Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 No. 123, 1987 - SECT 13

13. (1) Subject to subsection (4), there is payable to a State, for the
purposes of financial assistance in relation to expenditure by a university,
college of advanced education, institute of tertiary education or
non-government teachers college in the State in providing, in the year 1988,
financial assistance to students at the university, college or institute, in
respect of the year 1988, such amount as the Minister determines.

(2) Subject to subsection (4), there is payable to a State, for the purposes
of financial assistance in relation to expenditure by the State and
instrumentalities of the State in providing, in the year 1988, financial
assistance to students at a technical and further education institution in the
State, in respect of the year 1988, such amount as the Minister determines.

(3) Subject to subsection (4), there is payable to the Northern Territory, for
the purposes of financial assistance in relation to expenditure by the
Northern Territory and instrumentalities of the Northern Territory in
providing, in the year 1988, financial assistance to students at the Northern
Territory tertiary education institution, in respect of the year 1988, such
amount as the Minister determines.

(4) The aggregate of the amounts payable under subsections (1), (2) and (3)
shall not exceed $4,108,000.

(5) Financial assistance is granted to a State under subsection (1) in
relation to a body, being a university, college of advanced education or
institute of tertiary education, on the conditions that:

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

   (b)  the State will ensure that the sum of the amounts expended in the year
        1988 by the body in connection with the provision, out of money paid
        to the body under this section, of financial assistance to its
        students is not less than the sum of the amounts of
        financial assistance paid to the State under this section in relation
        to the body;

   (c)  the State will ensure that the body 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 amounts expended as
        described in paragraph (b);

   (d)  the State will ensure that the body, in providing, out of money paid
        to it under this section, financial assistance to its students
        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 Minister by the body, not
        later than such date as the Minister specifies, such statistical and
        other information as the Minister requires in respect of the provision
        by the body of financial assistance to its students in that year.

(6) Financial assistance is granted to a State under subsection (1) in
relation to a non-government teachers college 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 authority under this section
        unless the authority, before or at the time of accepting the first
        such payment, has agreed or agrees with the State to be bound by the
        following conditions:

        (i)    the authority will ensure that the sum of the amounts expended
               in the year 1988 by, or on behalf of, the college in connection
               with the provision, out of money 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 authority under this section;

        (ii)   the authority will furnish 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 authority does not fulfil a condition specified in
               subparagraph (i) or (ii), the 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
               authority under this section in respect of that year) as the
               Minister determines;

        (iv)   the college will, in providing, out of money 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 authority is liable to pay to a State under the
        condition referred to in subparagraph (b) (iii) is paid by the
        authority to the State, or is recovered by the State from the
        authority, the State will pay to the Commonwealth an amount equal to
        that amount.

(7) Financial assistance is granted to a State under subsection (2) in
relation to a technical and further education institution on the conditions
that:

   (a)  the State will ensure that the sum of the amounts expended in the year
        1988 by the State and instrumentalities of the State in connection
        with the provision, out of money paid to the State under this section
        in relation to the institution, of financial assistance to students at
        the institution is not less than the sum of the amounts of
        financial assistance paid to the State under this section in relation
        to the institution;

   (b)  the State will furnish 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 in that year by the State and
        instrumentalities of the State in connection with the provision, out
        of money paid to the State under this section in relation to the
        institution, of financial assistance to students at the institution;

   (c)  the State will ensure that the State and instrumentalities of the
        State, in providing, out of money paid to the State under this section
        in relation to the institution, financial assistance to students at
        the institution, comply with any guidelines determined by the Minister
        for the purposes of this section; and

   (d)  the State will furnish to the Minister, not later than such date as
        the Minister specifies, such statistical and other information as the
        Minister requires in respect of the provision by the State and
        instrumentalities of the State of financial assistance to students at
        the institution in that year.

(8) Financial assistance is granted to the Northern Territory under subsection
(3) in relation to the Northern Territory tertiary education institution on
the conditions that:

   (a)  the Northern Territory will ensure that the sum of the amounts
        expended in the year 1988 by the Northern Territory and
        instrumentalities of the Northern Territory, in connection with the
        provision, out of money paid to the Northern Territory under this
        section in relation to the institution, of financial assistance to
        students at the institution is not less than the sum of the amounts of
        financial assistance paid to the Northern Territory under this section
        in relation to the institution;

   (b)  the Northern Territory will furnish 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 in the year 1988 by the
        Northern Territory and instrumentalities of the Northern Territory in
        connection with the provision, out of money paid to the Northern
        Territory under this section in relation to the institution, of
        financial assistance to students at the institution;

   (c)  the Northern Territory will ensure that the Northern Territory and
        instrumentalities of the Northern Territory, in providing, out of
        money paid to the Northern Territory under this section in relation to
        the institution, financial assistance to students at the institution,
        comply with any guidelines determined by the Minister for the purposes
        of this section; and

   (d)  the Northern Territory will furnish to the Minister, not later than
        such date as the Minister specifies, such statistical and other
        information as the Minister requires in respect of the provision by
        the Northern Territory and instrumentalities of the Northern Territory
        of financial assistance to students at the institution in that year.

