Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 44

44. (1) The Minister shall, after 31 December 1985, authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of recurrent expenditure of a non-government business college in
providing in that State, in that year, a course that is an approved course of
that college in respect of that year, of such amount as the Minister
determines.

(2) The Minister shall not authorize the payment to a State under sub-section
(1), in relation to the provision in that State by a
non-government business college, in the year 1985, of an approved course of
that college in respect of that year, of an amount that exceeds the sum of the
amounts (if any) respectively ascertained in respect of each of the months of
that year by multiplying the amount specified in Column 2 of Schedule 23 as
the maximum capitation amount in respect of each month of that year by the
total number of students receiving instruction in that course in that State on
the business college census date for that month.

(3) In calculating the number of students receiving instruction in an approved
course of a non-government business college in respect of the year 1985 on a
business college census date in that year, a student receiving instruction in
such a course on that date who was receiving instruction in such a course on
each of 10 or more previous business college census dates (whether in that
year or in that year and in a previous year or previous years and whether or
not the student was, on that first-mentioned date and those previous dates,
receiving instruction in the same approved course of secretarial studies)
shall be disregarded.

(4) Financial assistance is granted to a State under this section in respect
of the recurrent expenditure of a non-government business college in the
provision, in that State, in the year 1985 of an approved course of that
college 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 the State under this section in relation to the college;

   (b)  the State will not make a payment to the approved authority under this
        section 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 an amount equal to the
               sum of the amounts paid to the approved authority under this
               section is applied for the purpose of meeting
               recurrent expenditure incurred, in respect of that year, by the
               college in the provision in that year of approved courses of
               that college;

        (ii)   the approved authority will cause to be furnished to the
               Minister not later than 30 September 1986-

                (A)  a certificate, in accordance with the form approved by
                     the Minister, by a qualified accountant 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 form approved by the
                     Minister, that contains such information in respect of
                     the recurrent expenditure of the college, and such other
                     financial and statistical information in respect of the
                     college, as is required by the Minister to be so
                     furnished;

        (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) 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 the 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.