Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 5

5. (1) In relation to each university specified in Column 1 of Schedule 1,
there is payable to the State in which the university is situated, for the
purposes of financial assistance in relation to the expenditure of the
university for university purposes in respect of a year to which this Act
applies, the amount specified in that Schedule in relation to the university
and to that year.

(2) In relation to each college of advanced education specified in Column 1 of
Schedule 3, there is payable to the State in which the college is situated,
for the purposes of financial assistance in relation to the expenditure of the
college for college purposes in respect of a year to which this Act applies,
the amount specified in that Schedule in relation to the college and to that
year.

(3) Financial assistance is granted to a State under sub-section (1) or (2) in
relation to a university or college of advanced education, in respect of a
year to which this Act applies, on the conditions that-

   (a)  the State will pay each amount of that financial assistance received
        by it to the university or college without undue delay;

   (b)  the State will ensure that the sum of the amounts expended by the
        university for university purposes, or by the college for
        college purposes, in respect of that year is not less than the sum of
        the amounts of financial assistance paid to the State under
        sub-section (1) in relation to the university, or under sub-section
        (2) in relation to the college, in respect of that year;

   (c)  the State will ensure that each university and college of advanced
        education situated in the State does not charge any student fees in
        respect of that year or a part of that year;

   (d)  the State will ensure that the university or college furnishes 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 expenditure of the university for
        university purposes, or the expenditure of the college for
        college purposes, in respect of that year accompanied by a
        certificate, in accordance with the approved form, by the auditor-

        (i)    certifying whether the auditor is satisfied that the prescribed
               staff of the university or college comprising each category or
               class of persons in respect of which the
               Academic Salaries Tribunal had, in a report or reports of that
               Tribunal, recommended a rate of salary, or a scale of rates of
               salary, applicable to that year or to a part of that year had
               been paid salary, in respect of that year or that part of that
               year, in accordance with those recommendations; and

        (ii)   if the auditor is not so satisfied-certifying, in respect of
               each of those categories or classes of persons in respect of
               which the auditor is not so satisfied, the rate or scale of
               rates at which salary was paid, in respect of that year or that
               part of that year, to the prescribed staff of the university or
               college comprising that category or class; and

   (e)  the State will cause to be furnished to the Commission by the
        university or college, not later than such date as the Commission
        specifies, such statistical and other information as the Commission
        requires from the university or college in respect of the provision of
        tertiary education by the university or college during that year.

(4) Where a determination is made under sub-section 4 (5) in relation to the
provision of a course of study at a university or the provision of a course of
advanced education at a college of advanced education, any expenditure in
connection with the preparation for the introduction of the course (not being
expenditure incurred for the purpose of making a further submission to the
Commission concerning the course), or, if the course has been introduced at
the university or college, in connection with the provision of the course,
that is incurred by the university or college while the determination is in
force shall not be treated as-

   (a)  expenditure by the university for university purposes in the
        application of sub-sections (3), (6) and (8) of this section to and in
        relation to financial assistance granted to the State in which the
        university is situated in relation to the university; or

   (b)  expenditure by the college for college purposes in the application of
        sub-sections (3), (10) and (12) of this section to and in relation to
        financial assistance granted to the State in which the college is
        situated in relation to the college.

(5) Where a purpose is specified in Column 2 of Schedule 2 in relation to a
university specified in Column 1 of that Schedule and an amount is specified
in that Schedule in relation to that purpose and to a year to which this Act
applies, financial assistance in respect of that year is granted under
sub-section (1) to the State in which the university is situated on the
further condition that the State will ensure that the sum of the amounts
expended by the university in respect of that year for university purposes
included in the purpose so specified is not less than that amount.

