Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 18

18. (1) In relation to each non-government teachers college specified in
Column 1 of Schedule 9, there is payable to the State in which the college is
situated, for the purposes of financial assistance in relation to recurrent
expenditure of the college in providing, in a year to which this Act applies,
courses of teacher education, the amount specified in that Schedule in
relation to the college and to that year.

(2) Financial assistance is granted to a State under sub-section (1) in
relation to the non-government teachers college situated in that State, in
respect of a year to which this Act applies, on the conditions that-

   (a)  subject to paragraph (b), the State will pay each amount of that
        financial assistance received by it to the approved authority of the
        college without undue delay;

   (b)  the State will not make a payment to the approved authority of the
        college under this section in respect of that year unless the approved
        authority, before or at the time of accepting the first payment under
        this section 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 way of recurrent expenditure by the college in
               providing in that year courses of teacher education is not less
               than the sum of the amounts paid to the approved authority
               under this section in relation to the college in respect of
               that year;

        (ii)   the approved authority will ensure that the college does not
               charge any student fees in respect of that year or a part of
               that year in respect of the student's undertaking a
               course of teacher education at the college;

        (iii)  the approved authority will cause to be furnished to the
               Commission not later than 30 September in the year next
               following the end of that year-

                (A)  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; and

                (B)  a statement, in accordance with the approved form, that
                     contains such information in respect of the
                     recurrent expenditure of the college, and such other
                     financial information in respect of the college, as is
                     required by the Commission to be so furnished;

        (iv)   if the approved authority does not fulfil a condition specified
               in sub-paragraph (i), (ii) or (iii), 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) as the
               Minister determines should be repaid by the approved authority;

        (v)    the approved authority 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 from the approved authority in respect of
               the provision by the college, in respect of that year, of
               courses of teacher education; 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)
        (iv) 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.

(3) Where the approved authority of a non-government teachers college
furnishes a certificate and statement to the Commission under section 23 of
the previous Assistance Act or under this section and it appears from the
certificate or statement that the sum of the amounts paid to a State in
respect of recurrent expenditure of the college in providing, in a year (in
this sub-section referred to as the "base year"), being the year 1984, 1985 or
1986, under section 23 of the previous Assistance Act or under this section,
as the case requires, courses of teacher education exceeds the sum of the
amounts expended by the approved authority of the college in providing such
courses in that year, then, upon receipt of the certificate and 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 9 to 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 college and to the year next following the base year, that amount
        as increased by-

        (i)    the amount of the excess; or

        (ii)   $70,000,
whichever is the less;

   (b)  the sum of the amounts paid to the State in relation to recurrent
        expenditure of the college in providing courses of teacher education,
        in the base year, 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 State under sub-section (1) for the purpose of
        financial assistance in relation to recurrent expenditure of the
        college in providing, in the year next following the base year,
        courses of teacher education.

(4) Where the amount of the excess referred to in sub-section (3) in relation
to a non-government teachers college in respect of a year (in this sub-section
referred to as the "base year'), being the year 1984, 1985 or 1986, exceeds
$70,000, the Minister may, if satisfied that there are special circumstances
that warrant the giving of such a direction, at the request of the State in
which the college is situated, 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 9 in relation to the college and 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 exeeds
$70,000, 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.

(5) Where the approved authority of a non-government teachers college
furnishes a certificate and statement to the Commission under section 23 of
the previous Assistance Act or under this section and it appears from the
certificate or statement that the sum of the amounts expended by the approved
authority in providing, in the year 1984, 1985 or 1986, courses of teacher
education at the college exceeds the sum of the amounts of financial
assistance paid under section 23 of the previous Assistance Act or this
section, as the case requires, to a State in respect of that year, then, upon
receipt of the certificate and statement by the Commission, for the purposes
of the previous Assistance Act and this Act an amount equal to the amount of
the excess or $70,000, whichever is the less, shall be treated as if it had
been expended by the approved authority in providing, in the next following
year, courses of teacher education at the college.

(6) Where the amount of the excess referred to in sub-section (5) in relation
to a non-government teachers college in respect of a year exceeds $70,000, the
Minister may, if satisfied that there are special circumstances that warrant
the giving of such a direction, at the request of the State in which the
college is situated, 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 $70,000, be treated as if it had been expended by the
approved authority in providing, in the next following year, courses of
teacher education at the college, and, upon the Minister's giving such a
direction, that amount shall be treated, for the purposes of this Act, as if
it had been so expended.