(9) 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.

(10) Where:

   (a)  a university, college of advanced education, institute of tertiary
        education or non-government teachers college in a State provides
        financial assistance for a student out of moneys paid to it under
        section 9 of the previous Assistance Act or this section; and

   (b)  the student repays to it, in the year 1988, 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, college or institute; and

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

(11) Where:

   (a)  a State or an instrumentality of a State provides financial assistance
        for a student at a technical and further education institution out of
        moneys paid to the State in respect of the institution under section 9
        of the previous Assistance Act or this section; and

   (b)  the student repays to the State or instrumentality, in the year 1988,
        an amount (including any amount by way of interest) in respect of that
        financial assistance; then, for the purposes of this Act, 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 institution.

(12) Where:

   (a)  the Northern Territory or an instrumentality of the Northern Territory
        provides financial assistance for a student at the
        Northern Territory tertiary education institution out of moneys paid
        to the Northern Territory in respect of the institution under section
        9 of the previous Assistance Act or this section; and

   (b)  the student repays to the Northern Territory or the instrumentality,
        in the year 1988, an amount (including any amount by way of interest)
        in respect of that financial assistance; then, for the purposes of
        this Act, an amount equal to the amount referred to in paragraph (b)
        shall be deemed to have been paid to the Northern Territory under this
        section as financial assistance in relation to the institution.

(13) Where:

   (a)  the sum of the amounts of financial assistance paid to a State under
        section 9 of the previous Assistance Act in relation to a body, being
        a university, college of advanced education,
        institute of tertiary education or non-government teachers college, in
        respect of the year 1987 exceeds the sum of the amounts expended in
        the year 1987 by the body in connection with the provision, out of
        moneys paid to it under that section, of financial assistance to its
        students; and

   (b)  the Minister directs that an amount, not exceeding the amount of the
        excess, is a prescribed amount in relation to the body in respect of
        the year 1987 for the purposes of this subsection; 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 body in respect of the year 1988;

   (d)  the State shall be deemed to have paid the amount referred to in
        paragraph (c) to the body in respect of the year 1988; and

   (e)  the sum of the amounts paid to the State under section 9 of the
        previous Assistance Act in relation to the body in respect of the year
        1987 shall be deemed to have been reduced by an amount equal to the
        prescribed amount.

(14) Where:

   (a)  the sum of the amounts of financial assistance paid to a State under
        section 9 of the previous Assistance Act in relation to a
        technical and further education institution in respect of the year
        1987, exceeds the sum of the amounts expended in the year 1987 by the
        State and instrumentalities of the State in connection with the
        provision, out of moneys paid to the State under that section in
        relation to the institution, of financial assistance to students at
        the institution; and

   (b)  the Minister directs that an amount, not exceeding the amount of the
        excess, is a prescribed amount in relation to the institution in
        respect of the year 1987 for the purposes of this subsection; 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 institution in respect of the year 1988; and

   (d)  the sum of the amounts paid to the State under section 9 of the
        previous Assistance Act in relation to the institution in respect of
        the year 1987 shall be deemed to have been reduced by an amount equal
        to the prescribed amount.

(15) Where:

   (a)  the sum of the amounts of financial assistance paid to the Northern
        Territory under section 9 of the previous Assistance Act in relation
        to the Northern Territory tertiary education institution in respect of
        the year 1987 exceeds the sum of the amounts expended in the year 1987
        by the Northern Territory and instrumentalities of the Northern
        Territory in connection with the provision, out of moneys paid to the
        Northern Territory under that section in relation to the institution,
        of financial assistance to students at the institution; and

   (b)  the Minister directs that an amount, not exceeding the amount of the
        excess, is a prescribed amount in relation to the institution in
        respect of the year 1987 for the purposes of this subsection; then,
        for the purposes of this Act:

   (c)  an amount equal to the prescribed amount shall be deemed to have been
        paid to the Northern Territory under this section as
        financial assistance in relation to the institution in respect of the
        year 1988; and

   (d)  the sum of the amounts paid to the Northern Territory under section 9
        of the previous Assistance Act in relation to the institution in
        respect of the year 1987 shall be deemed to have been reduced by an
        amount equal to the prescribed amount.

(16) In this section:

"financial assistance", in relation to students, 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" means:

   (a)  in relation to a university-a person undertaking a course of study
        provided by the university;

   (b)  in relation to a non-government teachers college-a person undertaking
        a course of teacher education provided by the college; or

   (c)  in relation to any other body-a person undertaking a course of
        advanced education provided by that body.