Commonwealth Numbered Acts

STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) AMENDMENT ACT (No. 2) 1979 No. 185, 1979 - SECT 13

13. (1) Sections 14 and 15 of the Principal Act are repealed and the following
sections substituted: Grants for expenditure on college purposes
''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
a year to which this Act applies, the amount specified in Part I of Schedule 8
in relation to that college and to that year.

''(2) Financial assistance is granted to a State under sub-section (1) in
relation to a college of advanced education in respect of a year to which this
Act applies 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 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 college in respect of that year;

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

   (d)  the State will cause to be furnished 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 college for college purposes
        in respect of that year; 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 that year.

''(3) Where a determination is made under sub-section 12A (3) relating to the
introduction of a course of advanced education at a college of advanced
education, any expenditure in connection with preparation for the introduction
of the course, or, if the course is introduced at the college, in connection
with the provision of the course, that is incurred by the college while the
determination is in force does not count as expenditure by the college for
college purposes in the application of sub-section (2) of this section and
section 15 to and in relation to financial assistance granted to the State in
which the college is situated in relation to the college.

''(4) In determining, for the purposes of sub-section (2) of this section and
section 15, the amount expended by a college of advanced education for
college purposes in respect of a year, where the expenditure incurred by the
college in connection with the provision, in respect of that year, of courses
of continuing education provided in accordance with a program of continuing
education approved by the responsible authority for the State in which the
college is situated exceeds, in the aggregate, 0.5% of the amount specified in
Part I of Schedule 8 in relation to the college, an amount equal to 0.5% of
the amount so specified shall be treated as the total amount of expenditure so
incurred.

''(5) There is payable to a State specified in Part II of Schedule 8, under
this sub-section, for the purpose of financial assistance to the State in
relation to recurrent expenditure incurred by the State and by
instrumentalities of the State in connection with the provision, in respect of
a year to which this sub-section applies, that is to say, the year 1980 or the
year 1981, at technical and further education institutions situated in that
State, of courses of advanced education, such amount as is specified in that
Part in relation to that State and to that year.

''(6) Financial assistance is granted to a State under sub-section (5) in
relation to the provision, at technical and further education institutions
situated in that State, of courses of advanced education in respect of a year
to which sub-section (5) applies on the conditions that-

   (a)  the State will ensure that the total of the amounts expended by the
        State and by instrumentalities of the State in respect of that year,
        by way of recurrent expenditure in connection with the provision of
        courses of advanced education at those institutions, is not less than
        the sum of the amounts of financial assistance paid to the State under
        that sub-section in respect of that year; and

   (b)  the State will furnish to the Commission, not later than 30 September
        next following the end of that year, a statement by an approved
        auditor within the meaning of Part IV, in accordance with a form
        approved by the Commission, as to the total expenditure, in respect of
        that year, by the State and by instrumentalities of the State by way
        of recurrent expenditure in connection with the provision, at those
        institutions, of courses of advanced education.

''(7) Where a determination is made under sub-section 12A (3) in relation to
the introduction of a course of advanced education at a technical and further
education institution situated in a State, any expenditure in connection with
preparation for the introduction of the course, or, if the course is
introduced at the institution, in connection with the provision of the course,
that is incurred by the State or by an instrumentality of the State while the
determination is in force does not count as expenditure by the State or by an
instrumentality of the State by way of recurrent expenditure in connection
with the provision of courses of advanced education at technical and further
education institutions in the application of sub-section (6) of this section
and section 15 to and in relation to financial assistance granted to that
State under sub-section (5) of this section.

''(8) 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. Carry- forward of
        amounts specified in Schedule 8
''15. (1) 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 a year (in this sub-section referred to as the
'base year'), being the year 1979 or 1980, under sub-section 14 (1) of this
Act, exceeded the amount expended by the college for those purposes in respect
of the base year, the Commission shall direct that the amounts (in this
sub-section referred to as the 'relevant amounts'), being the amount specified
in Part I of Schedule 8 in relation to that college and the year next
following the base year and the amount specified in Part IV of that Schedule
in relation to the State in which the college is situated and the year next
following the base year, 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 base year, 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 in the year next following
        the base year), 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
        base 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 the recurrent expenditure of the college for
        college purposes in respect of the year next following the base year.

