Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1987 No. 123, 1987 - SECT 30

30. (1) Financial assistance is granted to a State under section 28 or 29 in
relation to an approved building project of a relevant higher education
institution (other than a non-government teachers college) in respect of the
year 1988 on the conditions that:

   (a)  the State will pay each amount paid to it under that section to the
        institution without undue delay;

   (b)  the State will ensure that the sum of the amounts expended in relation
        to work carried out before 1 January 1989 in connection with the
        project will be not less than the sum of the amounts paid to the State
        in relation to the project under this Act or under any previous Act
        that granted financial assistance to the States in relation to
        relevant institutions of that kind;

   (c)  the State will ensure that information in respect of the project is
        furnished to the Minister in accordance with any relevant direction
        under paragraph 27 (1) (b);

   (d)  the State will ensure that the project will be carried out in
        accordance with the directions (if any) given by the Minister under
        subsection 27 (4);

   (e)  the State will ensure that, if the Minister so requests, there will be
        furnished to the Minister, by such date as the Minister specifies,
        such particulars as are specified by the Minister concerning the
        progress or expected progress of the work or matter constituting the
        project; and

   (f)  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 amounts expended in respect of work carried
        out before 1 January 1989 in connection with the approved project.

(2) Where the amount of financial assistance paid to a State in respect of
each of a number of minor projects is less than $100,000, a statement by a
qualified auditor for the purposes of paragraph (1) (f) may deal in the
aggregate with expenditure in relation to all of those projects.

(3) 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 education college) in connection with an
approved minor building project in respect of the year 1988 is an amount of
expenditure that, in the opinion of the Minister, represents moneys that were
paid to the relevant 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) pursuant
        to an agreement entered into pursuant to 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 relevant institution in connection with the project in
        respect of that year shall be taken, for the purposes of this section
        (other than paragraph (1) (f)), to be reduced by an amount equal to
        the relevant amount.

(4) Financial assistance is granted to a State under section 28 or 29 in
relation to an approved building project of 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 in relation to the project;

   (b)  the State will not make a payment to the authority under this section
        in relation to the project 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 the sum of the amounts expended
               in relation to work carried out before1 January 1989 in
               connection with the project is not less than the sum of the
               amounts of financial assistance paid to it under section 28 or
               29 in relation to the project;

        (ii)   the authority will ensure that information in respect of the
               project is furnished to the Minister in accordance with any
               relevant direction under paragraph 27 (1) (b);

        (iii)  the authority will ensure that the project will be carried out
               in accordance with the directions (if any) given by the
               Minister under subsection 27 (4);

        (iv)   the authority will ensure that, if the Minister so requests,
               there will be furnished to the Minister by the college, not
               later than such date as the Minister specifies, such
               information as the Minister requires;

        (v)    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;

        (vi)   if the approved authority does not fulfil a condition specified
               in subparagraph (i), (ii), (iii), (iv) or (v), 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
               project) as the Minister determines; and

   (c)  if the amount that the authority is liable to pay under the condition
        referred to in subparagraph (b) (vi) 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.

(5) In this section, a reference to an approved building project of an
institution includes a reference to a building project specified in Schedule
9.