Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 No. 123, 1987 - SECT 11

11. (1) The Minister may approve a proposal for expenditure by a body or
person (in this section called the "relevant body or person") on an equal
opportunity project as a proposal deserving financial assistance under this
section in respect of the year 1988 subject to such conditions as the Minister
determines.

(2) A proposal submitted for the Minister's approval under subsection (1)
shall specify the State in which the project is to be undertaken.

(3) Where the Minister approves a proposal, the Minister shall determine an
amount, not exceeding the estimated expenditure on the proposal in the year
1988, as the amount of the approved expenditure in relation to the proposal.

(4) Subject to subsection (5), in relation to each approved proposal for
expenditure by a relevant body or person on an equal opportunity project,
there is payable to the State in which the project is to be undertaken, for
the purpose of financial assistance in respect of expenditure incurred or to
be incurred by the relevant body or person in connection with the approved
proposal in respect of the year 1988, an amount equal to the amount of the
approved expenditure in relation to the proposal.

(5) The aggregate of the amounts determined by the Minister under this section
shall not exceed $1,232,000.

(6) Where financial assistance is granted to a State under subsection (4) in
relation to an approved proposal and the relevant body or person in relation
to the proposal is a university, college of advanced education or institute of
tertiary education, the financial assistance is granted to the State on the
conditions that:

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

   (b)  the State will ensure that the sum of the amounts expended by the
        university, college or institute in connection with the proposal in
        respect of the year 1988, being amounts expended before 1 January 1989
        or expended on or after that date in respect of commitments entered
        into before that date, is not less than the sum of the amounts of
        financial assistance paid to the State under this section in relation
        to the proposal; and

   (c)  the State will ensure that the university, college or institute
        furnishes to the Minister, not later than 30 September 1989 a
        statement by a qualified auditor, in accordance with the
        approved form, as to the expenditure by the university, college or
        institute in connection with the proposal in respect of the year 1988,
        being expenditure that occurred before 1 January 1989 or that occurred
        on or after that date in respect of commitments entered into before
        that date.

(7) Where financial assistance is granted to a State under subsection (4) in
relation to an approved proposal for expenditure and the relevant body or
person in relation to the proposal is not a university, college of advanced
education or institute of tertiary education, the financial assistance is
granted to the State on the conditions that:

   (a)  subject to paragraph (b), the State will pay each amount of that
        financial assistance received by it to the relevant body or person
        without undue delay;

   (b)  the State will not make a payment to the relevant body or person under
        this section in relation to the proposal unless the
        relevant body or person, before or at the time of accepting the first
        payment under this section in relation to the proposal, has agreed or
        agrees with the State to be bound by the following conditions:

        (i)    the relevant body or person will ensure that the sum of the
               amounts expended by the relevant body or person in connection
               with the proposal in respect of the year 1988, being amounts
               expended before 1 January 1989 or expended on or after that
               date in respect of commitments entered into before that date,
               is not less than the sum of the amounts of financial assistance
               paid to the relevant body or person under this section in
               relation to the proposal;

        (ii)   the relevant body or person will cause to be furnished to the
               Minister, not later than 30 September 1989 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 subparagraph (i) has been fulfilled;

        (iii)  if the relevant body or person does not fulfil a condition
               specified in subparagraph (i) or (ii), the
               relevant body or person 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 relevant body or person
               under this section in relation to the proposal) as the Minister
               determines; and

   (c)  if an amount that the relevant body or person is liable to pay to the
        State under the condition referred to in subparagraph (b) (iii) is
        paid by the relevant body or person to the State, or is recovered by
        the State from the relevant body or person, the State will pay to the
        Commonwealth an amount equal to that amount.

(8) In this section:

"body" means a body whether incorporated or unincorporated;

"equal opportunity project" means a project designed to promote equality of
opportunity in respect of higher education provided at:

   (a)  a university in a State;

   (b)  a college of advanced education in a State;

   (c)  an institute of tertiary education in a State at which courses of
        advanced education are provided;

   (d)  a technical and further education institution in a State at which
        courses of advanced education are provided; or

   (e)  the Northern Territory tertiary education institution at which courses
        of advanced education are provided.