''(2) Where the Commission is satisfied that the amount paid to a State under
sub-section 14 (5), in relation to recurrent expenditure of the State and of
instrumentalities of the State in connection with the provision, in respect of
the year 1980, at technical and further education institutions situated in the
State, of courses of advanced education, exceeded the amount expended by the
State and by those instrumentalities in connection with the provision, in
respect of that year, at technical and further education institutions situated
in the State, of courses of advanced education, the Commission shall direct
that the amounts (in this sub-section referred to as the 'relevant amounts'),
being the amounts specified in Part II of Schedule 8 in relation to that State
and the year 1981 and the amount specified in Part IV of that Schedule in
relation to the State and the year 1981, shall each be deemed to have been
increased by the amount of the excess or by the prescribed amount applicable
to the State in relation to the year 1980, 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 1981) in substitution for
        the relevant amounts, the relevant amounts so increased;

   (b)  the amounts so paid to the State in relation to the recurrent
        expenditure of the State and those instrumentalities in connection
        with the provision, in respect of the year 1980 at
        technical and further education institutions situated in the State, of
        courses of advanced education 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 State and
        of these instrumentalities in connection with the provision, in
        respect of the year 1981, at technical and further education
        institutions situated in the State, of courses of advanced education.

''(3) Where the amounts of the excess referred to in sub-section (1) in
relation to a college of advanced education in respect of a year (in this
sub-section referred to as the 'base year'), being the year 1979 or 1980,
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 in
the year next following the base year, direct that the amounts (in this
sub-section referred to as the 'relevant amounts'), being the amount specified
in Part I of Schedule 8 in relation to that college and the year next
following the base year and the amount specified in Part IV of that Schedule
in relation to the State in which the college is situated and the year next
following the base year, 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 in relation to that
college in respect of the base year, 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 the year next following
the base year), in substitution for the relevant amounts, the relevant amounts
as so increased.

''(4) Where the amount of the excess referred to in sub-section (2) in
relation to a State in respect of the year 1980 exceeds the prescribed amount
in relation to that State 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, being a request made not later than 30 September
1981, direct that the amounts (in this sub-section referred to as the
'relevant amounts'), being the amount specified in Part II of Schedule 8 in
relation to that State and the year 1981 and the amount specified in Part IV
of that Schedule in relation to the State and the year 1981, 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 in relation to that State in respect of the base year, 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 1981), in
substitution for the relevant amounts, the relevant amounts as so increased.

''(5) Where the aggregate of the amounts paid to a State other than Victoria
in relation to the recurrent expenditure of all the colleges of advanced
education in the State for college purposes in respect of the year 1979 under
sub-section 14 (1) exceeded the sum of the amounts expended by all those
colleges in respect of recurrent expenditure for college purposes in respect
of that year and the amounts (if any) by which the amounts specified in Parts
I and II of Schedule 8 in relation to the year 1980 have been increased under
this section, the Minister may, at the request of the State, being a request
made not later than 30 September 1980, direct that the amounts (in this
sub-section referred to as the 'relevant amounts'), being the amount specified
in Part III of that Schedule in relation to the State and the year 1980, and
the amount specified in Part IV of that Schedule in relation to the State and
the year 1980, 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
1980), in substitution for the relevant amounts, the relevant amounts as so
increased.

''(6) Where the aggregate of the amounts paid to Victoria in relation to the
recurrent expenditure of all the colleges of advanced education in the State
Colleges of Victoria System or the Victoria Institute of Colleges System in
relation to the year 1979 under sub-section 14 (1) exceeded the sum of the
amounts expended by all the colleges in that system in respect of recurrent
expenditure for college purposes in respect of that year and of the amounts
(if any) by which the amount specified in Part I of Schedule 8 in relation to
colleges in that System and to the year 1980 have been increased under this
section, the Minister may, at the request of Victoria, being a request made
not later than 30 September 1980, direct that the amounts (in this sub-section
referred to as the 'relevant amounts'), being the amount specified in Part III
of that Schedule in relation to that System and the year 1980 and the amount
specified in Part IV of that Schedule in relation to Victoria and the year
1980, 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 taken
to have been specified in that Schedule (as from 1 January 1980), in
substitution for the relevant amounts, the relevant amounts as so increased.

