Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 17

17. (1) There is payable to the Northern Territory, for the purpose of
financial assistance in relation to expenditure in connection with the
provision, in respect of a year to which this Act applies, of courses of
advanced education at Northern Territory tertiary education institutions, the
amount specified in Schedule 8 in relation to that year.

(2) Financial assistance is granted to the Northern Territory under
sub-section (1) in respect of a year to which this Act applies on the
conditions that-

   (a)  the Northern Territory will ensure that the sum of the amounts
        expended by the Northern Territory and by instrumentalities of the
        Northern Territory, in conection with the provision, in respect of
        that year, of courses of advanced education at
        Northern Territory tertiary education institutions is not less than
        the sum of the amounts of financial assistance paid to the Northern
        Territory under sub-section (1) in respect of that year;

   (b)  the Northern Territory will ensure that each Northern Territory
        tertiary education institution at which courses of advanced education
        are provided does not charge any student fees in respect of that year
        or a part of that year;

   (c)  the Northern Territory will furnish 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 Northern Territory and of instrumentalities of the
        Northern Territory, in respect of that year, in connection with the
        provision of courses of advanced education at
        Northern Territory tertiary education institutions; and

   (d)  the Northern Territory will cause to be furnished to the Commission,
        not later than such date as the Commission specifies, such statistical
        and other information as the Commission requires in respect of the
        provision in the Northern Territory of courses of advanced education
        and courses of continuing education referred to in paragraph (9) (b)
        at Northern Territory tertiary education institutions during that
        year.

(3) Where a determination is made under sub-section 4 (5) in relation to the
provision of a course of advanced education at a Northern Territory tertiary
education institution, any expenditure in connection with the preparation for
the introduction of the course (not being expenditure incurred for the purpose
of making a further submission to the Commission concerning the course), or,
if the course has been introduced at the institution, in connection with the
provision of the course, that is incurred by the Northern Territory or by an
instrumentality of the Northern Territory while the determination is in force
shall not be treated as expenditure by the Northern Territory or by an
instrumentality of the Northern Territory in connection with the provision of
courses of advanced education at Northern Territory tertiary education
institutions in the application of sub-sections (2), (4) and (6) of this
section to and in relation to financial assistance granted to the Northern
Territory under sub-section (1) of this section.

(4) Where the Northern Territory furnishes a statement to the Commission under
section 22 of the previous Assistance Act or under this section and it appears
from the statement that the sum of the amounts paid to the Northern
Territory in respect of a year (in this sub-section referred to as the "base
year"), being the year 1984, 1985 or 1986, under section 22 of the previous
Assistance Act, or under this section, as the case requires, exceeds the sum
of the amounts expended by the Northern Territory and instrumentalities of the
Northern Territory in connection with the provision, in respect of the base
year, of courses of advanced education at Northern Territory tertiary
education institutions, then, upon receipt of the statement by the Commission,
for the purposes of the previous Assistance Act and this Act-

   (a)  there shall be deemed to have been specified in Schedule 8 of this Act
        (as from 1 January in the year next following the base year), in
        substitution for the amount specified in that Schedule in relation to
        the year next following the base year, that amount as increased by-

        (i)    the amount of the excess; or

        (ii)   the prescribed amount in respect of the base year,
whichever is the less;

   (b)  the sum of the amounts so paid to the Northern Territory in relation
        to expenditure in connection with the provision, in respect of the
        base year, of courses of advanced education at
        Northern Territory tertiary education institutions shall be deemed to
        have been reduced by an amount equal to the amount of the excess; and

   (c)  an amount equal to the amount of the excess shall be deemed to have
        been paid to the Northern Territory under this section for the purpose
        of financial assistance in relation to expenditure in connection with
        the provision, in respect of the year next following the base year, of
        courses of advanced education at
        Northern Territory tertiary education institutions.

(5) Where the amount of the excess referred to in sub-section (4) in respect
of a year (in this sub-section referred to as the "base year"), being the year
1984, 1985 or 1986, exceeds the prescribed amount applicable to the base year,
the Minister may, if satisfied that there are special circumstances that
warrant the giving of such a direction, at the request of the Northern
Territory, being a request made not later than 30 September in the year next
following the base year, direct that the amount (in this sub-section referred
to as the "relevant amount") specified in Schedule 8 in relation to the year
next following the base year shall be further increased by an amount specified
in the direction, being an amount not exceeding the amount by which the amount
of the excess exceeds the prescribed amount applicable to the base year, and,
where the Minister gives such a direction, then, for the purposes of this Act,
there shall be deemed to have been specified in that Schedule (as from 1
January in the year next following the base year), in substitution for the
relevant amount, the relevant amount as so increased.

