{"id":"qld:act-1993-037","name":"Education (Capital Assistance) Act 1993","slug":"education-capital-assistance-act-1993","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"37 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104788,"registerId":"qld-act-1993-037-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Education (Capital Assistance) Act 1993 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\napproved authority , of an eligible non-State school, means the governing body of the school.\ns 3 def approved authority sub 2009 No. 40 s 4\nCAA means a corporation whose nomination under section 7 is acceptable to the Minister.\ncapital assistance means the provision of an amount under section 22 .\nCapital Assistance Fund of a CAA means the fund established by the CAA under section 12 .\ncapital project has the meaning given by section 4 .\ndue day , for part 5 , see section 21A .\ns 3 def due day ins 2004 No. 44 s 4 (1)\neligible non-State school means a non-State school that is—\na school, the governing body of which is eligible for government funding for the school under the Education (Accreditation of Non-State Schools) Act 2017 ; and\nlisted with a CAA for the purposes of this Act.\ns 3 def eligible non-State school amd 1999 No. 81 s 4 ; 2000 No. 46 s 3 sch ; 2001 No. 60 s 218 sch 1 ; 2004 No. 44 s 4 (2) ; 2017 No. 24 s 214 (1)\ninitial application , for part 5 , see section 21A .\ns 3 def initial application ins 2004 No. 44 s 4 (1)\nnon-State school means a school that is accredited under the Education (Accreditation of Non-State Schools) Act 2017 .\ns 3 def non-State school amd 2000 No. 46 s 3 sch\nsub 2001 No. 60 s 218 sch 1\namd 2017 No. 24 s 214 (2)\nState school see the Education (General Provisions) Act 2006 , schedule 4 .\ns 3 def State school amd 2000 No. 46 s 3 sch\nsub 2006 No. 39 s 512 (1) sch 1\n- (a) a school, the governing body of which is eligible for government funding for the school under the Education (Accreditation of Non-State Schools) Act 2017 ; and\n- (b) listed with a CAA for the purposes of this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of capital project","content":"### sec.4 Meaning of capital project\n\nA capital project is a project that consists of work for—\neducational facilities for students; or\nboarding facilities for students including accommodation in the facilities for persons supervising students in the facilities; or\nresidential accommodation for teachers in a remote area of the State.\nA project mentioned in subsection (1) (c) is a capital project only if the Minister approves the particular project.\nA capital project, consisting of work for facilities or accommodation as mentioned in subsection (1) , may include the following—\nwork relating to equipment or furniture to the extent the equipment or furniture is part of the facilities or accommodation;\nwork for the installation of information or communication technology equipment, or air-conditioning\nwork for the purpose of complying with any conditions imposed by the local government for the area in which the relevant non-State school is located, or is to be relocated, as part of the local government’s approval relating to the capital project, whether the work is undertaken on the school’s land or other land;\nWork relating to bus stops, bus shelters, or areas for students to be set-down or picked-up, located or to be located, outside of the school’s land.\nthe payment of an amount to the local government for the area in which the relevant non-State school is located, or is to be relocated, as part of the local government’s approval relating to the capital project.\nan amount for the provision of water supply or sewerage services, or for environmental protection\nIn this section—\nrelevant non-State school means the non-State school to which the capital project relates.\nwork means planning, construction, alteration, extension, renovation, relocation or upgrading.\ns 4 amd 2001 No. 60 s 219 sch 2 ; 2004 No. 44 s 5\n(sec.4-ssec.1) A capital project is a project that consists of work for— educational facilities for students; or boarding facilities for students including accommodation in the facilities for persons supervising students in the facilities; or residential accommodation for teachers in a remote area of the State.\n(sec.4-ssec.2) A project mentioned in subsection (1) (c) is a capital project only if the Minister approves the particular project.\n(sec.4-ssec.3) A capital project, consisting of work for facilities or accommodation as mentioned in subsection (1) , may include the following— work relating to equipment or furniture to the extent the equipment or furniture is part of the facilities or accommodation; work for the installation of information or communication technology equipment, or air-conditioning work for the purpose of complying with any conditions imposed by the local government for the area in which the relevant non-State school is located, or is to be relocated, as part of the local government’s approval relating to the capital project, whether the work is undertaken on the school’s land or other land; Work relating to bus stops, bus shelters, or areas for students to be set-down or picked-up, located or to be located, outside of the school’s land. the payment of an amount to the local government for the area in which the relevant non-State school is located, or is to be relocated, as part of the local government’s approval relating to the capital project. an amount for the provision of water supply or sewerage services, or for environmental protection\n(sec.4-ssec.4) In this section— relevant non-State school means the non-State school to which the capital project relates. work means planning, construction, alteration, extension, renovation, relocation or upgrading.\n- (a) educational facilities for students; or\n- (b) boarding facilities for students including accommodation in the facilities for persons supervising students in the facilities; or\n- (c) residential accommodation for teachers in a remote area of the State.\n- (a) work relating to equipment or furniture to the extent the equipment or furniture is part of the facilities or accommodation; Example— work for the installation of information or communication technology equipment, or air-conditioning\n- (b) work for the purpose of complying with any conditions imposed by the local government for the area in which the relevant non-State school is located, or is to be relocated, as part of the local government’s approval relating to the capital project, whether the work is undertaken on the school’s land or other land; Example— Work relating to bus stops, bus shelters, or areas for students to be set-down or picked-up, located or to be located, outside of the school’s land.\n- (c) the payment of an amount to the local government for the area in which the relevant non-State school is located, or is to be relocated, as part of the local government’s approval relating to the capital project. Example— an amount for the provision of water supply or sewerage services, or for environmental protection","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of granting application in part","content":"### sec.5 Meaning of granting application in part\n\nA reference in section 16 , 17 or 18 to the granting of an application in part includes granting the application in relation to any of the following—\na part of the project concerned;\na part of the capital assistance sought.\n- (a) a part of the project concerned;\n- (b) a part of the capital assistance sought.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 om 2009 No. 40 s 5","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Capital assistance authorities","content":"# Capital assistance authorities","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"CAAs","content":"### sec.7 CAAs\n\nCatholic Education Queensland Ltd ACN 689 899 223 may nominate a corporation to be a capital assistance authority.\nThe Association of Independent Schools of Queensland Inc. may nominate a corporation to be a capital assistance authority.\nA nomination must be in writing and given to the Minister.\nA nomination is effective only if the nominee is acceptable to the Minister.\ns 7 amd 2025 No. 24 s 39ZD\n(sec.7-ssec.1) Catholic Education Queensland Ltd ACN 689 899 223 may nominate a corporation to be a capital assistance authority.\n(sec.7-ssec.2) The Association of Independent Schools of Queensland Inc. may nominate a corporation to be a capital assistance authority.\n(sec.7-ssec.3) A nomination must be in writing and given to the Minister.\n(sec.7-ssec.4) A nomination is effective only if the nominee is acceptable to the Minister.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Funding of CAAs for administrative costs","content":"### sec.8 Funding of CAAs for administrative costs\n\nThe Minister may pay amounts to a CAA on account of the administrative costs expected to be incurred by the CAA in performing its functions under this Act.\nThe amounts are to be paid from the amounts appropriated by the Parliament for the purposes of this Act.\nThe CAA may pay the administrative costs out of the amounts.\nInterest earned by a CAA on amounts paid under subsection (1) (including any interest on that interest) may only be used by the CAA—\nto pay the administrative costs; or\nto provide capital assistance.\n(sec.8-ssec.1) The Minister may pay amounts to a CAA on account of the administrative costs expected to be incurred by the CAA in performing its functions under this Act.\n(sec.8-ssec.2) The amounts are to be paid from the amounts appropriated by the Parliament for the purposes of this Act.\n(sec.8-ssec.3) The CAA may pay the administrative costs out of the amounts.\n(sec.8-ssec.4) Interest earned by a CAA on amounts paid under subsection (1) (including any interest on that interest) may only be used by the CAA— to pay the administrative costs; or to provide capital assistance.\n- (a) to pay the administrative costs; or\n- (b) to provide capital assistance.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Functions","content":"### sec.9 Functions\n\nThe functions of a CAA are—\nto receive and assess applications for capital assistance from approved authorities of eligible non-State schools listed with the CAA for the purposes of this Act ( listed schools ) and to make recommendations to the Minister in relation to the applications; and\nto make payments under this Act to approved authorities of listed schools from amounts standing to the credit of the CAA’s Capital Assistance Fund; and\nto carry out the other functions conferred on the CAA by this Act.