Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1978 No. 188, 1978 - SECT 14

14. (1) Subject to this Act, in relation to a college of advanced education
specified in Column 1 of Part I of Schedule 8, there is payable to the State
in which the college is situated, for the purpose of financial assistance in
relation to the expenditure of the college for college purposes in respect of
the year 1979, the amount specified in Column 2 of Part I of Schedule 8 in
relation to that college.

(2) Financial assistance is granted to a State under sub-section (1) in
relation to a college of advanced education on the conditions that-

   (a)  the State will, without undue delay, pay to the college each amount
        paid to it under sub-section (1) in relation to the college;

   (b)  the State will ensure that the amount expended by the college for
        college purposes in respect of the year 1979 is not less than the sum
        of the amounts of financial assistance paid to the State under
        sub-section (1) in relation to the college;

   (c)  the State will ensure that no college of advanced education situated
        in the State charges fees in respect of the year 1979 or any part of
        that year;

   (d)  the State will cause to be furnished to the Commission, not later than
        30 September 1980, a statement by a qualified auditor, in accordance
        with a form approved by the Commission, as to the expenditure of the
        college for college purposes in respect of the year 1979; and

   (e)  the State will cause to be furnished to the Commission, not later than
        such date as the Commission specifies, such statistical and other
        information as the Commission requires in respect of the provision of
        tertiary education by the college during the year 1979.

(3) Where the Commission is satisfied that the amount paid to a State in
relation to recurrent expenditure of a college of advanced education for
college purposes in respect of the year 1978 under section 14 of the States 
Grants (Tertiary Education Assistance) Act 1977 exceeded the amount expended
by the college for those purposes in respect of that year, the Commission
shall direct that the amounts (in this sub-section referred to as the
''relevant amounts''), being the amount specified opposite to the name of that
college in Column 2 of Part I of Schedule 8 and the amount specified opposite
to the name of the State in which the college is situated in Column 3 of Part
II of that Schedule, shall each be deemed to have been increased by the amount
of the excess or by the prescribed amount applicable to that college in
relation to the year 1978, whichever is the less, and, upon the Commission's
giving that direction-

   (a)  for the purposes of this Act there shall be deemed to have been
        specified in Schedule 8 (as from 1 January 1979) in substitution for
        the relevant amounts, the relevant amounts as so increased;

   (b)  the amount so paid to the State in relation to the recurrent
        expenditure of that college for college purposes in respect of the
        year 1978 shall be deemed to have been reduced by an amount equal to
        the amount of the excess; and

   (c)  an amount equal to the amount of the excess shall be deemed to have
        been paid to the State under this Act for the purpose of financial
        assistance in relation to the recurrent expenditure of the college for
        college purposes in respect of the year 1979.

(4) Where the amount of the excess referred to in sub-section (3) in relation
to a college of advanced education in respect of the year 1978 exceeds the
prescribed amount in relation to that college in respect of that year, the
Minister may, if he is satisfied that there are special circumstances that
warrant his so doing, at the request of the State in which the college is
situated, being a request made not later than 30 September
1979, direct that the amounts (in this section referred to as the ''relevant
amounts''), being the amount specified opposite to the name of that college in
Column 2 of Part I of Schedule 8 and the amount specified opposite to the name
of the State in which the college is situated in Column 3 of Part II of that
Schedule, shall each be further increased by an amount specified in the
direction, being an amount not exceeding the amount by which the amount of the
excess exceeds the prescribed amount, and, where the Minister gives that
direction, then, for the purposes of this Act, there shall be deemed to have
been specified in that Schedule (as from 1 January 1979), in substitution for
the relevant amounts, the relevant amounts as so increased.

(5) Where the total amount paid to a State under section 14 of the States 
Grants (Tertiary Education Assistance) Act 1977 in relation to the recurrent
expenditure of all the colleges of advanced education in the State for college
purposes in respect of the year 1978 exceeded the sum of the amounts expended
by all the colleges in that State in respect of recurrent expenditure for
those purposes in respect of that year and of the amounts (if any) by which
amounts specified in Column 2 of Part I of Schedule 8 have been increased
under sub-sections (3) and (4), the Minister may, at the request of the State,
being a request made not later than 30 September 1979, direct that the amounts
(in this sub-section referred to as the ''relevant amounts''), being the
amounts specified in relation to that State in Columns 2 and 3 of Part II of
that Schedule, shall each be increased by an amount specified in the
direction, being an amount not exceeding the amount of the excess, and where
the Minister gives that direction, then, for the purposes of this Act, there
shall be deemed to have been specified in that Schedule (as from 1 January
1979), in substitution for the relevant amounts, the relevant amounts as so
increased.

(6) The Minister shall not, after he has given a direction under sub-section
(5) in relation to a State, give a direction, or a further direction, in
relation to the State under sub-section (4).

(7) Where the amount expended by a college on college purposes in respect of
the year 1978 exceeded the sum of the amounts of financial assistance paid to
the State in which the college is situated in relation to expenditure by the
college on such purposes in respect of that year under section 14 of the
States Grants (Tertiary Education Assistance) Act 1977, then, for the purposes
of this Act, an amount equal to the excess shall be treated as if it had been
expended by the college on college purposes in respect of the year 1979.

(8) As soon as practicable after the Commission has given a direction under
sub-section (3), the Commission shall furnish to the Minister particulars of
the direction.

(9) In this section-

   (a)  a reference to college purposes in respect of a year, being the year
        1978 or 1979, shall be read as a reference-

        (i)    in the case of the year 1978-to college purposes within the
               meaning of the
               States Grants (Tertiary Education Assistance) Act 1977; and

        (ii)   in the case of the year 1979-to college purposes within the
               meaning of this Act; and

   (b)  a reference to the prescribed amount applicable to a college in
        relation to the year 1978 shall be read as a reference to the greater
        of $30,000 and an amount equal to 1% of the amount paid to the State
        in which the college is situated in relation to the recurrent
        expenditure of that college for college purposes in respect of that
        year.
(10) In this section, ''fees'' means tuition, examination, matriculation and
other fees payable to a college of advanced education by a student enrolled
at, or applying for enrolment at, a college in connection with a course of
study or attendance at the college, and includes fees payable to the college
in respect of the conferring of a degree, diploma or certificate, but does not
include-

   (a)  fees the payment of which is voluntary;

   (b)  fees payable in respect of an organization of students, or of students
        and other persons, or in respect of the provision to students of
        amenities or services that are not of an academic nature;

   (c)  fees in respect of residential accommodation; or

   (d)  fees payable in connection with, or in connection with attendance for
        the purposes of, studies that are not included in the studies that are
        required or permitted to be undertaken for the purpose of obtaining a
        degree, diploma or certificate of the college.