(6) Where the sum of the amounts expended by the Northern Territory in
connection with the provision, in respect of a year, being the year 1984, 1985
or 1986, of courses of advanced education at Northern Territory tertiary
education institutions exceeds the sum of the amounts of financial assistance
paid to the Northern Territory in respect of that year under section 22 of the
previous Assistance Act, or under this section, as the case requires, then,
for the purposes of this Act, an amount equal to the amount of the excess or
the prescribed amount applicable to that year, whichever is the less, shall be
treated as if it had been expended by the Northern Territory, in connection
with the provision, in respect of the next following year, of courses of
advanced education at Northern Territory tertiary education institutions.

(7) Where the amount of the excess referred to in sub-section (6) in respect
of a year exceeds the prescribed amount applicable to that year, the Minister
may, if satisfied that there are special circumstances that warrant the giving
of such a direction, at the request of the Northern Territory, being a request
made not later than 30 September next following the end of that year, direct
that an amount specified in the direction, being an amount not exceeding the
amount by which the amount of the excess exceeds the prescribed amount
applicable to that year, shall be treated as if it had been expended by the
Northern Territory in connection with the provision, in respect of the next
following year, of courses of advanced education at Northern Territory
tertiary education institutions, and, upon the Minister's giving such a
direction, then, for the purposes of this Act, that amount shall be treated as
if it had been so expended.

(8) In this section, a reference to amounts of expenditure in connection with
the provision, in respect of the year 1984, of courses of advanced education
at Northern Territory tertiary education institutions shall be read as a
reference to-

   (a)  amounts of expenditure for the general teaching purposes of Northern
        Territory tertiary education institutions in connection with courses
        of advanced education provided, in respect of that year, by the
        institutions, including-

        (i)    preparatory work in connection with courses of advanced
               education provided by the institutions; and

        (ii)   the provision of teaching facilities for the assistance of
               students undertaking courses of study provided by universities
               or colleges of advanced education that are situated in one or
               other of the States, being courses of study in which those
               students are enrolled as external students;

   (b)  amounts of expenditure in connection with the provision, in respect of
        that year, at Northern Territory tertiary education institutions at
        which courses of advanced education are provided, of courses of
        continuing education provided in accordance with programs of
        continuing education approved by the responsible authority for the
        Northern Territory or, if the total of those amounts exceeds 1% of the
        amount specified in Schedule 10 of the previous Assistance Act in
        relation to that year, an amount, in respect of that expenditure,
        equal to 1% of the amount so specified; and

   (c)  amounts of expenditure in connection with building projects of
        Northern Territory tertiary education institutions at which courses of
        advanced education are provided, being building projects (other than
        building projects involving the purchase of land) each of which is
        undertaken wholly for the purpose of providing such courses at those
        institutions and in relation to each of which the total expenditure
        does not exceed $50,000 or an amount equal to 0.25% of the amount
        specified in Schedule 10 of the previous Assistance Act in relation to
        that year, whichever is the lesser amount.

(9) In this section, a reference to amounts of expenditure, in connection with
the provision, in respect of the year 1985, 1986 or 1987, of courses of
advanced education at Northern Territory tertiary education institutions shall
be read as a reference to-

   (a)  amounts of expenditure for the general teaching purposes of Northern
        Territory tertiary education institutions in connection with courses
        of advanced education provided, in respect of that year, by the
        institutions, including-

        (i)    preparatory work in connection with courses of advanced
               education provided by the institutions;

        (ii)   the provision of courses of instruction to persons for the
               purpose of enabling those persons to undertake courses of
               advanced education provided by the institutions; and

        (iii)  the provision of teaching facilities for the assistance of
               students undertaking courses of study provided by universities
               or colleges of advanced education that are situated in one or
               other of the States, being courses of study in which those
               students are enrolled as external students;

   (b)  amounts of expenditure in connection with the provision, in respect of
        that year, at Northern Territory tertiary education institutions at
        which courses of advanced education are provided, of courses of
        continuing education provided in accordance with programs of
        continuing education approved by the responsible authority for the
        Northern Territory; and

   (c)  amounts of expenditure in connection with building projects of
        Northern Territory tertiary education institutions at which courses of
        advanced education are provided, being building projects (other than
        building projects involving the purchase of land) each of which is
        undertaken wholly for the purpose of providing such courses at those
        institutions in relation to each of which the total expenditure does
        not exceed $70,000 or an amount equal to 0.25% of the amount specified
        in Schedule 8 in relation to that year, whichever is the lesser
        amount.

(10) In this section, a reference to the prescribed amount applicable to a
year, being the year 1984, 1985 or 1986, shall be read as a reference-

   (a)  in the case of the year 1984-to the greater of $70,000 and an amount
        equal to 1% of the sum of the amounts paid to the Northern Territory
        under section 22 of the previous Assistance Act in respect of that
        year; and

   (b)  in the case of the year 1985 or 1986-to the greater of $70,000 and an
        amount equal to 1% of the sum of the amounts paid to the Northern
        Territory, under this section, in respect of that year.