\ns 9 amd 1999 No. 81 s 5\n- (a) to receive and assess applications for capital assistance from approved authorities of eligible non-State schools listed with the CAA for the purposes of this Act ( listed schools ) and to make recommendations to the Minister in relation to the applications; and\n- (b) to make payments under this Act to approved authorities of listed schools from amounts standing to the credit of the CAA’s Capital Assistance Fund; and\n- (c) to carry out the other functions conferred on the CAA by this Act.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Listing with CAA","content":"### sec.10 Listing with CAA\n\nIt is the responsibility of each non-State school that is a school, the governing body of which is eligible for Government funding under the Education (Accreditation of Non-State Schools) Act 2017 , to become listed with a CAA.\nA CAA must give the Minister written notice of each non-State school listed with it for the purposes of this Act.\nThe notice must be given as soon as practicable after the listing happens.\nA non-State school may be listed with only 1 CAA for the purposes of this Act.\ns 10 amd 1999 No. 81 s 6 ; 2000 No. 46 s 3 sch ; 2001 No. 60 s 218 sch 1 ; 2004 No. 44 s 6 ; 2017 No. 24 s 215\n(sec.10-ssec.1) It is the responsibility of each non-State school that is a school, the governing body of which is eligible for Government funding under the Education (Accreditation of Non-State Schools) Act 2017 , to become listed with a CAA.\n(sec.10-ssec.2) A CAA must give the Minister written notice of each non-State school listed with it for the purposes of this Act.\n(sec.10-ssec.3) The notice must be given as soon as practicable after the listing happens.\n(sec.10-ssec.4) A non-State school may be listed with only 1 CAA for the purposes of this Act.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Change of listing","content":"### sec.11 Change of listing\n\nAn eligible non-State school may change its listing from one CAA to the other CAA for the purposes of this Act only if the Minister has approved the change.\nAn eligible non-State school may apply to the Minister for an approval under subsection (1) only if—\nthe application is made not less than 12 months before 1 January of the year for which the school is seeking the change of listing to be effective; and\nall amounts granted to the approved authority of the school for capital assistance for a proposed capital project at the school have been paid to the school; and\nbefore making its application, the school gives written notice of its intention to apply for approval to change its listing, including the reasons for the proposed change, to each CAA.\nThe application must be in writing.\nBefore deciding the application, the Minister must seek the views of each CAA about the application.\nThe Minister may grant or refuse the application after considering any views of the CAAs.\nIf the Minister approves the application, the Minister must determine the year from which the change of listing becomes effective.\nThe change of listing becomes effective on 1 January in that year.\nThe Minister must inform the applicant and each CAA in writing of the Minister’s decision on the application.\nIf the Minister refuses the application, the Minister must give the applicant written reasons for the decision.\ns 11 amd 1999 No. 81 s 7 ; 2004 No. 44 s 7\n(sec.11-ssec.1) An eligible non-State school may change its listing from one CAA to the other CAA for the purposes of this Act only if the Minister has approved the change.\n(sec.11-ssec.2) An eligible non-State school may apply to the Minister for an approval under subsection (1) only if— the application is made not less than 12 months before 1 January of the year for which the school is seeking the change of listing to be effective; and all amounts granted to the approved authority of the school for capital assistance for a proposed capital project at the school have been paid to the school; and before making its application, the school gives written notice of its intention to apply for approval to change its listing, including the reasons for the proposed change, to each CAA.\n(sec.11-ssec.3) The application must be in writing.\n(sec.11-ssec.4) Before deciding the application, the Minister must seek the views of each CAA about the application.\n(sec.11-ssec.5) The Minister may grant or refuse the application after considering any views of the CAAs.\n(sec.11-ssec.6) If the Minister approves the application, the Minister must determine the year from which the change of listing becomes effective.\n(sec.11-ssec.7) The change of listing becomes effective on 1 January in that year.\n(sec.11-ssec.8) The Minister must inform the applicant and each CAA in writing of the Minister’s decision on the application.\n(sec.11-ssec.9) If the Minister refuses the application, the Minister must give the applicant written reasons for the decision.\n- (a) the application is made not less than 12 months before 1 January of the year for which the school is seeking the change of listing to be effective; and\n- (b) all amounts granted to the approved authority of the school for capital assistance for a proposed capital project at the school have been paid to the school; and\n- (c) before making its application, the school gives written notice of its intention to apply for approval to change its listing, including the reasons for the proposed change, to each CAA.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"CAAs to establish Capital Assistance Funds","content":"### sec.12 CAAs to establish Capital Assistance Funds\n\nEach CAA must establish a fund called the (name of CAA) Capital Assistance Fund.\nEach CAA must pay into its Capital Assistance Fund—\namounts paid to the CAA under section 13 ; and\ninterest mentioned in section 8 that is to be used to provide capital assistance; and\namounts of capital assistance returned to the CAA by an approved authority under an agreement mentioned in section 22 ; and\ninterest earned on the amounts in the fund.\nA CAA must deposit the amounts standing to the credit of its Capital Assistance Fund with—\na financial institution; or\na person, body or fund approved by the Treasurer.\nThe CAA must keep the deposits separate from its other deposits with the financial institution or the person, body or fund.\nAmounts received by a CAA that are required to be paid into its Capital Assistance Fund are held by the CAA on behalf of the State.\nAmounts standing to the credit of a CAA’s Capital Assistance Fund may be used by the CAA only to provide capital assistance.\ns 12 amd 1997 No. 17 s 74 sch\n(sec.12-ssec.1) Each CAA must establish a fund called the (name of CAA) Capital Assistance Fund.\n(sec.12-ssec.2) Each CAA must pay into its Capital Assistance Fund— amounts paid to the CAA under section 13 ; and interest mentioned in section 8 that is to be used to provide capital assistance; and amounts of capital assistance returned to the CAA by an approved authority under an agreement mentioned in section 22 ; and interest earned on the amounts in the fund.\n(sec.12-ssec.3) A CAA must deposit the amounts standing to the credit of its Capital Assistance Fund with— a financial institution; or a person, body or fund approved by the Treasurer.\n(sec.12-ssec.4) The CAA must keep the deposits separate from its other deposits with the financial institution or the person, body or fund.\n(sec.12-ssec.5) Amounts received by a CAA that are required to be paid into its Capital Assistance Fund are held by the CAA on behalf of the State.\n(sec.12-ssec.6) Amounts standing to the credit of a CAA’s Capital Assistance Fund may be used by the CAA only to provide capital assistance.\n- (a) amounts paid to the CAA under section 13 ; and\n- (b) interest mentioned in section 8 that is to be used to provide capital assistance; and\n- (c) amounts of capital assistance returned to the CAA by an approved authority under an agreement mentioned in section 22 ; and\n- (d) interest earned on the amounts in the fund.\n- (a) a financial institution; or\n- (b) a person, body or fund approved by the Treasurer.","sortOrder":13},{"sectionNumber":"sec.12A","sectionType":"section","heading":"CAAs to notify schools of relevant dates","content":"### sec.12A CAAs to notify schools of relevant dates\n\nEach CAA must give written notice to the approved authority of each of the eligible non-State schools listed with the CAA of the day (the relevant day ) before which applications for capital assistance for a year may be made under section 15 .\nThe written notice—\nmust be given to each approved authority before the day prescribed under a regulation; and\nmay provide for different relevant days for capital assistance for different types of capital projects.\nEach CAA must have at least 1 relevant day in each year for each type of capital project.\ns 12A ins 2004 No. 44 s 8\n(sec.12A-ssec.1) Each CAA must give written notice to the approved authority of each of the eligible non-State schools listed with the CAA of the day (the relevant day ) before which applications for capital assistance for a year may be made under section 15 .\n(sec.12A-ssec.2) The written notice— must be given to each approved authority before the day prescribed under a regulation; and may provide for different relevant days for capital assistance for different types of capital projects.\n(sec.12A-ssec.3) Each CAA must have at least 1 relevant day in each year for each type of capital project.\n- (a) must be given to each approved authority before the day prescribed under a regulation; and\n- (b) may provide for different relevant days for capital assistance for different types of capital projects.","sortOrder":14},{"sectionNumber":"pt.3","sectionType":"part","heading":"Funding for capital assistance","content":"# Funding for capital assistance","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Minister may provide funds","content":"### sec.13 Minister may provide funds\n\nThe Minister may pay amounts to a CAA for the purpose of enabling the CAA to provide capital assistance.\nThe amounts are to be paid from amounts appropriated by the Parliament for the purposes of this Act.