Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1978 No. 188, 1978 - SECT 31

PART V-MISCELLANEOUS
31. (1) Subject to this section, the Minister may, from time to time, after
receiving advice from the Commission, direct that this Act has effect as if
all or any of the amounts specified in Schedule 7 were varied in accordance
with that direction, and, where the Minister gives a direction with respect to
any such amounts, then, for the purposes of this Act (including this
sub-section and sub-sections (2), (3), (4), (5), (6) and (7)), 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) Subject to this section, the Commission may, from time to time, direct
that this Act has effect as if all or any of the amounts specified in Schedule
7 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), (4), (5), (6) and (7)), 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) Where the Minister approves a building project under paragraph 4 (1) (a),
(b) or (c), the Minister may direct that this Act has effect as if-

   (a)  Schedule 7 were varied by including, in Part I, Part IV or Part VI as
        the case requires, particulars of the project and of the amount of the
        approved expenditure on that project in respect of the year 1979; and

   (b)  all or any of the amounts specified in Schedule 7 were varied in
        accordance with the direction, being variations consequential on the
        inclusion in that Schedule of the new project having regard to the
        provisions of sub-section (6), and then, for the purposes of this Act
        (including this sub-section and sub-sections (1), (2), (4), (5), (6)
        and (7))-

   (c)  the particulars referred to in paragraph (a) shall be deemed to have
        been specified in that Schedule (as from the commencing day); and

   (d)  there shall be deemed to have been specified in that Schedule (as from
        the commencing day), in substitution for the amounts referred to in
        paragraph (b), the amounts as so varied.

(4) The Minister shall not give a direction under sub-section (1) or (3) that
will have the effect of increasing or decreasing the aggregate of the amounts
that may be paid to a State under sections 11, 21 and 29 unless the State has
agreed to the variation or variations.

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

   (a)  that will have the effect of varying an amount specified in Schedule 7
        if that amount has previously been varied in accordance with the
        direction given under sub-section (1) or (3);

   (b)  that will have the effect of varying an amount specified in Schedule 7
        to an amount that is greater or less, by more than $200,000, than the
        amount that is to be varied or that would be varied if no previous
        direction or directions had been given under this section; or

   (c)  that will have the effect of increasing or decreasing the aggregate of
        the amounts that may be paid to a State under section 11, 21 or 29.

(6) A direction shall not be given under sub-section (1), (2) or (3)-

   (a)  that would result in the aggregate of the amounts payable to the
        States under sections 11, 21 and 29 being greater or less than
        $114,038,000; or

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

(7) A direction shall not be given under sub-section (1), (2) or (3) in
respect of an amount specified in Schedule 7 in relation to a State or to an
institution or other body situated in a State unless the Minister or the
Commission has consulted the State in relation to the proposed variation.

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

(9) As soon as practicable after the Minister has given a direction under
sub-section (1) or (3) or has been furnished under sub-section (8) with
particulars of a direction given by the Commission under sub-section (2), the
Minister shall cause a statement setting out particulars of the direction to
be laid before each House of the Parliament.