Commonwealth Numbered Acts

HIGHER EDUCATION FUNDING AMENDMENT ACT (No. 2) 1992 No. 158 of 1992 - SECT 51

51. After section 25 of the Principal Act the following sections are inserted:
Guidelines for non-building capital projects

"26. The Minister may issue guidelines setting out criteria that are to be
applied in deciding whether a proposal is a proposal for a non-building
capital project. Guidelines for special capital projects

"27. The Minister may issue guidelines setting out criteria that are to be
applied in deciding whether a proposal for expenditure is a proposal for
expenditure on a special capital project. Grants for special capital projects

"27A.(1) The Minister may approve a proposal for expenditure as a proposal
deserving financial assistance under this section in respect of a year to
which this Chapter applies if:

   (a)  the proposal is for expenditure by an institution to which this
        section applies; and

   (b)  the proposal is for expenditure upon a capital project which, in the
        opinion of the Minister, is a special capital project within the
        meaning of guidelines issued under section 27.

"(2) The Minister may give approval under subsection (1) subject to
conditions.

"(3) If the Minister approves a proposal in respect of a year:

   (a)  the Minister must determine an amount as the estimated maximum
        Commonwealth contribution towards the project; and

   (b)  the Minister must determine an amount of approved expenditure on the
        project in respect of that year; and

   (c)  the amount of approved expenditure determined under paragraph (b) must
        not be greater than the amount determined as the estimated maximum
        Commonwealth contribution towards the project.

"(4) Subject to subsections (5) and (6), there is payable to an institution to
which an approved proposal relates an amount equal to the amount of approved
expenditure determined by the Minister for that year in relation to the
proposal.

"(5) If an amount has been determined under paragraph (3)(a) as the estimated
maximum Commonwealth contribution towards a special capital project of an
institution, the total of the amounts payable to the institution in relation
to that capital project under this Act must not exceed the estimated maximum
Commonwealth contribution towards the project as determined, or last
determined, under paragraph (3)(a).

"(6) The total of the amounts of approved expenditure approved by the Minister
under subsection (3) must not exceed:

   (a)  for the year 1994 - $35,000,000; and

   (b)  for the year 1995 - $35,000,000.

"(7) If the Minister approves a proposal for expenditure on a special capital
project under subsection (3), the Minister may direct that specified
information be given to the Minister in respect of the project at such time
and in such manner as is specified in the direction.

"(8) In this section:
'maximum Commonwealth contribution', in relation to a special capital project,
means the proportion of the amount estimated by the Minister to be the total
cost of the project that the Minister considers to be the appropriate
Commonwealth contribution under this section towards the project. Minister may
give directions in relation to special capital projects

"27B. If:

   (a)  information relating to a special capital project of an institution is
        given to the Minister in accordance with a direction under subsection
        27A(7); and

   (b)  the Minister has considered the information; the Minister may, for the
        purposes of this Chapter, give directions to the institution with
        respect to the manner in which the project is carried out. Conditions
        attaching to special capital grants

"27C. Financial assistance is granted to an institution under section 27A in
relation to a special capital project of an institution in respect of a year
on the conditions that:

   (a)  the sum of the amounts spent by the institution in relation to work
        carried out before the end of that year in connection with the project
        will be not less than the sum of the amounts paid to the institution
        in relation to the project under this Chapter; and

   (b)  the institution will provide information relating to the project to
        the Minister in accordance with any relevant direction under
        subsection 27A(7); and

   (c)  the project will be carried out in accordance with any relevant
        direction under section 27B; and

   (d)  if the Minister so requests, the institution will give 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

   (e)  the institution will give to the Minister, not later than 30 June next
        following that year, a statement by a qualified auditor, in the
        approved form, as to the amounts spent in respect of work carried out
        before the end of that year in connection with the project.".