Commonwealth Numbered Acts

STATES GRANTS (TAFE ASSISTANCE) ACT 1989 No. 170, 1989 - SECT 3

3. In this Act, unless the contrary intention appears:

"approved capital expenditure proposal" means a proposal for capital
expenditure approved by the Minister under section 12;

"approved expenditure" , in relation to an approved capital expenditure
proposal, means the amount determined by the Minister under section 13 in
relation to the proposal;

"approved form" means a form approved by the Minister;

"capital expenditure" means expenditure in relation to a building or
equipment "fees", in relation to a body that provides a course of study or
instruction, means tuition, examination or other fees payable to the body by a
student enrolled at, or applying for enrolment at, the body in relation to
such a course, and includes fees payable to the body in relation to the
granting of a degree, diploma, associate diploma or other award (including a
qualification relating to a trade or a technical or other skilled occupation),
but does not include:

   (a)  fees the payment of which is voluntary; or

   (b)  fees payable in relation to:

        (i)    an organisation of:

                (A)  students; or

                (B)  students and other persons; or

        (ii)   the provision to students of amenities or services that are not
               of an academic nature; or

   (c)  fees payable in relation to residential accommodation; or

   (d)  fees payable by overseas students; or

   (e)  fees payable in relation to, or in relation to attendance for the
        purposes of:

        (i)    studies that are undertaken otherwise than to obtain a
               qualification relating to a trade or a technical or other
               skilled occupation; or

        (ii)   studies that are preparatory to such studies; or

   (f)  fees payable by a person who has earned a living at any time in
        relation to studies that are undertaken otherwise than to obtain an
        initial vocational qualification; or

   (g)  fees of a kind that are incidental to studies that may be undertaken
        at bodies providing technical and further education and that the
        Minister has notified each State TAFE Minister to be fees of a kind to
        which this paragraph applies;

"financial assistance arrangement" means an arrangement under section 9;

"higher education institution" means an institution of higher education
specified in the Table in subsection 4 (1) of the
Higher Education Funding Act  1988 ;

"instrument", in relation to the Minister, means an approval, declaration,
determination, notification or specification given or made by the Minister
under, or for the purposes of, this Act;

"overseas student" has the same meaning as in the Overseas Students Charge 
Act 1979 ;

"previous assistance Act" means the States Grants (Technical and Further 
Education Assistance) Act 1989 ;

"qualified accountant" means:

   (a)  a person registered as a company auditor or a public accountant under
        a law in force in a State; or

   (b)  a member of the Institute of Chartered Accountants in Australia or the
        Australian Society of Accountants; or

   (c)  a person approved by the Minister as a qualified accountant for the
        purposes of this Act;

"qualified auditor" means:

   (a)  the Auditor-General of a State; or

   (b)  a qualified accountant;

"recurrent expenditure" means expenditure that is not capital expenditure;

"relevant accreditation authority" , in relation to a State, means the
authority of the State that has responsibility for the accreditation of
courses of advanced education;

"State" includes the Australian Capital Territory and the Northern Territory;

"State TAFE Minister" means:

   (a)  in relation to a State - the Minister of the Crown for the State who
        is responsible, or principally responsible, for the administration of
        matters relating to technical and further education in the State; and

   (b)  in relation to the Australian Capital Territory or the Northern
        Territory - the Minister of the Territory who is responsible, or
        principally responsible, for the administration of matters relating to
        technical and further education in the Territory;

"technical and further education" means education provided by way of:

   (a)  a course of instruction or training that is, or is preparatory to, a
        course of a kind relevant to a trade or a technical or other skilled
        occupation or that otherwise meets educational needs; or

   (b)  a course provided in New South Wales or Queensland:

        (i)    that is recognised by the relevant accreditation authority of
               the State as a course of advanced education; and

        (ii)   that is provided by the authority of the State responsible for
               technical and further education; but does not include:

   (c)  education provided at a higher education institution, other than
        education provided by way of a course declared by the Minister to be a
        course of technical and further education; or

   (d)  primary or secondary education provided by way of a full-time course
        in a school.