Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 No. 123, 1987 - SECT 26

26. (1) The Minister may approve a proposal for equipment expenditure by a
relevant higher education institution in respect of the year 1988, subject to
such conditions as the Minister determines, and may vary or revoke any such
approval.

(2) Subject to subsection (3), in relation to each approved proposal for
equipment expenditure by a relevant higher education institution in respect of
the year 1988, there is payable to the relevant State, for the purposes of
financial assistance in relation to expenditure incurred or to be incurred by
the institution in connection with the proposal, an amount equal to the amount
of the proposed expenditure.

(3) The aggregate of the amounts payable to a State under subsection (2) in
relation to a relevant higher education institution shall not exceed the
amount specified in Schedule 8 in relation to the institution.

(4) Financial assistance is granted to a State under this section in relation
to a relevant higher education institution (other than a
non-government teachers college) on the conditions that:

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

   (b)  the State will ensure that the sum of the amounts expended by the
        institution in connection with approved proposals for equipment
        expenditure by the institution 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 institution; and

   (c)  the State will ensure that the institution 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).

(5) The Minister may determine that an amount (in this subsection called the

"relevant amount") expended by a relevant higher education institution (other
than a non-government teachers college) in connection with an approved
proposal or approved proposals for equipment expenditure by the institution in
respect of the year 1988 is an amount of expenditure that, in the opinion of
the Minister, represents moneys paid to the institution by a State:

   (a)  out of moneys granted by the Commonwealth to the State under section 4
        of the States Grants (Nurse Education Transfer Assistance) Act 1985;
        or

   (b)  out of moneys other than those referred to in paragraph (a) under an
        agreement entered into under subsection 4 (1) of the
        States Grants (Nurse Education Transfer Assistance) Act 1985; and,
        where the Minister makes such a determination, the sum of the amounts
        expended by the institution in connection with the approved proposal
        or approved proposals for expenditure by the institution in respect of
        that year shall be taken, for the purposes of this section (other than
        paragraph 4 (c)), to be reduced by an amount equal to the
        relevant amount.

(6) Financial assistance is granted to a State under this section 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 an amount equal to each amount
        paid to it under this section in relation to those approved proposals;

   (b)  the State will not make a payment to the authority under this section
        in respect of the college 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
               by the college in connection with approved proposals for
               equipment expenditure by the college 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 authority under this section
               in relation to the college;

        (ii)   the authority 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 approved 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 relation to the college) as the
               Minister determines; 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.