Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 46

46. (1) In addition to the conditions specified in any other provision of this
Act, financial assistance is granted to a State under this Act in respect of a
year to which this Act applies on the conditions that-

   (a)  if the Minister informs the State that the Minister is satisfied that
        the State has failed to fulfil a condition applicable to that
        financial assistance, the State will pay to the Commonwealth the
        amount (if any) specified by the Minister being an amount not
        exceeding the amount of the financial assistance; and

   (b)  if the amount of the financial assistance paid to the State under a
        provision of this Act exceeds the amount of that financial assistance
        that is properly payable to the State under that provision, the State
        will pay an amount equal to the excess to the Commonwealth.

(2) Where the Minister is satisfied, on the basis of information contained in
a relevant certificate furnished to the Commission in compliance with the
conditions attaching to a grant of financial assistance in relation to a
university or to a college of advanced education in respect of the year 1984,
1985 or 1986, that the prescribed staff of that university or of that college,
as the case requires, comprising a category or class of persons in respect of
which the Academic Salaries Tribunal had recommended a rate of salary or a
scale of rates of salary applicable to that year or a part of that year, have
been paid, in respect of, or of a part of, that year or that part of that
year, salary at a rate, or in accordance with a scale of rates, different from
the rate or scale of rates so recommended, the Minister may direct that this
Act shall have effect as if the amount specified in Schedule 1 in relation to
that university and to a subsequent year to which this Act applies or in
Schedule 3 in relation to that college and to a subsequent year to which this
Act applies, as the case requires, were reduced by an amount specified by the
Minister, and, where the Minister gives such a direction, there shall be
deemed to have been specified in that Schedule (as from 1 January in that
year) in substitution for that amount, that amount as so reduced.

(3) The Minister shall not, upon being satisfied of the matter referred to in
sub-section (2) in relation to the payment of salary to prescribed staff of a
university or college of advanced education in respect of a year or a part of
a year, give a direction under that sub-section by virtue of which an amount
specified in relation to that university or college is reduced by an amount
that exceeds the aggregate of the amounts by which the salary paid to that
prescribed staff in respect of that year or that part of that year differs
from the salary that would have been paid to that prescribed staff in respect
of that year or that part of that year if salary had been paid at the rate or
scale of rates recommended by the Academic Salaries Tribunal.

(4) In sub-section (2), a reference to a relevant certificate furnished to the
Commission in compliance with the conditions attaching to a grant of financial
assistance shall be read as a reference-

   (a)  in a case where the grant of financial assistance is a grant in
        relation to a university in respect of the year 1984 under section 7
        of the previous Assistance Act-to a certificate furnished in
        compliance with sub-section 7 (2) of that Act;

   (b)  in a case where the grant of financial assistance is a grant in
        relation to a college of advanced education in respect of the year
        1984 under section 15 of the previous Assistance Act-to a certificate
        furnished in compliance with sub-section 15 (2) of that Act; and

   (c)  in a case where the grant of financial assistance is a grant to a
        university or college of advanced education in respect of the year
        1985 or 1986 under section 5 of this Act-to a certificate furnished in
        compliance with paragraph 5 (3) (d) of this Act.

(5) The provisions of sections 48 (other than paragraphs (1) (a) and (b) and
sub-section (2)), 49, 49A and 50 of the Acts Interpretation Act 1901
apply in relation to directions under sub-section 46 (2) as if in those
provisions references to regulations were references to directions, references
to a regulation were references to a direction and references to a repeal were
a reference to a revocation.