Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1981 No. 167, 1981 - SECT 3

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

''Academic Salaries Tribunal'' means the Tribunal established under that name
by section 12B of the Remuneration Tribunals Act 1973;

''building project'' means-

   (a)  the purchase of land, with or wit'out buildings;

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

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

   (d)  the installation of water, electricity or other services;

''capital expenditure'' means expenditure on a building project;
''college of advanced education'' means-

   (a)  an institution that is a college of advanced education for the
        purposes of the Commonwealth Tertiary Education Commission Act 1977
        other than such an institution that is situated in a Territory; or

   (b)  an institution (other than an institution referred to in paragraph (a)
        ) that is declared by the Minister, after he has obtained the view of
        the State in which the institution is situated and the advice of the
        Commission, by instrument under his hand, to be an institution that is
        to be treated, for the purposes of this Act, as a
        college of advanced education;

''commencing day'' means the day on which this Act receives the Royal Assent;

''Commission'' means the Commonwealth Tertiary Education Commission referred
to in section 6 of the Commonwealth Tertiary Education Commission Act 1977;

''course of advanced education'' means-

   (a)  a course of study provided at a college of advanced education-

        (i)    that is accredited or provisionally accredited by the
               responsible authority for the State in which the college is
               situated as a course of advanced education; and

        (ii)   that is undertaken for the purpose of obtaining an award of the
               college of a kind determined by the Minister in writing, on the
               recommendation of the Commission, to be an award to which this
               definition applies; or

   (b)  a course of study provided at a technical and further education
        institution in a State or at an institution in the Northern Territory-

        (i)    that is accredited or provisionally accredited by the
               responsible authority for the State in which the
               technical and further education institution is situated, or for
               the Northern Territory, as a course of advanced education; and

        (ii)   that is undertaken for the purposes of obtaining an award of a
               kind referred to in sub-paragraph (a) (ii);

''course of teacher education'' means a course of instruction that is
accredited or provisionally accredited by the responsible authority for the
State as a course of teacher education and that is provided by way of
professional training for persons intending to become primary school teachers
or secondary school teachers;

''fees'', in relation to a relevant institution, means tuition, examination or
other fees payable to the relevant institution by a student enrolled at, or
applying for enrolment at, the relevant institution in connection with a
course of study or attendance at the relevant institution, and includes fees
payable to the relevant institution in respect of the granting of a degree,
diploma or other award (including a qualification relating to a trade,
technical or other skilled occupation) but does not include-

   (a)  fees the payment of which is voluntary;

   (b)  fees payable in respect of an organization 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)  in a case where the relevant institution is a university, a college
        of advanced education or a non-government teachers college-fees
        payable in connection with attendance for the purposes of studies that
        are not required or permitted to be undertaken for the purpose of
        obtaining a degree, diploma or other award of the
        relevant institution;

   (e)  in a case where the relevant institution is a technical and further
        education institution or an institution situated in the Northern
        Territory-fees payable in connection with, or in connection with
        attendance for the purposes of-

        (i)    studies that are not, or are not preparatory to, studies for
               the purposes of obtaining a qualification relating to a trade,
               technical or other skilled occupation; or

        (ii)   studies that are not required or permitted to be undertaken in
               relation to a course of advanced education provided by the
               relevant institution; or

   (f)  fees of a kind that are incidental to studies that may be undertaken
        at relevant institutions and that the Minister, by writing signed by
        him and notified to each State Tertiary Education Minister, declares
        to be fees of a kind to which this paragraph applies;

''minor building project'' means a building project included in a class of
building projects determined by the Minister to be a class of minor building
projects;

''non-government teachers college'' means Avondale College or McAuley College;

''prescribed staff'', in relation to a university or college of advanced
education, means-

   (a)  the members of the staff (whether employed on a full-time or part-time
        basis) of the university or college-

        (i)    who are employed by the university or college wholly or
               principally in teaching or research or in both teaching and
               research; or

        (ii)   to whom persons referred to in sub-paragraph (i) are
               responsible in relation to the teaching or research in which
               they are employed,

but does not include members of the staff employed wholly or principally in
support of other members of the staff who are employed in teaching or
research; and

