Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 4

4. (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 the Minister 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 included in a class of
courses of advanced education would involve a new teaching development, the
Commission may recommend to the Minister that the Minister 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), 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), 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 a
        Northern Territory tertiary education institution-to the
        instrumentality of the Northern Territory responsible, or principally
        responsible, for tertiary education in the Northern Territory.

(7) 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 (6) (a)-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 (6) (b)-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
        (6) (c)-to the instrumentality referred to in that paragraph; and

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

(8) As soon as practicable after the Minister makes a declaration under
sub-section (3) or (4), the Minister 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.

(9) 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)  a Northern Territory tertiary education institution at which courses
        of advanced education are provided.