Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 41

41. (1) At any time, and from time to time, during a year to which this Act
applies, but subject to sub-section (2) and to section 42, the Minister may,
after obtaining the advice of the Commission, direct that this Act has effect
as if all or any of the amounts specified in any one or more of the relevant
Schedules in relation to that year were varied in accordance with the
direction, and, where the Minister gives a direction with respect to the
variation of any such amounts, then, for the purposes of this Act (including
this section), there shall be deemed to have been specified (as from 1 January
in that year) in that Schedule or those Schedules, as the case requires, in
substitution for those amounts, those amounts as so varied.

(2) Where the Minister approves a building project under paragraph 37 (1) (a),
(b) or (c) as a building project in respect of the year to which this Act
applies, the Minister shall, subject to sub-section (3) and to section 42,
direct that this Act has effect as if-

   (a)  Schedule 18, 19 or 20, as the case requires, were varied by including
        in that Schedule particulars of the project and of the amount of the
        approved expenditure on that project in respect of that year; and

   (b)  all or any of the amounts specified in a relevant Schedule or 2 or
        more relevant Schedules were varied in accordance with the direction,
        being variations consequential upon the variation referred to in
        paragraph (a), and, where the Minister gives such a direction, then,
        for the purposes of this Act (including this section)-

   (c)  the particulars referred to in paragraph (a) shall be deemed to have
        been specified in the Schedule referred to in that paragraph (as from
        1 January in that year); and

   (d)  there shall be deemed to have been specified in the relevant Schedule
        or relevant Schedules referred to in paragraph (b) (as from 1 January
        in that year), in substitution for the amounts referred to in that
        paragraph, those amounts as so varied.

(3) A direction shall not be given under sub-section (1) or (2) during a
year to which this Act applies-

   (a)  in the case of a direction that relates to only one relevant
        Schedule-that would have the effect of varying the amounts in that
        Schedule in such a way that, after the variation, the aggregate of the
        amounts specified in that Schedule in relation to that year is greater
        or less than the aggregate of those amounts before the giving of the
        direction; and

   (b)  in the case of a direction that relates to 2 or more relevant
        Schedules-that would have the effect of varying the amounts in those
        Schedules in such a way that, after the variation, the aggregate of
        the amounts specified in those Schedules in relation to that year is
        greater or less than the aggregate of those amounts before the giving
        of the direction.

(4) In this section, "relevant Schedule" means Schedule 18, 19, 20, 21 or 22.