\n(sec.13-ssec.1) The Minister may pay amounts to a CAA for the purpose of enabling the CAA to provide capital assistance.\n(sec.13-ssec.2) The amounts are to be paid from amounts appropriated by the Parliament for the purposes of this Act.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Certain projects must not be funded","content":"### sec.14 Certain projects must not be funded\n\nCapital assistance must not be provided for—\nthe acquisition of land; or\nthe planning, construction, alteration, extension, renovation, relocation or upgrading of—\na facility that has religious worship as its sole or principal purpose; or\na facility of a type not provided by the State in State schools; or\na capital project related to a temporary site at which special assistance is provided, or proposed to be provided, by an eligible non-State school under the Education (Accreditation of Non-State Schools) Act 2017 , chapter 2 , part 4 .\nSubsection (1) (b) (ii) does not apply to the provision of boarding facilities for students at an eligible non-State school including accommodation in the facilities for persons supervising students in the facilities if—\nthe facilities are to be or are situated in the school grounds; or\nthe Minister approves the provision of the facilities.\nFor the purpose of subsection (1) (b) (ii) , a facility is to be taken to be provided by the State only if the whole of its cost is borne—\nby the State or the Commonwealth; or\npartly by the State and the Commonwealth.\nCapital assistance must not be provided for a capital project if—\na contract for the project has been entered into; or\nsite work or other building work for the project has been started;\nbefore the Minister grants an application for capital assistance for the project.\ns 14 amd 2004 No. 44 s 9 ; 2014 No. 62 s 27 ; 2017 No. 24 s 216\n(sec.14-ssec.1) Capital assistance must not be provided for— the acquisition of land; or the planning, construction, alteration, extension, renovation, relocation or upgrading of— a facility that has religious worship as its sole or principal purpose; or a facility of a type not provided by the State in State schools; or a capital project related to a temporary site at which special assistance is provided, or proposed to be provided, by an eligible non-State school under the Education (Accreditation of Non-State Schools) Act 2017 , chapter 2 , part 4 .\n(sec.14-ssec.2) Subsection (1) (b) (ii) does not apply to the provision of boarding facilities for students at an eligible non-State school including accommodation in the facilities for persons supervising students in the facilities if— the facilities are to be or are situated in the school grounds; or the Minister approves the provision of the facilities.\n(sec.14-ssec.3) For the purpose of subsection (1) (b) (ii) , a facility is to be taken to be provided by the State only if the whole of its cost is borne— by the State or the Commonwealth; or partly by the State and the Commonwealth.\n(sec.14-ssec.4) Capital assistance must not be provided for a capital project if— a contract for the project has been entered into; or site work or other building work for the project has been started; before the Minister grants an application for capital assistance for the project.\n- (a) the acquisition of land; or\n- (b) the planning, construction, alteration, extension, renovation, relocation or upgrading of— (i) a facility that has religious worship as its sole or principal purpose; or (ii) a facility of a type not provided by the State in State schools; or\n- (i) a facility that has religious worship as its sole or principal purpose; or\n- (ii) a facility of a type not provided by the State in State schools; or\n- (i) a facility that has religious worship as its sole or principal purpose; or\n- (ii) a facility of a type not provided by the State in State schools; or\n- (c) a capital project related to a temporary site at which special assistance is provided, or proposed to be provided, by an eligible non-State school under the Education (Accreditation of Non-State Schools) Act 2017 , chapter 2 , part 4 .\n- (a) the facilities are to be or are situated in the school grounds; or\n- (b) the Minister approves the provision of the facilities.\n- (a) by the State or the Commonwealth; or\n- (b) partly by the State and the Commonwealth.\n- (a) a contract for the project has been entered into; or\n- (b) site work or other building work for the project has been started;","sortOrder":17},{"sectionNumber":"pt.4","sectionType":"part","heading":"Applications for capital assistance and review","content":"# Applications for capital assistance and review","sortOrder":18},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Applications for capital assistance","content":"## Applications for capital assistance","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application","content":"### sec.15 Application\n\nThe approved authority of an eligible non-State school may, before the relevant day for a year, apply to the Minister for capital assistance for a proposed capital project to be carried out at the school during the year or either or both of the 2 following years.\nDespite subsection (1) , an application for capital assistance may be made by the approved authority of an eligible non-State school after the relevant day for the year if the CAA with which the school is listed considers that there are exceptional circumstances.\nThe application must be made in writing through the CAA with which the school is listed.\nThe application must specify the amount of capital assistance sought.\nThe application must contain, or be accompanied by, the information that may be required by regulation.\nIn this section—\nrelevant day , for a year, means—\nthe day notified, under section 12A , to the approved authority of an eligible non-State school by the CAA with which the school is listed for the making of applications for capital assistance of the type concerned for the year; or\nif the CAA fails to notify the approved authority of an eligible non-State school listed with it of the day under section 12A , the day prescribed under a regulation as the day for the making of applications for capital assistance of the type concerned for the year.\ns 15 amd 1999 No. 81 s 8 ; 2004 No. 44 s 10\n(sec.15-ssec.1) The approved authority of an eligible non-State school may, before the relevant day for a year, apply to the Minister for capital assistance for a proposed capital project to be carried out at the school during the year or either or both of the 2 following years.\n(sec.15-ssec.2) Despite subsection (1) , an application for capital assistance may be made by the approved authority of an eligible non-State school after the relevant day for the year if the CAA with which the school is listed considers that there are exceptional circumstances.\n(sec.15-ssec.3) The application must be made in writing through the CAA with which the school is listed.\n(sec.15-ssec.4) The application must specify the amount of capital assistance sought.\n(sec.15-ssec.5) The application must contain, or be accompanied by, the information that may be required by regulation.\n(sec.15-ssec.6) In this section— relevant day , for a year, means— the day notified, under section 12A , to the approved authority of an eligible non-State school by the CAA with which the school is listed for the making of applications for capital assistance of the type concerned for the year; or if the CAA fails to notify the approved authority of an eligible non-State school listed with it of the day under section 12A , the day prescribed under a regulation as the day for the making of applications for capital assistance of the type concerned for the year.\n- (a) the day notified, under section 12A , to the approved authority of an eligible non-State school by the CAA with which the school is listed for the making of applications for capital assistance of the type concerned for the year; or\n- (b) if the CAA fails to notify the approved authority of an eligible non-State school listed with it of the day under section 12A , the day prescribed under a regulation as the day for the making of applications for capital assistance of the type concerned for the year.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Action by CAA","content":"### sec.16 Action by CAA\n\nOn receipt of an application under section 15 , the CAA must—\nassess it, having regard to—\nthe criteria prescribed under a regulation; and\nother applications for the same type of capital assistance received by the CAA in relation to the same relevant day; and\nrecommend to the Minister whether it should be granted in whole or in part or refused.\nThe recommendation must be in writing, give reasons for the recommendation and be given to the Minister by the day prescribed by regulation for the relevant year.\ns 16 amd 2004 No. 44 s 11\n(sec.16-ssec.1) On receipt of an application under section 15 , the CAA must— assess it, having regard to— the criteria prescribed under a regulation; and other applications for the same type of capital assistance received by the CAA in relation to the same relevant day; and recommend to the Minister whether it should be granted in whole or in part or refused.\n(sec.16-ssec.2) The recommendation must be in writing, give reasons for the recommendation and be given to the Minister by the day prescribed by regulation for the relevant year.\n- (a) assess it, having regard to— (i) the criteria prescribed under a regulation; and (ii) other applications for the same type of capital assistance received by the CAA in relation to the same relevant day; and\n- (i) the criteria prescribed under a regulation; and\n- (ii) other applications for the same type of capital assistance received by the CAA in relation to the same relevant day; and\n- (b) recommend to the Minister whether it should be granted in whole or in part or refused.\n- (i) the criteria prescribed under a regulation; and\n- (ii) other applications for the same type of capital assistance received by the CAA in relation to the same relevant day; and","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Minister to decide application","content":"### sec.17 Minister to decide application\n\nOn receipt of the recommendation and the application to which it relates, the Minister may grant the application in whole or part or refuse the application.