Commonwealth Numbered Acts

STATES GRANTS (ADVANCED EDUCATION ASSISTANCE) ACT 1976 No. 130, 1976 - SECT 8

8. (1) Subject to this section, in relation to each college of advanced
education specified in column 1 of Part I of Schedule 3, there is payable to
the State in which the college is situated, for the purpose of financial
assistance in relation to a work or other matter specified in column 2 of that
Part of that Schedule, such amount (if any) as the Commission approves, but
not exceeding-

   (a)  if a determination is in force under sub-section (2) specifying an
        amount to be the maximum amount payable under this section to the
        State in respect of the work or matter-the amount so specified; or

   (b)  in any other case-the amount specified in column 3 of that Part of
        that Schedule opposite to the description of the work or matter in
        column 2.

(2) If a State requests that the maximum amount payable under this section to
the State in respect of a work or other matter specified in respect of a
college of advanced education in column 2 of Part I of Schedule 3 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 amount specified in column 3 of Part I of that
        Schedule opposite to the description of the work or matter in column 2
        is to be the maximum amount payable to the State in respect to the
        work or matter; or

   (b)  if there is no determination by the Minister in force under paragraph
        (a) in respect of the work or matter-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 amount specified in column 3 of that Part of that Schedule
        opposite to the description of the work or matter in column 2, is to
        be the maximum amount payable to the State in respect of the work or
        matter.

(3) If, after the Commission has made a determination under paragraph (2) (b)
in relation to a work or matter, the Minister makes a determination under
paragraph (2) (a) in relation to the work or matter, the determination of the
Commission ceases to have effect.

(4) Subject to sub-section (5), where the Minister approves a work or other
matter in respect of a college of advanced education under sub-section 4 (1),
there is payable to the State in which the college is situated, for the
purpose of financial assistance in relation to the work or other matter, such
amounts (if any) as the Commission approves, but not exceeding the amount
approved by the Minister under that sub-section as the estimated cost of that
work or other matter.

(5) The sum of the amounts payable to a State under sub-section (4) shall not
exceed-

   (a)  if a determination is in force under sub-section (6) specifying an
        amount to be the maximum amount payable under sub-section (4) to the
        State in respect of works and other matters referred to in that
        sub-section-the amount so specified; or

   (b)  in any other case-the amount specified in column 2 of Part II of
        Schedule 3 in relation to the State.

(6) At the request of a State-

   (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 amount specified in relation to the State in column 2
        of Part II of Schedule 3, is to be the maximum amount payable under
        sub-section (4) to the State in respect of works or other matters
        referred to in that sub-section; or

   (b)  if there is no determination by the Minister in force under paragraph
        (a) in respect of a State-the Commission may, in its discretion,
        determine, in writing, that an amount specified in the determination,
        being an amount that is greater or less by not more than $200,000 than
        the amount specified in relation to the State in column 2 of Part II
        of Schedule 3 is to be the maximum amount payable under sub-section
        (4) to the State in respect of works or matters referred to in that
        sub-section.

(7) If, after the Commission has made a determination under paragraph (6) (b)
in respect of a State, the Minister makes a determination under paragraph (6)
(a) in respect of the State, the determination of the Commission ceases to
have effect.

(8) The sum of the amounts payable to a State under sub-sections (1) and (4)
in relation to colleges of advanced education situated in the State shall not
exceed the amount specified, in relation to the State, in column 2 of Part III
of Schedule 3.

(9) The financial assistance to a State under sub-section (1) or (4) in
respect of an approved project is granted on the condition that 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 towards the
carrying out of the approved project in a manner approved by the Commission.

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

(11) As soon as practicable after the Minister has made a determination under
sub-section (2) or (6), or has been furnished under sub-section (10) with
particulars of a determination made by the Commission under sub-section (2) or
(6), the Minister shall cause a statement setting out particulars of the
determination to be laid before each House of the Parliament.