(6) Where a university furnishes a statement to the Commission under section 7
of the previous Assistance Act or under this section and it appears from the
statement that the sum of the amounts paid to a State in relation to the
recurrent expenditure of the university for university purposes in respect of
a year (in this sub-section referred to as the "base year"), being the year
1984, 1985 or 1986, under section 7 of the previous Assistance Act or under
this section, as the case requires, exceeds the sum of the amounts expended by
the university for those purposes in respect of the base year, then, upon
receipt of the statement by the Commission, for the purposes of the previous
Assistance Act and this Act-

   (a)  there shall be deemed to have been specified in Schedule 1 to this Act
        (as from 1 January in the year next following the base year), in
        substitution for the amount specified in that Schedule in relation to
        the university and to the year next following the base year, that
        amount as increased by-

        (i)    the amount of the excess; or

        (ii)   the prescribed amount applicable to the university in respect
               of the base year,
whichever is the less;

   (b)  the sum of the amounts so paid to the State in relation to recurrent
        expenditure of the university for university purposes in respect of
        the base year shall be deemed to have been reduced by an amount equal
        to the amount of the excess; and

   (c)  an amount equal to the amount of the excess shall be deemed to have
        been paid to the State under this section for the purpose of financial
        assistance in relation to recurrent expenditure of the university for
        university purposes in respect of the year next following the
        base year.

(7) Where the amount of the excess referred to in sub-section (6) in relation
to a university in respect of a year (in this sub-section referred to
as the "base year") exceeds the prescribed amount applicable to the university
in respect of the base year, the Minister may, if satisfied that there are
special circumstances that warrant the giving of such a direction, at the
request of the State in which the university is situated, being a request made
not later than 30 September in the year next following the base year, direct
that the amount (in this sub-section referred to as the "relevant amount")
specified in Schedule 1 in relation to the university and to the year next
following the base year be further increased by an amount specified in the
direction, being an amount not exceeding the amount by which the amount of the
excess exceeds the prescribed amount applicable to the university in respect
of the base year, and, where the Minister gives such a direction, then, for
the purposes of this Act, there shall be deemed to have been specified in that
Schedule (as from 1 January in the year next following the base year), in
substitution for the relevant amount, the relevant amount as so increased.

(8) Where the sum of the amounts expended by a university for university
purposes in respect of a year, being the year 1984, 1985 or 1986, exceeds the
sum of the amounts of financial assistance paid to the State in which the
university is situated in relation to recurrent expenditure by the university
for those purposes in respect of that year, under section 7 of the previous
Assistance Act or under this section, as the case requires, then, for the
purposes of this Act, an amount equal to the amount of the excess or the
prescribed amount applicable to the university in respect of that year,
whichever is the less, shall be treated as if it had been expended by the
university for university purposes in respect of the next following year.

(9) Where the amount of the excess referred to in sub-section (8) in relation
to a university in respect of a year exceeds the prescribed amount applicable
to the university in respect of that year, the Minister may, if satisfied that
there are special circumstances that warrant the giving of such a direction,
at the request of the State in which the university is situated, being a
request made not later than 30 September next following the end of that year,
direct that an amount specified in the direction, being an amount not
exceeding the amount by which the amount of the excess exceeds the prescribed
amount applicable to the university in respect of that year, shall be treated
as if it had been expended by the university for university purposes in
respect of the next following year, and, upon the Minister's giving such a
direction, that amount shall be treated, for the purposes of this Act, as if
it had been so expended.

(10) Where a college of advanced education furnishes a statement to the
Commission under section 15 of the previous Assistance Act or under this
section and it appears from the statement that the sum of the amounts paid to
a State in relation to recurrent expenditure of the college for college
purposes in respect of a year (in this sub-section referred to as the "base
year"), being the year 1984, 1985 or 1986, under section 15 of the previous
Assistance Act or under this section, as the case requires, exceeds the sum of
the amounts expended by the college for those purposes in respect of the base
year, then, upon receipt of the statement by the Commission, for the purposes
of the previous Assistance Act and this Act-

   (a)  there shall be deemed to have been specified in Schedule 3 to this Act
        (as from 1 January in the year next following the base year), in
        substitution for the amount specified in that Schedule in relation to
        the college and to the year next following the base year, that amount
        as increased by-

        (i)    the amount of the excess; or

        (ii)   the prescribed amount applicable to the college in respect of
               the base year,
whichever is the less;

   (b)  the sum of the amounts so paid to the State in relation to the
        recurrent expenditure of the college for college purposes in respect
        of the base year shall be deemed to have been reduced by an amount
        equal to the amount of the excess; and

   (c)  an amount equal to the amount of the excess shall be deemed to have
        been paid to the State under this section for the purpose of financial
        assistance in relation to the recurrent expenditure of the college for
        college purposes in respect of the year next following the base year.