\nIn deciding the application, the Minister may have regard solely or principally to the CAA’s recommendation.\nThe Minister must inform the applicant and the CAA in writing of the decision.\nIf the Minister grants the application only in part or refuses the application, the Minister must give the CAA written reasons for the decision.\nThe CAA must give a copy of the reasons to the applicant.\n(sec.17-ssec.1) On receipt of the recommendation and the application to which it relates, the Minister may grant the application in whole or part or refuse the application.\n(sec.17-ssec.2) In deciding the application, the Minister may have regard solely or principally to the CAA’s recommendation.\n(sec.17-ssec.3) The Minister must inform the applicant and the CAA in writing of the decision.\n(sec.17-ssec.4) If the Minister grants the application only in part or refuses the application, the Minister must give the CAA written reasons for the decision.\n(sec.17-ssec.5) The CAA must give a copy of the reasons to the applicant.","sortOrder":22},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Applications for review","content":"## Applications for review","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Making of application","content":"### sec.18 Making of application\n\nIf an application for capital assistance is granted by the Minister (whether in whole or part), the approved authority of the eligible non-State school concerned may apply to the Minister to have the application reviewed with a view to having the amount of capital assistance increased.\nThe application must be made in writing through the CAA with which the school is listed.\nThe application must specify—\nthe amount of the increase; and\nthe reasons for which the increase is sought.\ns 18 amd 1999 No. 81 s 9\n(sec.18-ssec.1) If an application for capital assistance is granted by the Minister (whether in whole or part), the approved authority of the eligible non-State school concerned may apply to the Minister to have the application reviewed with a view to having the amount of capital assistance increased.\n(sec.18-ssec.2) The application must be made in writing through the CAA with which the school is listed.\n(sec.18-ssec.3) The application must specify— the amount of the increase; and the reasons for which the increase is sought.\n- (a) the amount of the increase; and\n- (b) the reasons for which the increase is sought.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Action by CAA on a review","content":"### sec.19 Action by CAA on a review\n\nOn receipt of an application under section 18 , the CAA must—\nassess it having regard to the criteria prescribed by regulation; and\nrecommend to the Minister whether—\nthe amount of capital assistance previously granted should be increased by the amount sought or a lesser amount; or\nthe application should be refused.\nThe recommendation must be in writing, give reasons for the recommendation and be given by the CAA to the Minister as soon as practicable after the CAA decides the recommendation.\n(sec.19-ssec.1) On receipt of an application under section 18 , the CAA must— assess it having regard to the criteria prescribed by regulation; and recommend to the Minister whether— the amount of capital assistance previously granted should be increased by the amount sought or a lesser amount; or the application should be refused.\n(sec.19-ssec.2) The recommendation must be in writing, give reasons for the recommendation and be given by the CAA to the Minister as soon as practicable after the CAA decides the recommendation.\n- (a) assess it having regard to the criteria prescribed by regulation; and\n- (b) recommend to the Minister whether— (i) the amount of capital assistance previously granted should be increased by the amount sought or a lesser amount; or (ii) the application should be refused.\n- (i) the amount of capital assistance previously granted should be increased by the amount sought or a lesser amount; or\n- (ii) the application should be refused.\n- (i) the amount of capital assistance previously granted should be increased by the amount sought or a lesser amount; or\n- (ii) the application should be refused.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Power of Minister on a review","content":"### sec.20 Power of Minister on a review\n\nOn receipt of the recommendation and the application to which it relates, the Minister may—\napprove that the amount of capital assistance previously granted be increased by the amount sought or a lesser amount; or\nrefuse the application.\nIn deciding the application, the Minister may have regard solely or principally to the CAA’s recommendation.\nThe Minister must inform the applicant and the CAA in writing of the decision.\nIf the Minister approves that the amount of capital assistance previously granted be increased by less than the amount sought or refuses the application, the Minister must give the CAA written reasons for the decision.\nThe CAA must give a copy of the reasons to the applicant.\n(sec.20-ssec.1) On receipt of the recommendation and the application to which it relates, the Minister may— approve that the amount of capital assistance previously granted be increased by the amount sought or a lesser amount; or refuse the application.\n(sec.20-ssec.2) In deciding the application, the Minister may have regard solely or principally to the CAA’s recommendation.\n(sec.20-ssec.3) The Minister must inform the applicant and the CAA in writing of the decision.\n(sec.20-ssec.4) If the Minister approves that the amount of capital assistance previously granted be increased by less than the amount sought or refuses the application, the Minister must give the CAA written reasons for the decision.\n(sec.20-ssec.5) The CAA must give a copy of the reasons to the applicant.\n- (a) approve that the amount of capital assistance previously granted be increased by the amount sought or a lesser amount; or\n- (b) refuse the application.","sortOrder":26},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Available funds","content":"## Available funds","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"CAA to have regard to available funds","content":"### sec.21 CAA to have regard to available funds\n\nIn making a recommendation to the Minister about an application under section 15 or 18 for capital assistance for a proposed capital project, a CAA must have regard to—\nthe amount the Minister has advised the CAA is available to provide capital assistance to eligible non-State schools listed with the CAA; or\nif the Minister has advised the CAA that different amounts are available for different types of capital projects—the amount that is available to provide capital assistance to eligible non-State schools listed with the CAA for capital projects of that type.\nSubsection (1) does not apply to making a recommendation about an application for capital assistance for a capital project to the extent it includes work or a payment mentioned in section 4 (3) (b) or (c) .\ns 21 amd 1999 No. 81 s 10\nsub 2004 No. 44 s 12\n(sec.21-ssec.1) In making a recommendation to the Minister about an application under section 15 or 18 for capital assistance for a proposed capital project, a CAA must have regard to— the amount the Minister has advised the CAA is available to provide capital assistance to eligible non-State schools listed with the CAA; or if the Minister has advised the CAA that different amounts are available for different types of capital projects—the amount that is available to provide capital assistance to eligible non-State schools listed with the CAA for capital projects of that type.\n(sec.21-ssec.2) Subsection (1) does not apply to making a recommendation about an application for capital assistance for a capital project to the extent it includes work or a payment mentioned in section 4 (3) (b) or (c) .\n- (a) the amount the Minister has advised the CAA is available to provide capital assistance to eligible non-State schools listed with the CAA; or\n- (b) if the Minister has advised the CAA that different amounts are available for different types of capital projects—the amount that is available to provide capital assistance to eligible non-State schools listed with the CAA for capital projects of that type.","sortOrder":28},{"sectionNumber":"pt.5","sectionType":"part","heading":"Provision of capital assistance","content":"# Provision of capital assistance","sortOrder":29},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":30},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.21A Definitions for pt 5\n\nIn this part—\ndue day , for an initial application for payment of the amount, or part of the amount, granted for a capital assistance project, means—\nthe day that is 2 years after the day of the Minister’s grant of the application for capital assistance for the project; or\nthe later day decided by the Minister under section 22D (4) (b) .\ninitial application see section 22A (a) .\ns 21A ins 2004 No. 44 s 13\n- (a) the day that is 2 years after the day of the Minister’s grant of the application for capital assistance for the project; or\n- (b) the later day decided by the Minister under section 22D (4) (b) .","sortOrder":31},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Provision of capital assistance","content":"## Provision of capital assistance","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"CAA may provide capital assistance","content":"### sec.22 CAA may provide capital assistance\n\nIf the Minister grants an application by the approved authority of an eligible non-State school for capital assistance for a proposed capital project, the CAA with which the school is listed must provide the approved authority with the amount granted for the project.\nHowever, the CAA must not provide the amount until—\nthe CAA and the approved authority have entered into a written agreement for the project; and\nat least 25% of the value of the works relating to the project has been completed; and\nthe approved authority has applied, under section 22A , for payment of the amount, or part of the amount.\nThe agreement must be in the form approved by the Minister for the project.\ns 22 amd 2004 No. 44 s 14\n(sec.22-ssec.1) If the Minister grants an application by the approved authority of an eligible non-State school for capital assistance for a proposed capital project, the CAA with which the school is listed must provide the approved authority with the amount granted for the project.