Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 12

12. (1) Subject to sub-sections (2) and (3), there is payable to a State, for
the purposes of financial assistance in relation to-

   (a)  a student residence of a university, college of advanced education or
        non-government teachers college; or

   (b)  an affiliated college of a university or college of advanced
        education, situated in that State, in respect of each of the years
        1985 and 1986, such amount as the Minister determines to be the amount
        of financial assistance that is payable in respect of the
        student residence or affiliated college in respect of that year.

(2) The aggregate of the amounts payable under sub-section (1) in relation to
all student residences, and affiliated colleges, of universities shall not
exceed-

   (a)  in respect of the year 1985-$2,435,000; or

   (b)  in respect of the year 1986-$1,266,000.

(3) The aggregate of the amounts payable under sub-section (1) in relation to
all student residences of colleges of advanced education and non-government
teachers colleges and in relation to all affiliated colleges of colleges of
advanced education shall not exceed-

   (a)  in respect of the year 1985-$749,000; or

   (b)  in respect of the year 1986-$374,000.

(4) Financial assistance is granted to a State under sub-section (1) in
relation to a student residence or affiliated college of a university or
college of advanced education in respect of each of the years 1985 and 1986 on
the conditions that-

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

   (b)  the State will ensure that the sum of the amounts expended by the
        university or college or other body administering the
        student residence or affiliated college, for the provision of tutorial
        assistance to students of, and 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 sub-section (1) in relation to that
        student residence or affiliated college in respect of that year; and

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

(5) Financial assistance is granted to a State under sub-section (1) in
relation to a student residence of a non-government teachers college situated
in that State in respect of each of the years 1985 and 1986 on the conditions
that-

   (a)  subject to paragraph (b), the State will, without undue delay, pay to
        the approved authority of the college each amount of that financial
        assistance paid to it in relation to the student residence;

   (b)  the State will not make a payment to the approved authority of the
        college under this section in relation to the student residence in
        respect of that year unless the approved authority, before or at the
        time of accepting the first payment under this section in relation to
        the student residence in respect of that year, has agreed or agrees
        with the State to be bound by the following conditions:

        (i)    the approved authority will ensure that the sum of the amounts
               expended by, or on behalf of, the college for the provision of
               tutorial assistance to students of, and for meeting the
               administrative costs of, the student residence in respect of
               that year is not less than the sum of the amounts of financial
               assistance paid to the approved authority under this section in
               relation to the student residence in respect of that year;

        (ii)   the approved authority will cause to be furnished to the
               Commission, not later than 30 September next following the end
               of that year, a certificate by a qualified accountant, in
               accordance with the approved form, to the effect that the
               accountant is satisfied that the condition specified in
               sub-paragraph (i) has been fulfilled;

        (iii)  if the approved authority does not fulfil a condition specified
               in sub-paragraph (i) or (ii), the approved authority will, if
               the Minister so determines, pay to the State such amount (not
               being an amount greater than the sum of the amounts paid to the
               approved authority under this section in relation to the
               student residence in respect of that year) as the Minister
               determines should be repaid by the approved authority; and

   (c)  if an amount that the approved authority of the college is liable to
        pay to a State under the condition referred to in sub-paragraph (b)
        (iii) is paid by the approved authority to the State, or is recovered
        by the State from the approved authority, the State will pay to the
        Commonwealth an amount equal to that amount.

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