Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 40

40. (1) Financial assistance is granted to a State under section 38 or 39 in
relation to an approved building project of a relevant institution in respect
of a year to which this Act applies on the conditions that-

   (a)  in a case where the relevant institution is an institution other than
        a technical and further education institution-the State will pay each
        amount paid to it under that section to the relevant institution
        without undue delay;

   (b)  the State will ensure that the sum of the amounts expended in relation
        to work carried out before 1 January next following the end of that
        year in connection with the project will be not less than the sum of
        the amounts paid to the State in relation to the project under this
        Act or under any previous Act that granted financial assistance to the
        States in relation to relevant institutions of that kind;

   (c)  the State will ensure that information in respect of the project is
        furnished to the Commission in accordance with any relevant direction
        under paragraph 37 (1) (d);

   (d)  the State will ensure that the project will be carried out in
        accordance with the directions (if any) given by the Commission under
        sub-section 37 (4);

   (e)  the State will ensure that, if the Commission so requests, there will
        be furnished to the Commission, as soon as practicable after such date
        as the Commission specifies, such particulars as are specified by the
        Commission concerning the progress or expected progress of the work or
        matter constituting the project; and

   (f)  the State will cause to be furnished 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
        amounts expended in respect of work carried out before 1 January next
        following the end of that year in connection with the approved
        project.

(2) Where the amount of financial assistance paid to a State in respect of
each of a number of minor projects is less than $70,000 in respect of a year
to which this Act applies, a statement by a qualified auditor for the purposes
of paragraph (1) (f) may deal in the aggregate with expenditure in relation to
all of those projects.

(3) In sub-section (1), a reference to an approved building project of a
relevant institution includes a reference to-

   (a)  in a case where the relevant institution is a university-a building
        project specified in Column 2 of Schedule 18 in relation to the
        university;

   (b)  in a case where the relevant institution is a college of advanced
        education-a building project specified in Column 2 of Schedule 19 in
        relation to the college; or

   (c)  in a case where the relevant institution is a technical and further
        education institution-a building project specified in Column 2 of
        Schedule 20 in relation to the
        technical and further education institution.
(4) Where an amount (in this sub-section referred to as the "relevant amount")
is expended in relation to work carried out in connection with a
building project (not being a minor building project), being an amount that is
expended-

   (a)  otherwise than during a grant year in relation to the project; and

   (b)  at a time when there is not in force an approval by the Minister for
        expenditure in relation to work on the project to commence before the
        first year that is a grant year in relation to the project, then, for
        the purposes of the application of sub-section (1) in relation to the
        project, the relevant amount shall be taken not to have been expended
        in relation to work carried out in connection with the project unless
        the Minister otherwise directs.

(5) For the purposes of sub-section (4), a year is a grant year in relation to
a building project if this Act or any previous Act provides or provided for
the grant of financial assistance to a State in relation to the project in
respect of that year.

(6) Financial assistance is granted to a State under sub-section 39 (2) in
relation to a minor building project of 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 in relation to the project;

   (b)  the State will not make a payment to the approved authority of the
        college under this section in relation to the project unless the
        approved authority, before or at the time of accepting the first
        payment under this section, 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 in relation to work carried out before 1 January next
               following the end of that year in connection with the project
               is not less than the sum of the amounts of financial assistance
               paid to the approved authority under section 39 in relation to
               the project in respect of that year;

        (ii)   the approved authority will ensure that information in respect
               of the project is furnished to the Commission in accordance
               with any relevant direction under paragraph 37 (1) (d);

        (iii)  the approved authority will ensure that the project will be
               carried out in accordance with the directions (if any) given by
               the Commission under sub-section 37 (4);

        (iv)   the approved authority will ensure that, if the Commission so
               requests, there will be furnished to the Commission by the
               college, not later than such date as the Commission specifies,
               such particulars as are specified by the Commission concerning
               the progress or expected progress of the work or matter
               constituting the project;

        (v)    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;

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

   (c)  if the amount that the approved authority of the college is liable to
        pay under the condition referred to in sub-paragraph (b) (vi) 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.