Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1978 No. 188, 1978 - SECT 26

26. (1) At any time, and from time to time, during the year 1979, but subject
to this section, the Minister may, at the request of a State, direct that this
Act has effect as if the amounts specified in Columns 2 and 3 of Schedule 11
in relation to the State were varied in accordance with that direction, and,
where the Minister gives a direction with respect of the variation of any such
amounts, then, for the purposes of this Act (including this sub-section and
sub-sections (2), (3) and (4)), there shall be deemed to have been specified
in that Schedule (as from the commencing day), in substitution for those
amounts, the amounts as so varied.

(2) At any time, and from time to time, during the year 1979, but subject to
this section, the Commission may, at the request of a State, direct that this
Act has effect as if the amounts specified in Columns 2 and 3 of Schedule 11
in relation to the State were varied in accordance with the direction, and,
where the Commission gives a direction with respect to the variation of any
such amounts, then, for the purposes of this Act (including this sub-section
and sub-sections (1), (3) and (4)), there shall be deemed to have been
specified in that Schedule (as from the commencing day), in substitution for
those amounts, the amounts as so varied.

(3) The Commission shall not give a direction under sub-section (2)-

   (a)  that will have the effect of varying the amounts specified in Columns
        2 and 3 of Schedule 11 in relation to a State if those amounts have
        previously been varied in accordance with a direction given under
        sub-section (1); or

   (b)  that will have the effect of varying an amount specified in Column 2
        or 3 to an amount that is greater or less, by more than $200,000, than
        the amount that is specified or the amount that would, but for any
        direction or directions previously given under this section, be the
        amount specified, in that Column.

(4) A direction shall not be given under sub-section (1) or (2) in relation to
a State-

   (a)  that will have the effect of varying amounts in such a way that, after
        the variation, the aggregate of the amounts specified in Columns 2 and
        3 of Schedule 11 in relation to the State is greater or less than the
        amount specified in Column 4 of that Schedule in relation to the
        State; or

   (b)  that will result in a State becoming liable to repay an amount to the
        Commonwealth under this Act.