''(7) Where the aggregate of the amounts paid to a State in relation to the
recurrent expenditure of all the colleges of advanced education in the State
for college purposes in respect of the year 1980 under sub-section 14 (1) and
the amounts (if any) paid to the State under sub-section 14 (5) in respect of
that year exceeded the sum of-

   (a)  the amounts expended by all the colleges in the State in respect of
        recurrent expenditure for college purposes in respect of that year;

   (b)  the amounts (if any) expended by the State and by instrumentalities of
        the State in connection with the provision, in respect of that year,
        at technical and further education institutions situated in the State,
        of courses of advanced education;

   (c)  the amounts (if any) by which the amounts specified in Part I of
        Schedule 8 in relation to colleges situated in the State and to the
        year 1981 have been increased under this section; and

   (d)  the amount (if any) by which the amount specified in Part II of
        Schedule 8 in relation to the State and to the year 1981 has been
        increased under this section, the Minister may, at the request of the
        State, being a request made not later than 30 September 1981, direct
        that the amounts (in this sub-section referred to as the 'relevant
        amounts') being the amounts specified in Part III of that Schedule in
        relation to the State and the year 1981 and the amount specified in
        Part IV of that Schedule in relation to that State and the year 1981
        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 1981), in substitution for the relevant amounts, the
        relevant amounts as so increased.

''(8) The Minister shall not, after he has given a direction under sub-section
(5) in relation to a State other than Victoria and to a year, or after he has
given a direction under sub-section (7) in relation to a State and to a year,
give a direction or a further direction in relation to the State and to
that year under sub-section (3) or (4).

''(9) The Minister shall not, after he has given a direction under sub-section
(6) in relation to the State Colleges of Victoria System or the Victoria
Institute of Colleges System and to the year 1980 give a direction or further
direction in relation to a college included in that system and to that year
under sub-section (3).

''(10) Where the amount expended by a college of advanced education for
college purposes in respect of a year, being the year 1979 or 1980, 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 for college
purposes in respect of that year under this Act, 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 for college purposes in respect of the year next
following that year.

''(11) Where the amount expended by a State and by instrumentalities of that
State in connection with the provision, in respect of the year 1980, at
technical and further education institutions situated in that State, of
courses of advanced education exceeded the sum of the amounts of financial
assistance paid to the State in relation to that expenditure under sub-section
14 (5), then, for the purposes of this Act, an amount equal to the excess
shall be treated as if it had been expended by the State, in respect of the
year 1981, in connection with the provision, at technical and further
education institutions situated in that State, of courses of advanced
education.

''(12) As soon as practicable after the Commission has given a direction under
sub-section (1) or (2) the Commission shall furnish to the Minister
particulars of the direction.

''(13) In this section-

   (a)  a reference to the prescribed amount applicable to a college in
        relation to a year 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; and

   (b)  a reference to the prescribed amount applicable to a State, in
        relation to expenditure in connection with the provision, in respect
        of the year 1980, at technical and further education institutions
        situated in the State, of courses of advanced education, 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 relation to recurrent expenditure of
        the State and instrumentalities of the State in connection with the
        provision, in respect of that year, at technical and further education
        institutions situated in that State of courses of advanced education.
        Variations of amounts specified in Schedule 8
''15A. (1) At any time, and from time to time, during a year to which this
Act applies, but subject to this section, the Minister may direct that this
Act has effect as if all or any of the amounts specified in Part I and Part
III, or in Part II and Part III, of Schedule 8 in relation to that year were
varied in accordance with that direction, and, where the Minister 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 (2), (3),
(4), (5) and (6)), there shall be deemed to have been specified in that
Schedule (as from the commencement date in respect of that year), in
substitution for those amounts, the amounts as so varied.

''(2) At any time, and from time to time, during a year to which this Act
applies, but subject to this section, the Commission may direct that this Act
has effect as if all or any of the amounts specified in Part I and Part III or
Part II and Part III of Schedule 8 in relation to that year 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) and
(6)), there shall be deemed to have been specified in that Schedule (as from
the commencement date in respect of that year), in substitution for those
amounts, the amounts as so varied.

