Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1978 No. 188, 1978 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''building project'' means-

   (a)  the purchase of land, with or without buildings;

   (b)  the designing, erection, alteration or extension of a building or
        other facilities;

   (c)  the development or preparation of land for building or other purposes;
        or

   (d)  the installation of water, electricity or other services;

''college of advanced education'' means an institution that is a college of
advanced education for the purposes of the Tertiary Education Commission Act 
1977 other than such an institution that is situated in a Territory;

''commencing day'' means the day on which this Act receives the Royal Assent;

''Commission'' means the Tertiary Education Commission established by the
Tertiary Education Commission Act 1977;

''qualified auditor'' means-

   (a)  in relation to the furnishing of a statement, for the purposes of a
        condition of a grant of financial assistance to a State under this
        Act, in relation to a University, a college of advanced education or a
        student residence or affiliated college of a university or
        college of advanced education-

        (i)    the Auditor-General of the State;

        (ii)   a person who is registered as a company auditor or public
               accountant under the law of a State or Territory;

        (iii)  a member of the Institute of Chartered Accountants or of the
               Australian Society of Accountants; or

        (iv)   a person approved by the Commission as a person competent to
               furnish such a statement,

other than such a person who is employed by the University, by the college or
by the body administering the college, student residence or affiliated
college, as the case may be; and

   (b)  in relation to the furnishing of a statement for the purposes of a
        condition of a grant of financial assistance to New South Wales under
        section  20 -a person referred to in sub-paragraph (a) (i), (ii),
        (iii) or (iv), other than such a person who is employed by the New
        South Wales Higher Education Board or by the National Institute of
        Dramatic Art;

''technical and further education institution'' means-

   (a)  an institution (other than a university or school), situated in a
        State, that provides technical and further education, being an
        institution conducted by, or on behalf of, the Government of a State;
        or

   (b)  an institution situated in a State, or a proposed institution to be
        situated in a State, that is specified in a direction for the time
        being in force under section 5 of the
        Tertiary Education Commission Act 1977;

''University'' means an institution that is a University for the purposes of
the Tertiary Education Commission Act 1977 other than such an institution that
is situated in a Territory;

''year to which this Act applies'' means any one of the years 1979, 1980 and
1981.

(2) Where the Minister is satisfied that an institution, being a University,
college of advanced education or technical and further education institution
that is known by a name other than a name specified in a Schedule is
substantially identical with an institution specified in a Schedule, the
Minister may, in his discretion and with the approval of the State in which
the first-mentioned institution is situated, by instrument in writing, declare
that he is so satisfied, and, upon the making of the declaration, the
first-mentioned institution shall, for the purposes of this Act, be deemed to
be the institution so specified in that Schedule.

(3) For the purposes of this Act-

   (a)  a State shall be deemed to have paid moneys to a college of advanced
        education that is not a body corporate if it has paid those moneys to
        the body administering that college; and

   (b)  a college of advanced education that is not a body corporate shall be
        deemed to have done any act or thing that is required or permitted by
        this Act to be done if the body administering the college has done
        that act or thing.