Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1984 No. 127, 1984 - SECT 9

9. (1) Subject to sub-section (2), there is payable to a State, for the
purposes of financial assistance in relation to expenditure by a university,
college of advanced education or non-government teachers college situated in
the State in providing, in a year to which this Act applies, financial
assistance to students at the university or college, in respect of a year to
which this Act applies, such amount as the Minister determines to be the
amount of financial assistance that is payable in respect of the university or
college in respect of that year.

(2) The aggregate of the amounts payable under sub-section (1) shall not
exceed $10,490,000.

(3) Financial assistance is granted to a State under sub-section (1) 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 in that
        year by the university or college in connection with the provision,
        out of moneys paid to the university or college under this section, of
        financial assistance to students at the university or college is not
        less than the sum of the amounts of financial assistance paid to the
        State under this section in relation to the university or college in
        respect of that year;

   (c)  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 by the university or college in
        connection with the provision, out of moneys paid to the university or
        college under this section, of financial assistance to students at the
        university or college;

   (d)  the State will ensure that the university or college, in providing,
        out of moneys paid to it under this section, financial assistance to
        students at the university or college, complies with any guidelines
        determined by the Minister for the purposes of this section; 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 by
        the university or college of financial assistance to students of the
        university or college in that year.

(4) Financial assistance is granted to a State under sub-section (1) in
relation to 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 each amount of that
        financial assistance received by it;

   (b)  the State will not make a payment to the approved authority of the
        college under this section in respect of that year unless the approved
        authority, before or at the time of accepting the first payment under
        this section in respect of that year, 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 that year by, or on behalf of, the college in
               connection with the provision, out of moneys paid to the
               college under this section, of financial assistance to students
               at the college is not less than the sum of the amounts of
               financial assistance paid to the approved authority under this
               section in respect of that year;

        (ii)   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;

        (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 in respect of that year)
               as the Minister determines should be repaid by the
               approved authority;

        (iv)   the college will, in providing, out of moneys paid to the
               college under this section, financial assistance to students at
               the college, comply with any guidelines determined by the
               Minister for the purposes of this section; and

   (c)  if an amount that the approved authority of the college is liable to
        pay to a 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.

(5) The Minister shall cause a copy of any guidelines determined by the
Minister for the purposes of this section to be laid before each House of the
Parliament as soon as practicable after the determination of the guidelines.

(6) Where-

   (a)  a university, college of advanced education or non-government teachers
        college situated in a State provides financial assistance for a
        student out of moneys paid to the university or college under this
        section; and

   (b)  the student repays to the university or college, in a year to which
        this Act applies, an amount (including any amount by way of interest)
        in respect of that financial assistance, then, for the purposes of
        this Act-

   (c)  an amount equal to the amount referred to in paragraph (b) shall be
        deemed to have been paid to the State under this section as financial
        assistance in relation to the university or college in respect of that
        year; and

   (d)  the State shall be deemed to have paid the amount referred to in
        paragraph (c) to the university or college in respect of that year.

(7) Where-

   (a)  the sum of the amounts of financial assistance paid to a State under
        this section in relation to a university,
        college of advanced education or non-government teachers college in
        respect of a year to which this Act applies
(in this sub-section referred to as the "base year"), being the year 1985 or
1986, exceeds the sum of the amounts expended in the base year by the
university or college in connection with the provision, out of moneys paid to
the university or college under this section, of financial assistance to
students at the university or college; and

   (b)  the Minister directs that an amount, not exceeding the amount of the
        excess, is a prescribed amount in relation to the university or
        college in respect of the base year for the purposes of this
        sub-section, then, for the purposes of this Act-

   (c)  an amount equal to the prescribed amount shall be deemed to have been
        paid to the State under this section as financial assistance in
        relation to the university or college in respect of the year next
        following the base year;

   (d)  the State shall be deemed to have paid the amount referred to in
        paragraph (c) to the university or college in respect of the year next
        following the base year; and

   (e)  the sum of the amounts paid to the State under this section in
        relation to the university or college in respect of the base year
        shall be deemed to have been reduced by an amount equal to the
        prescribed amount.

(8) In this section-

"financial assistance", in relation to students at a university, college of
advanced education or non-government teachers college, includes financial
assistance provided to those students by way of-

   (a)  loan (whether with or without interest); or

   (b)  grant (whether subject to conditions or not);

"student", in relation to a university, college of advanced education or
non-government teachers college, means a person undertaking a course of study
provided by the university, a course of advanced education provided by the
college of advanced education or a course of teacher education provided by the
non-government teachers college.