Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1981 No. 167, 1981 - SECT 5

5. (1) Where the Commission is satisfied that the provision, in a year to
which this Act applies, at a relevant tertiary education institution, being a
university, of any of the courses of study included in a class of courses of
study would involve a new teaching development, the Commission may recommend
to the Minister that he declare that class to be a class of courses of study
to which this sub-section applies.

(2) Where the Commission is satisfied that the provision, in a year to which
this Act applies, at a relevant tertiary education institution other than a
university, of any courses of advanced education would involve a new teaching
development, the Commission may recommend to the Minister that he declare that
class to be a class of courses of advanced education to which this sub-section
applies.

(3) The Minister may, on the recommendation of the Commission under
sub-section (1), by instrument in writing, declare a class of courses of study
to be a class of courses of study to which sub-section (1) applies.

(4) The Minister may, on the recommendation of the Commission under
sub-section (2), by instrument in writing, declare a class of courses of
advanced education to be a class of courses of advanced education to which
sub-section (2) applies.

(5) The Commission may, in its discretion-

   (a)  determine that it does not approve, for the purpose of grants of
        financial assistance under this Act, the provision at a
        relevant tertiary education institution, being a university, of a
        relevant course of study that has been introduced, or that is proposed
        to be introduced, by that institution in a
        year to which this Act applies; or

   (b)  determine that it does not approve, for the purpose of grants of
        financial assistance under this Act, the provision at a
        relevant tertiary education institution other than a university of a
        relevant course of advanced education that has been introduced, or
        that is proposed to be introduced, at that institution in a
        year to which this Act applies, and may revoke such a determination.

(6) As soon as practicable after the Commission makes or revokes a
determination under sub-section (5) relating to the provision of a relevant
course of study or a relevant course of advanced education, as the case
requires, at a relevant tertiary education institution, the Commission shall
give notice of the making or revocation of the determination to the Minister
and-

   (a)  in a case where the relevant tertiary education institution is a
        university situated in a State-to the university;

   (b)  in a case where the relevant tertiary education institution is a
        college of advanced education situated in a State-to the authority
        responsible, or principally responsible, for co-ordination of advanced
        education in the State;

   (c)  in a case where the relevant tertiary education institution is a
        technical and further education institution situated in a State-to the
        instrumentality of the State responsible, or principally responsible,
        for technical and further education in the State; and

   (d)  in a case where the relevant tertiary education institution is an
        institution situated in the Northern Territory-to the instrumentality
        of the Northern Territory responsible, or principally responsible, for
        tertiary education in the Northern Territory.

(7) As soon as practicable after the end of each year to which this Act
applies in which the Commission has made or revoked any determinations under
sub-section (5), the Minister shall cause a statement setting out the
particulars of the determinations so made or revoked to be laid before each
House of the Parliament.

(8) For the purposes of this Act, a determination under sub-section (5)
relating to the provision of a relevant course of study or a relevant course
of advanced education, as the case requires, at a relevant tertiary education
institution shall be deemed to come into force when notice of the making of
the determination has been given-

   (a)  in the case of a notice given under sub-section (6) to a university
        referred to in paragraph (a) of that sub-section-to the university
        referred to in that paragraph;

   (b)  in the case of a notice given under sub-section (6) in relation to a
        college of advanced education referred to in paragraph (b) of that
        sub-section-to the authority referred to in that paragraph;

   (c)  in the case of a notice given under sub-section (6), in relation to a
        technical and further education institution referred to in paragraph
        (c) of that sub-section-to the instrumentality referred to in that
        paragraph; and

   (d)  in the case of a notice given under sub-section (6) in relation to an
        institution in the Northern Territory referred to in paragraph (d) of
        that sub-section-to the instrumentality of the Northern Territory
        referred to in that paragraph.

(9) As soon as practicable after the Minister makes a declaration under
sub-section (3) or (4), he shall cause copies of the declaration to be
furnished-

   (a)  in the case of a declaration under sub-section (3)-to the State
        Tertiary Education Minister for each State, other than the Northern
        Territory; or

   (b)  in the case of a declaration under sub-section (4)-to the State
        Tertiary Education Minister for each State.

(10) In this section, unless the contrary intention appears-

''relevant course of advanced education'' means a course of advanced education
included in a class of courses of advanced education that is declared, in a
declaration in force under sub-section (4), to be a class of courses of
advanced education to which sub-section (2) applies;

''relevant course of study'' means a course of study included in a class of
courses of study that is declared, in a declaration in force under sub-section
(3), to be a class of courses of study to which sub-section (1) applies;

''relevant tertiary education institution'' means-

   (a)  a university that is situated in a State;

   (b)  a college of advanced education that is situated in a State;

   (c)  a technical and further education institution that is situated in a
        State and at which courses of advanced education are provided; or

   (d)  an institution that is situated in the Northern Territory and at which
        courses of advanced education are provided.