Commonwealth Numbered Acts

STATES GRANTS (ADVANCED EDUCATION ASSISTANCE) ACT 1976 No. 130, 1976 - SECT 6

6. (1) Subject to this section, in relation to a college of advanced education
specified in column 1 of Part I of Schedule 1, there is payable to the State
in which the college is situated, for the purpose of financial assistance in
relation to recurrent expenditure of the college in respect of the year 1977
for college purposes-

   (a)  if a determination is in force under sub-section (2) specifying an
        amount to be an amount payable under this section to the State in
        relation to recurrent expenditure of the college in respect of that
        year for college purposes-the amount so specified; or

   (b)  in any other case-the maximum amount available in relation to
        recurrent expenditure of the college in respect of that year for
        college purposes.

(2) Where a State requests that the maximum amount available in relation to
recurrent expenditure of a college of advanced education in respect of the
year 1977 for college purposes be increased or reduced-

   (a)  the Minister may, in his discretion, determine, in writing, that an
        amount specified in the determination, being an amount that is greater
        or less than the maximum amount available in relation to that
        recurrent expenditure, is to be the amount payable to the State in
        relation to that expenditure; or

   (b)  if there is no determination by the Minister in force under paragraph
        (a) in relation to a college of advanced education-the Commission may,
        in its discretion, determine that an amount specified in the
        determination, being an amount that is greater or less by not more
        than $200,000 than the maximum amount available in relation to that
        recurrent expenditure, is to be the amount payable to the State in
        relation to that expenditure.

(3) If, after the Commission has made a determination under paragraph (2) (b)
in relation to a college of advanced education, the Minister makes a
determination under paragraph (2) (a) in relation to the college, the
determination made by the Commission ceases to have effect.

(4) The sum of the amounts payable under this section to a State in relation
to colleges of advanced education for the purpose of financial assistance in
relation to the recurrent expenditure of those colleges in respect of the year
1977 for college purposes shall not exceed the sum of the maximum amounts
available in relation to that recurrent expenditure and the amount specified
in Part II of Schedule 1 in relation to the State in respect of that year.

(5) The financial assistance to a State under this section in relation to a
college of advanced education is granted on the conditions that-

   (a)  the State will, in respect of each payment of that financial
        assistance and without undue delay, ensure that the amount of the
        payment is applied in expenditure by way of recurrent expenditure of
        that college in respect of the year 1977 for college purposes; and

   (b)  the State will ensure that no college of advanced education situated
        in the State charges fees in respect of the year 1977 or any part of
        that year.

(6) As soon as practicable after the Commission has made a determination under
sub-section (2), the Commission shall furnish to the Minister particulars of
the determination.

(7) As soon as practicable after the Minister has made a determination under
sub-section (2) or has been furnished under sub-section (6) with particulars
of a determination made by the Commission under sub-section (2), the Minister
shall cause a statement setting out particulars of the determination to be
laid before each House of the Parliament.

(8) For the purposes of this section, the maximum amount available in relation
to recurrent expenditure of a college of advanced education in respect of the
year 1977 for college purposes is an amount equal to the amount specified in
column 2 of Part I of Schedule 1 opposite to the name of that college in
column 1 of that Part of that Schedule.

(9) Where the amount payable to a State under section 6 of the States Grants 
(Advanced Education) Act 1976 in relation to recurrent expenditure of a
college of advanced education in respect of the year 1976 for college purposes
within the meaning of that Act exceeds the amounts expended by that college in
respect of that year for those purposes, the Minister may, at the request of
the State in which that college is situated, being a request made not later
than 30 June 1977, determine that the amount specified opposite to the name of
that college in column 2 of Part I of Schedule 1 be increased by an amount
specified in the determination, being an amount not exceeding the amount of
the excess, and this Act shall, upon the making of the determination, have
effect as if that increased amount were substituted for the amount so
specified.

(10) Where the total amount payable to a State under section 6 of the States 
Grants (Advanced Education) Act 1976 in relation to the recurrent expenditure
of all the colleges of advanced education in the State in respect of the year
1976 for college purposes within the meaning of that Act exceeds the sum of
the amounts expended by all the colleges in that State in respect of recurrent
expenditure in respect of that year for those purposes and of the amounts (if
any) by which amounts specified in column 2 of Part I of Schedule 1 have been
increased under sub- section (9), the Minister may, at the request of the
State, being a request made not later than 30 June 1977, determine that the
amount specified in relation to that State in column 2 of Part II of that
Schedule be increased by an amount not exceeding the amount of the excess and
this Act shall, upon the making of the determination, have effect as if that
increased amount were substituted for the amount so specified.

(11) The Minister shall not, after he has made a determination under
sub-section (10), make a determination, or a further determination, under
sub-section (9).

(12) An amount equal to the amount (if any) by which the sum of the amounts
paid to a State for the purpose of financial assistance in relation to
recurrent expenditure of a college of advanced education for college purposes
in respect of the year 1976 exceeds the sum of the amounts of recurrent
expenditure of the college in respect of that year for college purposes shall
be deemed to have been paid to the State under this Act for the purpose of
financial assistance in relation to recurrent expenditure of the college in
respect of the year 1977 for college purposes and that first-mentioned sum
shall be deemed to have been reduced by an amount equal to the excess.