Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 32

32. (1) A university specified in Column 1 of Schedule 15 may, from time to
time, submit for the approval of the Commission proposals for expenditure by
the university on equipment for use by the university.

(2) A State may, from time to time, submit for the approval of the Commission
proposals for expenditure by a college of advanced education or
non-government teachers college situated in that State on equipment for use by
the college.

(3) The Commission may approve a proposal submitted to the Commission under
sub-section (1) or (2) as an approved proposal for expenditure by the
university or college, as the case requires, in respect of a year to which
this Act applies, subject to such conditions as the Commission determines, and
may vary or revoke any such approval.

(4) Subject to sub-sections (5), (6) and (7), in relation to each approved
proposal for expenditure by a university, college of advanced education or
non-government teachers college in respect of a year to which this Act
applies, there is payable to the State in which the university or college, as
the case requires, is situated, for the purposes of financial assistance in
relation to expenditure incurred or to be incurred by the university or
college in connection with the approved proposal, an amount equal to the
amount of the proposed expenditure.

(5) The aggregate of the amounts payable to a State under sub-section (4) in
relation to approved proposals for expenditure by a university in respect of a
year to which this Act applies shall not exceed the amount specified in
Schedule 15 in relation to the university and to that year.

(6) The aggregate of the amounts payable to a State under sub-section (4) in
relation to approved proposals for expenditure by colleges of advanced
education in respect of a year to which this Act applies shall not exceed the
amount specified in Part I of Schedule 16 in relation to that State and to
that year.

(7) The aggregate of the amounts payable to the States under sub-section (4)
in relation to approved proposals for expenditure by non-government teachers
colleges in respect of a year to which this Act applies shall not exceed the
amount specified in Part II of Schedule 16 in relation to that college and to
that year.

(8) Financial assistance is granted to a State under this section in relation
to approved proposals for expenditure by a university or college of
advanced education in respect of a year to which this Act applies on the
conditions that-

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

   (b)  the State will ensure that the sum of the amounts expended by the
        university or college in connection with approved proposals for
        expenditure by the university or college in respect of that year,
        being amounts expended before 1 January next following the end of that
        year or expended on or after that date in respect of commitments
        entered into before that date, is not less than the sum of the amounts
        of financial assistance paid to the State under this section in
        relation to approved proposals for expenditure by the university or
        college in respect of that year; and

   (c)  the State will ensure that the university or 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 by the university or college in
        connection with approved proposals for expenditure by the university
        or college in respect of that year, being expenditure that occurred
        before 1 January next following the end of that year or that occurred
        on or after that date in respect of commitments entered into before
        that date.

(9) Financial assistance is granted to a State under this section in relation
to approved proposals for expenditure by a non-government teachers college in
respect of a year to which this Act applies on the conditions that-

   (a)  subject to paragraph (b), the State will, without undue delay, pay to
        the approved authority of the college an amount equal to each amount
        paid to it under this section in relation to those approved proposals;

   (b)  the State will not make a payment to the approved authority of the
        college under this section in respect of an approved proposal for
        expenditure by the college unless the approved authority, before or at
        the time of accepting the first payment under this section in respect
        of the proposal, 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 the college in connection with those approved
               proposals for expenditure by the college in respect of that
               year, being amounts expended before 1 January next following
               the end of that year or expended on or after that date in
               respect of commitments entered into before that date, is not
               less than the sum of the amounts of financial assistance paid
               to the approved authority under this section in relation to
               approved proposals for expenditure by the college 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 approved
               proposals for expenditure by the college 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.