''(3) A direction shall not be given under sub-section (1) or (2) with respect
to an amount specified in Part I of Schedule 8 opposite to the name of a
college of advanced education situated in a State, or with respect to an
amount specified in Part II, or Part III, of Schedule 8 opposite to the name
of a State, except at the request of the State.

''(4) A direction shall not be given under sub-section (1) or (2) with respect
to the amount specified in Part III of Schedule 8 opposite to 'State College
of Victoria System' or 'Victoria Institute of Colleges System' except at the
request of Victoria.

''(5) The Commission shall not give a direction under sub-section (2) that
will have the effect of varying an amount specified in a column of Part I of
Schedule 8 opposite to the name of a college of advanced education or in a
column of Part II of that Schedule opposite to the name of a State-

   (a)  if that amount has previously been varied in accordance with a
        direction given under sub-section (1); or

   (b)  if the amount as so varied would be 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 that is specified, in that column opposite
        to that name.

''(6) A direction shall not be given under sub-section (1) or (2) in relation
to a State during a year to which this Act applies-

   (a)  that will have the effect of varying the amount in such a way that,
        after the variation, the aggregate of the amounts specified opposite
        the names of colleges situated in the State in Part I of Schedule 8 in
        relation to that year, the amount (if any) specified opposite to the
        name of that State in Part II of Schedule 8 in relation to that year
        and the amount or amounts (if any) specified in Part III of Schedule 8
        in relation to the State and to that year is greater or less than the
        amount specified opposite to the name of the State in Part IV of
        Schedule 8 in relation to that year; or

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

''(7) 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.

''(8) As soon as practicable after the Minister has given a direction under
sub-section (1), or has been furnished under sub-section (7) 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.

''(9) In this section, a reference to the commencement date in respect of a
year shall be read as a reference-

   (a)  in the case of the year 1979-to 4 December 1978;

   (b)  in the case of the year 1980-to 1 January 1980; and

   (c)  in the case of the year 1981-to 1 January 1981.

Grants for recurrent expenditure in Northern Territory on advanced education
''15B. (1) There is payable to the Northern Territory, for the purpose of
financial assistance in relation to expenditure in connection with the
provision, in respect of a year to which this section applies, of courses of
advanced education at institutions in the Northern Territory, the amount
specified in Schedule 8A in relation to the Northern Territory and to that
year.

''(2) Financial assistance is granted to the Northern Territory under
sub-section (1) in respect of a year to which this section applies on the
conditions that-

   (a)  the Northern Territory will ensure that the total of the amounts
        expended by the Northern Territory and by instrumentalities of the
        Northern Territory, in connection with the provision, in respect of
        that year, of courses of advanced education at institutions in the
        Northern Territory is not less than the sum of the amounts of
        financial assistance paid to the Northern Territory under sub-section
        (1) in respect of that year;

   (b)  the Northern Territory will ensure that no institution situated in the
        Northern Territory at which courses of advanced education are provided
        charges fees, in respect of that year or any part of that year, for or
        in relation to the provision of those courses;

   (c)  the Northern Territory will furnish to the Commission, not later than
        30 September next following the end of that year, a statement by an
        approved auditor, in accordance with a form approved by the
        Commission, as to the expenditure of the Northern Territory and of
        instrumentalities of the Northern Territory, in respect of that year,
        in connection with the provision of courses of advanced education at
        institutions in the Northern Territory; and

   (d)  the Northern Territory 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 in the Northern Territory of courses of advanced education
        and courses of continuing education referred to in sub-paragraph (7)
        (a) (ii) at institutions in the Northern Territory during that year.

''(3) Where a determination is made under sub-section 12A (3) relating to the
introduction of a course of advanced education at an institution in the
Northern Territory, any expenditure in connection with preparation for the
introduction of the course, or, if the course is introduced at the
institution, in connection with the provision of the course, that is incurred
by the Northern Territory or by an instrumentality of the Northern Territory
while the determination is in force does not count as expenditure by the
Northern Territory and by instrumentalities of the Northern Territory in
connection with the provision of courses of advanced education at institutions
in the Northern Territory in the application of sub-sections (2), (4) and (6)
of this section to and in relation to financial assistance granted to the
Northern Territory under sub-section (1) of this section.