\n(sec.22-ssec.2) However, the CAA must not provide the amount until— the CAA and the approved authority have entered into a written agreement for the project; and at least 25% of the value of the works relating to the project has been completed; and the approved authority has applied, under section 22A , for payment of the amount, or part of the amount.\n(sec.22-ssec.3) The agreement must be in the form approved by the Minister for the project.\n- (a) the CAA and the approved authority have entered into a written agreement for the project; and\n- (b) at least 25% of the value of the works relating to the project has been completed; and\n- (c) the approved authority has applied, under section 22A , for payment of the amount, or part of the amount.","sortOrder":33},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Application for payment of amount granted for project","content":"### sec.22A Application for payment of amount granted for project\n\nIf the Minister grants an application by the approved authority of an eligible non-State school for capital assistance for a proposed capital project, the approved authority must—\napply (an initial application ) to the CAA with which the school is listed for payment of the amount, or part of the amount, granted for the project before the due day; or\napply, under section 22B , for an extension of time.\ns 22A ins 2004 No. 44 s 15\n- (a) apply (an initial application ) to the CAA with which the school is listed for payment of the amount, or part of the amount, granted for the project before the due day; or\n- (b) apply, under section 22B , for an extension of time.","sortOrder":34},{"sectionNumber":"sec.22B","sectionType":"section","heading":"Extension of time for making initial application for payment","content":"### sec.22B Extension of time for making initial application for payment\n\nIf an approved authority of an eligible non-State school that has been granted capital assistance for a proposed capital project can not make an initial application before the due day, the approved authority may apply to the Minister for an extension of time before which the initial application must be made.\nat least 25% of the value of the works relating to the project has not been completed in accordance with section 22 (2) (b)\nThe application must—\nbe made in writing through the CAA with which the school is listed; and\ngive reasons for the proposed extension of time; and\nbe given to the CAA before the due day.\nMore than 1 application may be made under this section by an approved authority about the same capital project.\ns 22B ins 2004 No. 44 s 15\n(sec.22B-ssec.1) If an approved authority of an eligible non-State school that has been granted capital assistance for a proposed capital project can not make an initial application before the due day, the approved authority may apply to the Minister for an extension of time before which the initial application must be made. at least 25% of the value of the works relating to the project has not been completed in accordance with section 22 (2) (b)\n(sec.22B-ssec.2) The application must— be made in writing through the CAA with which the school is listed; and give reasons for the proposed extension of time; and be given to the CAA before the due day.\n(sec.22B-ssec.3) More than 1 application may be made under this section by an approved authority about the same capital project.\n- (a) be made in writing through the CAA with which the school is listed; and\n- (b) give reasons for the proposed extension of time; and\n- (c) be given to the CAA before the due day.","sortOrder":35},{"sectionNumber":"sec.22C","sectionType":"section","heading":"Action by CAA","content":"### sec.22C Action by CAA\n\nOn receipt of an application under section 22B , the CAA must assess it and recommend to the Minister whether it should be granted or refused.\nThe recommendation must be in writing, give reasons for the recommendation and be given to the Minister together with the application within 28 days after receipt of the application by the CAA.\ns 22C ins 2004 No. 44 s 15\n(sec.22C-ssec.1) On receipt of an application under section 22B , the CAA must assess it and recommend to the Minister whether it should be granted or refused.\n(sec.22C-ssec.2) The recommendation must be in writing, give reasons for the recommendation and be given to the Minister together with the application within 28 days after receipt of the application by the CAA.","sortOrder":36},{"sectionNumber":"sec.22D","sectionType":"section","heading":"Minister to decide application","content":"### sec.22D Minister to decide application\n\nOn receipt of the recommendation and the application to which it relates, the Minister may grant the application or refuse the application.\nIn deciding the application, the Minister may have regard solely or principally to the CAA’s recommendation.\nThe Minister must give the approved authority and the CAA written notice of the Minister’s decision.\nThe Minister’s notice must state the following—\nwhether the Minister has granted the application or refused the application;\nif the Minister granted the application—the day by which the initial application must be made;\nif the Minister refused to grant the application—the reasons for the refusal.\ns 22D ins 2004 No. 44 s 15\n(sec.22D-ssec.1) On receipt of the recommendation and the application to which it relates, the Minister may grant the application or refuse the application.\n(sec.22D-ssec.2) In deciding the application, the Minister may have regard solely or principally to the CAA’s recommendation.\n(sec.22D-ssec.3) The Minister must give the approved authority and the CAA written notice of the Minister’s decision.\n(sec.22D-ssec.4) The Minister’s notice must state the following— whether the Minister has granted the application or refused the application; if the Minister granted the application—the day by which the initial application must be made; if the Minister refused to grant the application—the reasons for the refusal.\n- (a) whether the Minister has granted the application or refused the application;\n- (b) if the Minister granted the application—the day by which the initial application must be made;\n- (c) if the Minister refused to grant the application—the reasons for the refusal.","sortOrder":37},{"sectionNumber":"sec.22E","sectionType":"section","heading":"Revocation of grant of application","content":"### sec.22E Revocation of grant of application\n\nThis section applies if the Minister has granted an application by an approved authority of an eligible non-State school for capital assistance for a proposed capital project (the original grant ) and—\nneither—\nan initial application for payment of capital assistance has been made before the due day; nor\nan application by the approved authority for an extension of time in which to make the initial application has been received before the due day by the CAA through which it must be made; or\nan application by the approved authority for an extension of time in which to make the initial application has been received before the due day by the CAA through which it must be made and has been refused under section 22D .\nThe original grant is revoked and, if the capital assistance is still required by the school, a fresh application must be made under section 15 .\ns 22E ins 2004 No. 44 s 15\n(sec.22E-ssec.1) This section applies if the Minister has granted an application by an approved authority of an eligible non-State school for capital assistance for a proposed capital project (the original grant ) and— neither— an initial application for payment of capital assistance has been made before the due day; nor an application by the approved authority for an extension of time in which to make the initial application has been received before the due day by the CAA through which it must be made; or an application by the approved authority for an extension of time in which to make the initial application has been received before the due day by the CAA through which it must be made and has been refused under section 22D .\n(sec.22E-ssec.2) The original grant is revoked and, if the capital assistance is still required by the school, a fresh application must be made under section 15 .\n- (a) neither— (i) an initial application for payment of capital assistance has been made before the due day; nor (ii) an application by the approved authority for an extension of time in which to make the initial application has been received before the due day by the CAA through which it must be made; or\n- (i) an initial application for payment of capital assistance has been made before the due day; nor\n- (ii) an application by the approved authority for an extension of time in which to make the initial application has been received before the due day by the CAA through which it must be made; or\n- (b) an application by the approved authority for an extension of time in which to make the initial application has been received before the due day by the CAA through which it must be made and has been refused under section 22D .\n- (i) an initial application for payment of capital assistance has been made before the due day; nor\n- (ii) an application by the approved authority for an extension of time in which to make the initial application has been received before the due day by the CAA through which it must be made; or","sortOrder":38},{"sectionNumber":"sec.22F","sectionType":"section","heading":"CAA may provide additional capital assistance","content":"### sec.22F CAA may provide additional capital assistance\n\nThis section applies if the Minister grants an application by the approved authority of an eligible non-State school for capital assistance for a proposed capital project.\nThe CAA with which the school is listed may provide an additional amount of capital assistance ( additional capital assistance ) to the approved authority for the proposed capital project.\nHowever, the CAA may provide the additional capital assistance only if there has been a variation in the cost of the proposed capital project that was not reasonably foreseeable at the time the application for capital assistance was made by the approved authority.