Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 No. 123, 1987 - SECT 25

25. (1) The Minister shall, after 31 December 1987, authorise the payment to a
State under this section, by way of financial assistance to the State in
respect of recurrent expenditure of a non-government business college in
providing in that State, in the year 1988, a course that is an approved course
of that college in respect of that year, of such amount as the Minister
determines.

(2) The Minister shall not authorise the payment to a State under subsection
(1) in relation to a course of an amount that exceeds the sum of the amounts
(if any) respectively ascertained in respect of each of the months of the year
1988 by multiplying the amount specified in Schedule 11 as the maximum
capitation amount in respect of that month by the total number of students
receiving instruction in that course on the business college census date for
that month.

(3) In calculating the number of students receiving instruction in an approved
course of a non-government business college in respect of the year 1988 on the
business college census date in that year, a student receiving instruction in
such a course on that date who was receiving instruction in such a course on
each of 10 or more previous business college census dates (whether in that
year or in that year and in a previous year or previous years and whether or
not the student was, on that first-mentioned date and those previous dates,
receiving instruction in the same approved course of secretarial studies)
shall be disregarded.

(4) In calculating the number of students receiving instruction in an approved
course overseas students shall be disregarded.

(5) Financial assistance is granted to a State under this section in respect
of the recurrent expenditure of a non-government business college in the
provision, in that State, in the year 1988 of an approved course of that
college on the conditions that:

   (a)  subject to paragraph (b), the State will, without undue delay, pay to
        the approved authority of the college an amount equal to each amount
        paid to the State under this section in relation to the college;

   (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
        payment under this section, has agreed or agrees with the State to be
        bound by the following conditions:

        (i)    the authority will ensure that an amount equal to the sum of
               the amounts paid to it under this section is applied for the
               purpose of meeting recurrent expenditure incurred, in respect
               of that year, by the college in the provision in that year of
               approved courses of that college;

        (ii)   the authority will furnish to the Minister not later than 30
               September 1989:

                (A)  a certificate, in accordance with the form approved by
                     the Minister, by a qualified accountant to the effect
                     that the accountant is satisfied that the condition
                     specified in subparagraph (i) has been fulfilled; and

                (B)  a statement, in accordance with the form approved by the
                     Minister, that contains such information in respect of
                     the recurrent expenditure of the college, and such other
                     financial and statistical information in respect of the
                     college, as the Minister requires;

        (iii)  if the authority does not fulfil a condition specified in
               subparagraph (i) or (ii), it 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 it under this
               section) as the Minister determines; and

   (c)  if an amount that the authority is liable to pay to the 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.

(6) In this section:

"overseas student" means a person (including a person who has not attained the
age of majority) who is not an Australian citizen and is receiving instruction
at a non-government business college, but does not include a person to whom
subsection 8 (1) of the Migration Act 1958 applies or a person who is the
holder of a permanent entry permit;

"permanent entry permit" means an entry permit within the meaning of the
Migration Act 1958 other than a temporary entry permit;

"temporary entry permit" has the same meaning as in the Migration Act 1958.