''(4) Where the Commission is satisfied that the amount paid to the Northern
Territory in respect of the year 1980 under sub-section (1) exceeded the
amount expended by the Northern Territory and instrumentalities of the
Northern Territory in connection with the provision, in respect of that year,
of courses of advanced education at institutions in the Northern Territory,
the Commission shall direct that the amount specified in Schedule 8A in
relation to the year 1981 shall be deemed to have been increased by the amount
of the excess or by the prescribed amount, 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 8A (as from 1 January 1981) in substitution for
        the amount specified in that Schedule in respect of the year 1981,
        that amount as so increased;

   (b)  the amount so paid to the Northern Territory in relation to
        expenditure in connection with the provision, in respect of the year
        1980, of courses of advanced education 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 Northern Territory under sub-section (1) for the
        purposes of financial assistance in relation to expenditure in
        connection with the provision, in respect of the year 1981, of courses
        of advanced education at institutions in the Northern Territory.

''(5) Where the amount of the excess referred to in sub-section (4) exceeds
the prescribed amount, the Minister may, if he is satisfied that there are
special circumstances that warrant his so doing, at the request of the
Northern Territory, being a request made not later than 30 September 1981,
direct that the amount specified in Schedule 8A in relation to the year 1981
shall 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 1981), in substitution for the amount specified in
Schedule 8A in respect of the year 1981, that amount as so increased.

''(6) Where the amount expended by the Northern Territory and
instrumentalities of the Northern Territory in connection with the provision,
in respect of the year 1980, of courses of advanced education exceeded the sum
of the amounts of financial assistance paid to the Northern Territory under
sub-section (1) in respect of that year, then, for the purposes of this Act,
an amount equal to the excess shall be treated as if it had been expended by
the Northern Territory and instrumentalities of the Northern Territory by way
of recurrent expenditure in connection with the provision in respect of the
year 1981, of courses of advanced education.

''(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 amounts of expenditure in connection with the
        provision, in respect of a year to which this section applies, of
        courses of advanced education at institutions in the Northern
        Territory shall be read as a reference to-

        (i)    amounts of expenditure for the general teaching purposes of an
               institution in the Northern Territory in connection with
               courses of advanced education provided, in respect of
               that year, by the institution (including preparatory work in
               connection with such courses);

        (ii)   amounts of expenditure in connection with the provision, in
               respect of that year, at institutions in the Northern Territory
               at which courses of advanced education are provided, of courses
               of continuing education provided in accordance with programs of
               continuing education approved by the responsible authority for
               the Northern Territory or, if the total of those amounts
               exceeds 0.5% of the amount specified in Schedule 8A in relation
               to that year, an amount, in respect of that expenditure, equal
               to 0.5% of the amount so specified; and

        (iii)  amounts of expenditure in connection with building projects of
               institutions in the Northern Territory at which courses of
               advanced education are provided, being building projects (other
               than building projects involving the purchase of land) each of
               which is undertaken wholly for the purpose of providing such
               courses at those institutions and in relation to each of which
               the total expenditure does not exceed $30,000 or an amount
               equal to 0.25% of the amount specified in Schedule 8A in
               relation to that year, whichever is the lesser amount; and

   (b)  a reference to the prescribed amount, in relation to a year to which
        this section applies, shall be read as a reference to the greater of
        $30,000 and an amount equal to 1% of the amount paid to the Northern
        Territory under sub-section (1) in respect of that year.

''(9) In this section-

'approved auditor' means, in relation to the furnishing of a statement for the
purposes of a condition of a grant of financial assistance to the Northern
Territory under this section-

   (a)  in a case where the Commission has approved, in writing, a person to
        be an approved auditor of the Northern Territory-that person; or

   (b)  in any other case-the Auditor-General of the Northern Territory;

'fees' means tuition, examination and other fees payable to an institution by
a student enrolled at, or applying for enrolment at, the institution in
connection with his course of study or attendance at the institution, and
includes fees payable to the institution 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 attendances 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 conferred upon the completion of a
        course of advanced education;

'year to which this section applies' means the year 1980 or the year 1981.''.

(2) Notwithstanding the repeal of section 14 of the Principal Act effected by
sub-section (1), the provisions of sub-sections (3) to (13) inclusive of that
section continue to apply in relation to grants of financial assistance
provided to a State in respect of the year 1978.