\nThe additional capital assistance must be not more than 10% of the amount granted by the Minister for the proposed capital project.\nThe CAA may provide the additional capital assistance only from an amount in its Capital Assistance Fund that is—\ninterest mentioned in section 12 (2) (b) or (d) ; or\nanother amount that is not required to be paid to an approved authority under section 22 , including—\nan amount returned to the CAA by an approved authority under an agreement mentioned in section 22 ; and\nan amount remaining in the fund because of a revocation under section 22E .\nIf a CAA provides additional capital assistance to an approved authority it must give the Minister a written notice about the provision of the additional capital assistance, including the amount of the additional capital assistance provided.\ns 22F ins 2004 No. 44 s 15\n(sec.22F-ssec.1) This section applies if the Minister grants an application by the approved authority of an eligible non-State school for capital assistance for a proposed capital project.\n(sec.22F-ssec.2) The CAA with which the school is listed may provide an additional amount of capital assistance ( additional capital assistance ) to the approved authority for the proposed capital project.\n(sec.22F-ssec.3) However, the CAA may provide the additional capital assistance only if there has been a variation in the cost of the proposed capital project that was not reasonably foreseeable at the time the application for capital assistance was made by the approved authority.\n(sec.22F-ssec.4) The additional capital assistance must be not more than 10% of the amount granted by the Minister for the proposed capital project.\n(sec.22F-ssec.5) The CAA may provide the additional capital assistance only from an amount in its Capital Assistance Fund that is— interest mentioned in section 12 (2) (b) or (d) ; or another amount that is not required to be paid to an approved authority under section 22 , including— an amount returned to the CAA by an approved authority under an agreement mentioned in section 22 ; and an amount remaining in the fund because of a revocation under section 22E .\n(sec.22F-ssec.6) If a CAA provides additional capital assistance to an approved authority it must give the Minister a written notice about the provision of the additional capital assistance, including the amount of the additional capital assistance provided.\n- (a) interest mentioned in section 12 (2) (b) or (d) ; or\n- (b) another amount that is not required to be paid to an approved authority under section 22 , including— (i) an amount returned to the CAA by an approved authority under an agreement mentioned in section 22 ; and (ii) an amount remaining in the fund because of a revocation under section 22E .\n- (i) an amount returned to the CAA by an approved authority under an agreement mentioned in section 22 ; and\n- (ii) an amount remaining in the fund because of a revocation under section 22E .\n- (i) an amount returned to the CAA by an approved authority under an agreement mentioned in section 22 ; and\n- (ii) an amount remaining in the fund because of a revocation under section 22E .","sortOrder":39},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":40},{"sectionNumber":"sec.23","sectionType":"section","heading":"Inspection of records kept by CAAs for approved applications for capital assistance","content":"### sec.23 Inspection of records kept by CAAs for approved applications for capital assistance\n\nA CAA must permit an approved person—\nto inspect, without fee, a record kept by the CAA for an approved application for capital assistance; and\nto take a copy of, or extract from, the record without fee.\nBefore inspecting a record kept by the CAA, the approved person must produce a copy of the approved person’s approval to the person in charge of the CAA for that person’s inspection.\nThe approved person must, as soon as practicable after inspecting the record, give a report to the Minister about the record’s contents.\nIn this section—\napproved person means a person approved by the Minister, in writing, for this section.\nrecord , for an approved application for capital assistance, means any document kept by the CAA about the capital project for which the application for capital assistance was granted.\ns 23 amd 1999 No. 81 s 12\nsub 2004 No. 44 s 16\n(sec.23-ssec.1) A CAA must permit an approved person— to inspect, without fee, a record kept by the CAA for an approved application for capital assistance; and to take a copy of, or extract from, the record without fee.\n(sec.23-ssec.2) Before inspecting a record kept by the CAA, the approved person must produce a copy of the approved person’s approval to the person in charge of the CAA for that person’s inspection.\n(sec.23-ssec.3) The approved person must, as soon as practicable after inspecting the record, give a report to the Minister about the record’s contents.\n(sec.23-ssec.4) In this section— approved person means a person approved by the Minister, in writing, for this section. record , for an approved application for capital assistance, means any document kept by the CAA about the capital project for which the application for capital assistance was granted.\n- (a) to inspect, without fee, a record kept by the CAA for an approved application for capital assistance; and\n- (b) to take a copy of, or extract from, the record without fee.","sortOrder":41},{"sectionNumber":"sec.24","sectionType":"section","heading":"Return by CAA","content":"### sec.24 Return by CAA\n\nA CAA must, by the day prescribed by regulation for each year, give to the Minister a written return for the previous year (the previous year )—\ncontaining an audited statement of the amounts received by it under section 8 in the previous year, interest received on the amounts and the expenditure of the amounts; and\ncontaining an audited statement of its Capital Assistance Fund showing details of the amounts paid to and from the fund in the previous year and the financial position of the fund at the beginning and end of the previous year; and\ngiving the following details for each capital project for which the approved authority of an eligible non-State school listed with the CAA received or retained capital assistance in the previous year—\na description of the project;\nwhether or not the project was completed in the previous year;\nthe amount spent on the project as at the end of the previous year;\nthe amount, if any, held on account of the project at the end of the previous year;\nthe amounts, and sources of the amounts, used to fund the project; and\ncontaining an assessment of the scheme provided for by this Act including the effectiveness of the assessment criteria mentioned in sections 16 (1) (a) and 19 (1) (a) ; and\nstating any other information prescribed by regulation.\nThe audit mentioned in subsection (1) must be carried out by a person registered as an auditor under Part 9.2 of the Corporations Act and approved by the Minister.\ns 24 amd 2001 No. 45 s 29 sch 3 ; 2004 No. 44 s 17\n(sec.24-ssec.1) A CAA must, by the day prescribed by regulation for each year, give to the Minister a written return for the previous year (the previous year )— containing an audited statement of the amounts received by it under section 8 in the previous year, interest received on the amounts and the expenditure of the amounts; and containing an audited statement of its Capital Assistance Fund showing details of the amounts paid to and from the fund in the previous year and the financial position of the fund at the beginning and end of the previous year; and giving the following details for each capital project for which the approved authority of an eligible non-State school listed with the CAA received or retained capital assistance in the previous year— a description of the project; whether or not the project was completed in the previous year; the amount spent on the project as at the end of the previous year; the amount, if any, held on account of the project at the end of the previous year; the amounts, and sources of the amounts, used to fund the project; and containing an assessment of the scheme provided for by this Act including the effectiveness of the assessment criteria mentioned in sections 16 (1) (a) and 19 (1) (a) ; and stating any other information prescribed by regulation.\n(sec.24-ssec.2) The audit mentioned in subsection (1) must be carried out by a person registered as an auditor under Part 9.2 of the Corporations Act and approved by the Minister.\n- (a) containing an audited statement of the amounts received by it under section 8 in the previous year, interest received on the amounts and the expenditure of the amounts; and\n- (b) containing an audited statement of its Capital Assistance Fund showing details of the amounts paid to and from the fund in the previous year and the financial position of the fund at the beginning and end of the previous year; and\n- (c) giving the following details for each capital project for which the approved authority of an eligible non-State school listed with the CAA received or retained capital assistance in the previous year— (i) a description of the project; (ii) whether or not the project was completed in the previous year; (iii) the amount spent on the project as at the end of the previous year; (iv) the amount, if any, held on account of the project at the end of the previous year; (v) the amounts, and sources of the amounts, used to fund the project; and\n- (i) a description of the project;\n- (ii) whether or not the project was completed in the previous year;\n- (iii) the amount spent on the project as at the end of the previous year;\n- (iv) the amount, if any, held on account of the project at the end of the previous year;\n- (v) the amounts, and sources of the amounts, used to fund the project; and\n- (d) containing an assessment of the scheme provided for by this Act including the effectiveness of the assessment criteria mentioned in sections 16 (1) (a) and 19 (1) (a) ; and\n- (e) stating any other information prescribed by regulation.\n- (i) a description of the project;\n- (ii) whether or not the project was completed in the previous year;\n- (iii) the amount spent on the project as at the end of the previous year;\n- (iv) the amount, if any, held on account of the project at the end of the previous year;\n- (v) the amounts, and sources of the amounts, used to fund the project; and","sortOrder":42},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Power of entry","content":"### sec.24A Power of entry\n\nThis section applies if the Minister grants an application by the approved authority of an eligible non-State school for capital assistance for a proposed capital project for the school.