   (b)  those senior officers of the university or college in respect of whom
        the Academic Salaries Tribunal has recommended rates of salaries in a
        report or reports of a kind referred to in paragraph 12D (2) (c) of
        the Remuneration Tribunals Act 1973;

''qualified auditor'' means, in relation to the furnishing of a statement for
the purposes of a condition of a grant of financial assistance to a State
under this Act, in relation to a university, a college of advanced education
or a student residence or affiliated college of a university or college of
advanced education-

   (a)  the Auditor-General of the State;

   (b)  a person who is registered as a company auditor or public accountant
        under the law of a State or Territory;

   (c)  a member of the Institute of Chartered Accountants or of the
        Australian Society of Accountants; or

   (d)  a person approved by the Commission as a person competent to furnish
        such a statement,

other than such a person who is employed by the university, by the college or
by the body administering the college, student residence or affiliated
college, as the case may be;

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

''relevant institution'' means-

   (a)  a university, a college of advanced education, a technical and
        further education institution, or a non-government teachers college,
        that is situated in a State; or

   (b)  an institution at which courses of advanced education are provided, or
        at which technical and further education is provided, that is situated
        in the Northern Territory;

''State Tertiary Education Minister'' means-

   (a)  in relation to a State-the Minister of the Crown for the State who is
        responsible, or principally responsible, for the administration of
        matters relating to tertiary education in that State; and

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

''technical and further education institution'' means-

   (a)  an institution (other than a university or school), situated in a
        State, that provides technical and further education, being an
        institution conducted by, or on behalf of, the Government of a State;
        or

   (b)  an institution situated in a State, or a proposed institution to be
        situated in a State, that is specified in a direction for the time
        being in force under section 5 of the Commonwealth
        Tertiary Education Commission Act  1977 ;

''university'' means an institution that is a university for the purposes of
the Commonwealth Tertiary Education Commission Act 1977 other than such an
institution that is situated in a Territory;

''year to which this Act applies'' means any one of the years 1982, 1983 and
1984.

(2) Where a building project consists of, or includes, the erection,
alteration or extension of a building, that project shall be deemed to
include-

   (a)  unless paragraph (b) applies-the provision of furnishings for the
        building, or for the altered parts or the extensions of the building,
        as the case may be; or

   (b)  in a case where the building project is a building project of a
        technical and further education institution-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.

(3) Without limiting the generality of sub-section (2), where a building
project by way of the erection, alteration or extension of a building is
undertaken in connection with the establishment of a library at a technical
and further education institution, the project shall be deemed to include the
provision of books and other library materials required for the establishment
of the library.

(4) In this Act, unless the contrary intention appears-

   (a)  a reference to a report of the Academic Salaries Tribunal shall be
        read as a reference to a report of that Tribunal of a kind referred to
        in paragraph 12C (b), 12D (2) (c), 12DB (2) (b), 12DB (3) (a) or 12DC
        (1) (b) of the Remuneration Tribunals Act 1973; and

   (b)  a reference to a State shall be read as including a reference to the
        Northern Territory.

(5) For the purposes of this Act, the Darwin Community College shall be deemed
to be an institution conducted on behalf of the Government of the Northern
Territory.

(6) For the purposes of this Act-

   (a)  a State shall be deemed to have paid moneys to a college of advanced
        education that is not a body corporate if it has paid those moneys to
        the body administering that college; and

   (b)  a college of advanced education that is not a body corporate shall be
        deemed to have done any act or thing that is required or permitted by
        this Act to be done if the body administering the college has done
        that act or thing.

(7) Where the Minister is satisfied that an institution, being a university,
college of advanced education or technical and further education institution,
that is known by a name other than a name specified in a Schedule is
substantially identical with an institution specified in a Schedule, the
Minister may, in his discretion and with the approval of the State in which
the first-mentioned institution is situated, by instrument in writing, declare
that he is so satisfied, and, upon the making of the declaration, the
first-mentioned institution shall, for the purposes of this Act, be deemed to
be the institution so specified in that Schedule.