Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) ACT 1978 No. 188, 1978 - SECT 6

6. (1) In relation to each University specified in Column 1 of Schedule 1,
there is payable to the State in which the University is situated, for the
purpose of financial assistance in relation to the expenditure of the
University for university purposes in respect of a year to which this Act
applies, the amount specified in Schedule 1 in relation to that University and
to that year.

(2) Financial assistance is granted to a State under sub-section (1) in
relation to a University in respect of a year to which this Act applies on the
conditions that-

   (a)  the State will pay each amount of that financial assistance received
        by it to the University without undue delay;

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

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

   (d)  the State will ensure that the University furnishes to the Commission,
        not later than 30 September next following the end of that year, a
        statement by a qualified auditor, in accordance with a form approved
        by the Commission, as to the expenditure of the University for
        university purposes in respect of that year; and

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

(3) Where a purpose is specified in Column 2 of Schedule 2 in relation to a
University specified in Column 1 of that Schedule and an amount is specified
in that Schedule in relation to that purpose and to a year to which this Act
applies, financial assistance in respect of that year is granted under
sub-section (1) to the State in which the University is situated on the
further condition that the State will ensure that the amount expended by the
University in respect of that year for university purposes included in the
purpose so specified is not less than that amount.

(4) Where the Commission is satisfied that the amount paid to a State in
relation to the recurrent expenditure of a University for university purposes
in respect of a year (in this sub-section referred to as the ''base year''),
being the year 1978, 1979 or 1980, under section 6 of the States Grants 
(Tertiary Education Assistance) Act 1977 , or under this section, as the case
requires, exceeded the amount expended by the University for those purposes in
respect of the base year, the Commission shall direct that the amount (in this
sub-section referred to as the ''relevant amount'') specified in Schedule 1 in
relation to that University and to the year next following the base year shall
be deemed to have been increased by the amount of the excess or by the
prescribed amount applicable to that University in relation to the base year,
whichever is the less, and, upon the Commission's giving that direction-

   (a)  there shall be deemed to have been specified in that Schedule (as from
        1 January in the year next following the base year) in substitution
        for the relevant amount, the relevant amount as so increased;

   (b)  the amount so paid to the State in relation to recurrent expenditure
        of that University for university purposes in respect of that
        first-mentioned year 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 recurrent expenditure of the University for
        university purposes in respect of the year next following the
        base year.

(5) Where the amount of the excess referred to in sub-section (4) in relation
to a University in respect of a year exceeds the prescribed amount in relation
to that University 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 University is situated, being a request
made not later than 30 September next following the expiration of that year,
direct that the amount (in this sub-section referred to as the ''relevant
amount'') specified in Schedule 1 in relation to that University and to the
next following year 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 that 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 in that next following
year), in substitution for the relevant amount, the relevant amount as so
increased.

(6) Where the amount expended by a University on university purposes in
respect of a year, being the year 1978, 1979 or 1980, exceeded the sum of the
amounts of financial assistance paid to the State in which that University was
situated in relation to recurrent expenditure by that University on such
purposes in respect of that year, under section 6 of the States Grants 
(Tertiary Education Assistance) Act 1977 , or under this section, as the case
requires, then, for the purposes of this Act, an amount equal to the excess in
respect of that year shall be treated as if it had been expended by the
University on university purposes in respect of the next following year.

(7) As soon as practicable after the Commission has given a direction under
sub-section (4), the Commission shall furnish to the Minister particulars of
the direction.

(8) In this section-

   (a)  a reference to university purposes in respect of a year, being the
        year 1978, 1979, 1980 or 1981 shall be read as a reference-

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

        (ii)   in the case of the year 1979, 1980 or 1981-to
               university purposes within the meaning of this Act; and

   (b)  a reference to the prescribed amount applicable to the University in
        relation to a year, being the year 1978, 1979 or 1980, shall be read
        as a reference-

        (i)    in the case of the year 1978-to the greater of $30,000 and an
               amount equal to 1% of the amount paid to the State in which
               that University is situated in relation to
               recurrent expenditure of that University for
               university purposes in respect of that year under section 6 of
               the States  Grants (Tertiary Education Assistance) Act 1977 ;
               and

        (ii)   in the case of the year 1979 or 1980-to the greater of $30,000
               and an amount equal to 1% of the amount paid to the State in
               which that University is situated in relation to
               recurrent expenditure of that University for
               university purposes in respect of that year under this section.
(9) In this section, ''fees'' means tuition, examination, matriculation and
other fees payable to a University by a student enrolled at, or applying for
enrolment at, the University in connection with a course of study or
attendance at the University, and includes fees payable to the University in
respect of the conferring of a degree or diploma, 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 or diploma of the University.