\nA person (the nominated person ) nominated by the Minister, in writing, may enter the school at any reasonable time to inspect the capital project for which the application for capital assistance was granted.\nBefore entering the school, the nominated person must give the school’s principal reasonable notice that the nominated person intends to enter the school.\nBefore inspecting the capital project, the nominated person must produce to the school’s principal a copy of the nomination for the principal’s inspection.\ns 24A ins 2004 No. 44 s 18\n(sec.24A-ssec.1) This section applies if the Minister grants an application by the approved authority of an eligible non-State school for capital assistance for a proposed capital project for the school.\n(sec.24A-ssec.2) A person (the nominated person ) nominated by the Minister, in writing, may enter the school at any reasonable time to inspect the capital project for which the application for capital assistance was granted.\n(sec.24A-ssec.3) Before entering the school, the nominated person must give the school’s principal reasonable notice that the nominated person intends to enter the school.\n(sec.24A-ssec.4) Before inspecting the capital project, the nominated person must produce to the school’s principal a copy of the nomination for the principal’s inspection.","sortOrder":43},{"sectionNumber":"sec.24B","sectionType":"section","heading":"Guidelines","content":"### sec.24B Guidelines\n\nThe Minister may issue guidelines for this Act.\nWithout limiting subsection (1) , a guideline may give guidance about—\nadministrative matters relevant to applications under this Act; or\nhow an applicant should deal with issues involved in the proper formulation of the application; or\nhow funds will be allocated and paid to a CAA, and how a CAA may use the funds; or\nthe information to be kept by a CAA about capital projects for which applications for assistance have been granted.\nA guideline may be replaced or varied by a later guideline issued under this section.\nThe chief executive must keep a copy of a guideline, issued under this section, available for inspection and permit a person—\nto inspect the guideline without fee; and\nto take extracts from the guideline without fee.\nFor subsection (4) —\na copy of the guideline—\nmust be kept at the head office of the department; and\nmay be kept at any other place the chief executive considers appropriate; and\nthe copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\nAlso, the chief executive must keep a copy of a guideline, issued under this section, available for supply to a person and permit a person to obtain a copy of the guideline, or a part of the guideline, without fee.\nIn addition, the chief executive must keep a copy of a guideline, issued under this section, posted on the department’s website on the internet.\ns 24B ins 2004 No. 44 s 18\n(sec.24B-ssec.1) The Minister may issue guidelines for this Act.\n(sec.24B-ssec.2) Without limiting subsection (1) , a guideline may give guidance about— administrative matters relevant to applications under this Act; or how an applicant should deal with issues involved in the proper formulation of the application; or how funds will be allocated and paid to a CAA, and how a CAA may use the funds; or the information to be kept by a CAA about capital projects for which applications for assistance have been granted.\n(sec.24B-ssec.3) A guideline may be replaced or varied by a later guideline issued under this section.\n(sec.24B-ssec.4) The chief executive must keep a copy of a guideline, issued under this section, available for inspection and permit a person— to inspect the guideline without fee; and to take extracts from the guideline without fee.\n(sec.24B-ssec.5) For subsection (4) — a copy of the guideline— must be kept at the head office of the department; and may be kept at any other place the chief executive considers appropriate; and the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\n(sec.24B-ssec.6) Also, the chief executive must keep a copy of a guideline, issued under this section, available for supply to a person and permit a person to obtain a copy of the guideline, or a part of the guideline, without fee.\n(sec.24B-ssec.7) In addition, the chief executive must keep a copy of a guideline, issued under this section, posted on the department’s website on the internet.\n- (a) administrative matters relevant to applications under this Act; or\n- (b) how an applicant should deal with issues involved in the proper formulation of the application; or\n- (c) how funds will be allocated and paid to a CAA, and how a CAA may use the funds; or\n- (d) the information to be kept by a CAA about capital projects for which applications for assistance have been granted.\n- (a) to inspect the guideline without fee; and\n- (b) to take extracts from the guideline without fee.\n- (a) a copy of the guideline— (i) must be kept at the head office of the department; and (ii) may be kept at any other place the chief executive considers appropriate; and\n- (i) must be kept at the head office of the department; and\n- (ii) may be kept at any other place the chief executive considers appropriate; and\n- (b) the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office or place.\n- (i) must be kept at the head office of the department; and\n- (ii) may be kept at any other place the chief executive considers appropriate; and","sortOrder":44},{"sectionNumber":"sec.25","sectionType":"section","heading":"Regulations","content":"### sec.25 Regulations\n\nThe Governor in Council may make regulations for the purposes of this Act.","sortOrder":45},{"sectionNumber":"pt.7","sectionType":"part","heading":"Validating and transitional provisions","content":"# Validating and transitional provisions","sortOrder":46},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Validation of certain payments for Act No. 37 of 1993","content":"## Validation of certain payments for Act No. 37 of 1993","sortOrder":47},{"sectionNumber":"sec.26","sectionType":"section","heading":"Validation etc.","content":"### sec.26 Validation etc.\n\nAmounts paid before the commencement of this section in relation to non-State schools under the schemes known as the Interest Assistance to Non-State Schools Scheme and the Capital Assistance Scheme are taken to be, and always to have been, lawfully paid.\nThe Minister may continue to pay amounts under the schemes to meet commitments existing under the schemes at the commencement of this section.\nAn amount paid under subsection (2) may be increased by not more than the GST payable for a supply made by the recipient of the amount relating directly to the payment of the amount.\nAmounts mentioned in subsection (2), including the amounts as increased under subsection (2A), may be paid out of amounts appropriated by the Parliament for the purposes of this Act.\ns 26 amd 2000 No. 20 s 29 sch 3\n(sec.26-ssec.1) Amounts paid before the commencement of this section in relation to non-State schools under the schemes known as the Interest Assistance to Non-State Schools Scheme and the Capital Assistance Scheme are taken to be, and always to have been, lawfully paid.\n(sec.26-ssec.2) The Minister may continue to pay amounts under the schemes to meet commitments existing under the schemes at the commencement of this section.\n(sec.26-ssec.2A) An amount paid under subsection (2) may be increased by not more than the GST payable for a supply made by the recipient of the amount relating directly to the payment of the amount.\n(sec.26-ssec.3) Amounts mentioned in subsection (2), including the amounts as increased under subsection (2A), may be paid out of amounts appropriated by the Parliament for the purposes of this Act.","sortOrder":48},{"sectionNumber":"sec.27","sectionType":"section","heading":"Certain other parts do not apply","content":"### sec.27 Certain other parts do not apply\n\nParts 2 to 6 do not apply to an amount paid under section 26.\ns 27 amd 2001 No. 60 s 219 sch 2","sortOrder":49},{"sectionNumber":"pt.7-div.1A","sectionType":"division","heading":"Validation of other payments etc.","content":"## Validation of other payments etc.","sortOrder":50},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Capital project involving work of the type mentioned in section 4(3)","content":"### sec.27A Capital project involving work of the type mentioned in section 4(3)\n\nSubsection (2) applies if an amount was paid, before the commencement of this section, by a CAA to the approved authority of an eligible non-State school as capital assistance for a proposed capital project that involved work of the type mentioned in section 4(3) ( other works ).\nThe following is taken to be, and always to have been, lawfully granted, paid and used—\nthe grant of the application for capital assistance for the proposed capital project;\nthe payment of the amount;\nthe use of the amount for other works.\nSubsection (4) applies if, before the commencement of this section—\nthe Minister granted an application for capital assistance for a proposed capital project that involved other works; and\nthe capital assistance has not been provided.\nThe application is taken to have been lawfully granted and provision of the capital assistance may be made under section 22.\ns 27A ins 2001 No. 60 s 219 sch 2\n(sec.27A-ssec.1) Subsection (2) applies if an amount was paid, before the commencement of this section, by a CAA to the approved authority of an eligible non-State school as capital assistance for a proposed capital project that involved work of the type mentioned in section 4(3) ( other works ).\n(sec.27A-ssec.2) The following is taken to be, and always to have been, lawfully granted, paid and used— the grant of the application for capital assistance for the proposed capital project; the payment of the amount; the use of the amount for other works.\n(sec.27A-ssec.3) Subsection (4) applies if, before the commencement of this section— the Minister granted an application for capital assistance for a proposed capital project that involved other works; and the capital assistance has not been provided.