(11) Where the amount of the excess referred to in sub-section (10) in
relation to a college of advanced education in respect of a year (in this
sub-section referred to as the "base year") exceeds the prescribed amount
applicable to the college in respect of the base year, the Minister may, if
satisfied that there are special circumstances that warrant the giving of such
a direction, at the request of the State in which the college is situated,
being a request made not later than 30 September in the year next following
the base year, direct that the amount (in this sub-section referred to as the

"relevant amount") specified in Schedule 3 in relation to the college and to
the year next following the base year be further increased by an amount
specified in the direction, being an amount not exceeding the amount by which
the amount of the excess exceeds the prescribed amount applicable to the
college in respect of the base year, and, where the Minister gives such a
direction, then, for the purposes of this Act, there shall be deemed to have
been specified in that Schedule (as from 1 January in the year next following
the base year), in substitution for the relevant amount, the relevant amount
as so increased.

(12) Where the sum of the amounts expended by a college of advanced education
for college purposes in respect of a year, being the year 1984, 1985 or 1986,
exceeds the sum of the amounts of financial assistance paid to the State in
which the college is situated in relation to recurrent expenditure by the
college for those purposes in respect of that year, under section 15 of the
previous Assistance Act or under this section, as the case requires, then, for
the purposes of this Act, an amount equal to the amount of the excess or the
prescribed amount applicable to the college in respect of that year, whichever
is the less, shall be treated as if it had been expended by the college for
college purposes in respect of the next following year.

(13) Where the amount of the excess referred to in sub-section (12) in
relation to a college of advanced education in respect of a year exceeds the
prescribed amount applicable to the college in respect of that year, the
Minister may, if satisfied that there are special circumstances that warrant
the giving of such a direction, at the request of the State in which the
college is situated, being a request made not later than 30 September next
following the end of that year, direct that an amount specified in the
direction, being an amount not exceeding the amount by which the amount of the
excess exceeds the prescribed amount applicable to the college in respect of
that year, shall be treated as if it had been expended by the college for
college purposes in respect of the next following year, and, upon the
Minister's giving such a direction, that amount shall be treated, for the
purposes of this Act, as if it had been so expended.

(14) In this section-

   (a)  a reference to university purposes in respect of a year, being the
        year 1984, 1985, 1986 or 1987, shall be read as a reference-

        (i)    in the case of the year 1984-to university purposes within the
               meaning of Part II of the previous Assistance Act; and

        (ii)   in the case of the year 1985, 1986 or 1987-to
               university purposes within the meaning of this Act;

   (b)  a reference to the prescribed amount applicable to a university in
        respect of a year, being the year 1984, 1985 or 1986, shall be read as
        a reference-

        (i)    in the case of the year 1984-to 1% of the sum of the amounts
               paid to the State in which the university is situated in
               relation to recurrent expenditure of the university for
               university purposes in respect of that year under section 7 of
               the previous Assistance Act; and

        (ii)   in the case of the year 1985 or 1986-to 1% of the sum of the
               amounts paid to the State in which the university is situated
               in relation to recurrent expenditure of the university for
               university purposes in respect of that year under this section;

   (c)  a reference to college purposes in respect of a year, being the year
        1984, 1985, 1986 or 1987, shall be read as a reference-

        (i)    in the case of the year 1984-to college purposes within the
               meaning of Part III of the previous Assistance Act; and

        (ii)   in the case of the year 1985, 1986 or 1987-to college purposes
               within the meaning of this Act; and

   (d)  a reference to the prescribed amount applicable to a college of
        advanced education in respect of a year, being the year 1984, 1985 or
        1986, shall be read as a reference-

        (i)    in the case of the year 1984-to the greater of $70,000 and an
               amount equal to 1% of the sum of the amounts paid to the State
               in which the college is situated in relation to
               recurrent expenditure of the college for college purposes in
               respect of that year under section 15 of the previous
               Assistance Act; and

        (ii)   in the case of the year 1985 or 1986-to the greater of $70,000
               and an amount equal to 1% of the sum of the amounts paid to the
               State in which the college is situated in relation to
               recurrent expenditure of the college for college purposes in
               respect of that year under this section.