student residence or affiliated college of a University in respect of a
year to which this Act applies on the conditions that-

   (a)  the State will pay each amount of that financial assistance received
        by it to the University or to the body administering the
        student residence or affiliated college without undue delay;

   (b)  the State will ensure that the amount expended by the University or
        other body administering the student residence or affiliated college,
        for the provision of tutorial assistance to students of, or for
        meeting the administrative costs of, the student residence or
        affiliated college in respect of that year, is not less than the sum
        of the amounts of financial assistance paid to the State under this
        section in relation to that student residence or affiliated college in
        respect of that year; and

   (c)  the State will ensure that the University or other body administering
        the student residence or affiliated college furnishes to the
        Commission, not later than 30 September next following the expiration
        of that year, a statement by a qualified auditor, in accordance with a
        form approved by the Commission, as to the expenditure of the
        University or other body for the provision of the tutorial assistance,
        or for meeting the adminstrative costs, referred to in paragraph (b).

(9) For the purposes of sub-section (5), the number of students at a student
residence or affiliated college included in a class of students referred to in
that sub-section for a year is the number that is the average of the maximum
numbers of students of that class during the several terms of that year.

(10) This section does not apply in relation to a student residence or
affiliated college that does not provide collegiate accommodation.

(11) In this section-

''affiliated college'', in relation to a University means a residential
college (not being a student residence) affiliated with the University and
approved by the Commission, for the purposes of this Act, as an affiliated
college;

''collegiate accommodation'' means residential accommodation (including
related facilities) for students of a University, being accommodation that,
having regard to the facilities and services provided for the students, is, in
the opinion of the Commission, of a collegiate nature;

''full-time student'' means a student who is pursuing, at a University or at a
college of advanced education, a course of study, either at undergraduate or
at post-graduate level, which the Commission is satisfied is such as
reasonably to require the attention of the student on a full-time basis;

''non-resident student'', in relation to a student residence or an
affiliated college, means a student of a University not occupying collegiate
accommodation at that, or at any other, student residence or affiliated
college, who is enrolled as a non-resident student of that residence or
college and is receiving at that residence or college tutorial assistance
other than tutorial assistance that is provided by the relevant University to
all students of that University pursuing a particular course of study;

''resident full-time post-graduate student'', in relation to a student
residence or affiliated college, means a full-time student who is a resident
of the student residence or affiliated college occupying collegiate
accommodation and is engaged at a University or at a college of advanced
education in study or research at post-graduate level;

''resident full-time undergraduate student'', in relation to a student
residence or affiliated college, means a full-time student, not being a
resident full-time post-graduate student, who is a resident of the student
residence or affiliated college occupying collegiate accommodation;

''student residence'', in relation to a University, means a hall, college or
other establishment at which any students of the University reside, being an
establishment-

   (a)  administered by the University or by a body corporate established by
        the University; and

   (b)  approved by the Commission, for the purposes of this Act, as a
        student residence.