\n(sec.27A-ssec.4) The application is taken to have been lawfully granted and provision of the capital assistance may be made under section 22.\n- (a) the grant of the application for capital assistance for the proposed capital project;\n- (b) the payment of the amount;\n- (c) the use of the amount for other works.\n- (a) the Minister granted an application for capital assistance for a proposed capital project that involved other works; and\n- (b) the capital assistance has not been provided.","sortOrder":51},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provisions for Education and Other Legislation Amendment Act 1999","content":"## Transitional provisions for Education and Other Legislation Amendment Act 1999","sortOrder":52},{"sectionNumber":"sec.28","sectionType":"section","heading":"References to affiliation with a CAA","content":"### sec.28 References to affiliation with a CAA\n\nA non-State school affiliated with a CAA immediately before the commencement of this section is taken to be listed with the CAA.\nIf a non-State school applied to the Minister to change its affiliation from one CAA to another CAA and the Minister had not made a decision about the application before the commencement of this section, the application may be dealt with by the Minister as an application to change the school’s listing.\ns 28 ins 1999 No. 81 s 14\n(sec.28-ssec.1) A non-State school affiliated with a CAA immediately before the commencement of this section is taken to be listed with the CAA.\n(sec.28-ssec.2) If a non-State school applied to the Minister to change its affiliation from one CAA to another CAA and the Minister had not made a decision about the application before the commencement of this section, the application may be dealt with by the Minister as an application to change the school’s listing.","sortOrder":53},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Transitional provision for Education Legislation Amendment Act 2004","content":"## Transitional provision for Education Legislation Amendment Act 2004","sortOrder":54},{"sectionNumber":"sec.29","sectionType":"section","heading":"Sections 22(2)(c) and 22A to 22E not applicable to pre-existing capital assistance","content":"### sec.29 Sections 22(2)(c) and 22A to 22E not applicable to pre-existing capital assistance\n\nThis section applies if—\nbefore the commencement, the Minister has granted an application by the approved authority of an eligible non-State school for capital assistance for a proposed capital project; and\nimmediately before the commencement, the CAA with which the school is listed has not, under section 22, provided the approved authority with the amount granted for the project.\nOn the commencement, section 22 continues to apply to the payment of the amount by the CAA to the approved authority as if section 22(2)(c) had not commenced and sections 22A to 22E do not apply to the payment.\nIn this section—\ncommencement means commencement of this section.\ns 29 ins 2004 No. 44 s 19\n(sec.29-ssec.1) This section applies if— before the commencement, the Minister has granted an application by the approved authority of an eligible non-State school for capital assistance for a proposed capital project; and immediately before the commencement, the CAA with which the school is listed has not, under section 22, provided the approved authority with the amount granted for the project.\n(sec.29-ssec.2) On the commencement, section 22 continues to apply to the payment of the amount by the CAA to the approved authority as if section 22(2)(c) had not commenced and sections 22A to 22E do not apply to the payment.\n(sec.29-ssec.3) In this section— commencement means commencement of this section.\n- (a) before the commencement, the Minister has granted an application by the approved authority of an eligible non-State school for capital assistance for a proposed capital project; and\n- (b) immediately before the commencement, the CAA with which the school is listed has not, under section 22, provided the approved authority with the amount granted for the project.","sortOrder":55},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Transitional provision for Education (General Provisions) Amendment Act 2025","content":"## Transitional provision for Education (General Provisions) Amendment Act 2025","sortOrder":56},{"sectionNumber":"sec.30","sectionType":"section","heading":"CAA nominated by Queensland Catholic Education Commission","content":"### sec.30 CAA nominated by Queensland Catholic Education Commission\n\nThis section applies to a CAA if—\nbefore the commencement, the CAA was nominated under former section 7(1); and\nimmediately before the commencement, the nomination was still in effect.\nFrom the commencement, the CAA is taken to have been nominated under new section 7(1).\nIn this section—\nformer section 7(1) means section 7(1) as in force from time to time before the commencement.\nnew section 7(1) means section 7(1) as in force from the commencement.\ns 30 ins 2025 No. 24 s 39ZE\n(sec.30-ssec.1) This section applies to a CAA if— before the commencement, the CAA was nominated under former section 7(1); and immediately before the commencement, the nomination was still in effect.\n(sec.30-ssec.2) From the commencement, the CAA is taken to have been nominated under new section 7(1).\n(sec.30-ssec.3) In this section— former section 7(1) means section 7(1) as in force from time to time before the commencement. new section 7(1) means section 7(1) as in force from the commencement.\n- (a) before the commencement, the CAA was nominated under former section 7(1); and\n- (b) immediately before the commencement, the nomination was still in effect.","sortOrder":57}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.3 (definition of CAA) / sec.7","severity":"low","reasoning":"The definition of CAA in s.3 refers to s.7, which itself uses the concept of a CAA to describe what is being created. The Act depends on CAAs for virtually every operative provision, yet the definition is contingent on ministerial acceptability with no default fallback if no nomination is ever made or accepted.","confidence":0.6,"description":"Circular definition: A 'CAA' is defined as 'a corporation whose nomination under section 7 is acceptable to the Minister', but section 7 defines which bodies may nominate a corporation to be a 'capital assistance authority'. The term 'CAA' is used throughout the Act before the nomination/acceptability mechanism can logically apply, creating a bootstrapping problem — a CAA cannot exist until nominated and accepted, yet the definition presupposes the process is self-executing."},{"type":"impossible_compliance","section":"sec.10(1)","severity":"medium","reasoning":"A statutory obligation without any enforcement mechanism or consequence for non-compliance is legally meaningless. The Act provides no pathway to compel listing, no penalty for failure to list, and no consequence for a school that ignores this obligation. It reads as aspirational rather than operative.","confidence":0.75,"description":"Section 10(1) imposes a responsibility on each non-State school to 'become listed with a CAA', but provides no mechanism, deadline, process, or consequence for non-compliance. There is no enforcement provision, penalty, or procedure prescribed for a school that fails to list. The 'responsibility' is legally hollow."},{"type":"impossible_compliance","section":"sec.14(4)","severity":"high","reasoning":"Section 14(4) prohibits commencement of work before ministerial grant of assistance. Section 22(2)(b) conditions payment on 25% completion. The school must therefore: (1) not start work until granted, (2) then start and complete 25% before receiving any funds. For projects requiring significant upfront expenditure this is deeply problematic. Worse, a school that starts work to reach 25% completion, having received the grant, is not in breach of s.14(4) — but the sequencing is bizarre and creates cashflow impossibilities. The real flaw is that 25% completion must occur after the grant but before payment, meaning the school must self-fund 25% of a potentially large capital project before receiving any government assistance.","confidence":0.82,"description":"Section 14(4) prohibits capital assistance for a project where a contract has been entered into or site/building work has started before the Minister grants the application. However, section 22(2)(b) requires that 'at least 25% of the value of the works relating to the project has been completed' before the CAA can provide payment. These two provisions create an impossible compliance scenario: work must not start before the grant, yet 25% completion is required before payment — for smaller projects or where approvals are slow, this creates a practical impossibility or coerces non-compliance with s.14(4)."},{"type":"other","section":"sec.22B(1)","severity":"high","reasoning":"The legislative text in s.22B(1) contains what appears to be an explanatory or conditional clause that has been inserted without proper grammatical integration. The phrase about 25% completion floats in the subsection without connecting language ('because', 'if', 'where'). This creates genuine ambiguity about when an extension of time may be sought and on what grounds.","confidence":0.88,"description":"Section 22B(1) contains an apparent drafting fragment: the subsection begins describing when an approved authority 'can not make an initial application before the due day' and then, mid-subsection, contains a standalone phrase 'at least 25% of the value of the works relating to the project has not been completed in accordance with section 22(2)(b)' that is not syntactically connected to the surrounding text. This orphaned clause is legally incoherent — it is unclear whether it is a condition, a reason, or a separate requirement."},{"type":"other","section":"sec.11(1) / sec.11(2)","severity":"medium","reasoning":"The use of 'the other CAA' in s.11 presupposes a binary, static CAA universe. If one CAA ceases to exist, has its nomination withdrawn, or never nominates a corporation, the change-of-listing mechanism becomes inoperable. The Act does not address this contingency.","confidence":0.78,"description":"Section 11(1) refers to changing listing 'from one CAA to the other CAA', implying there are only ever exactly two CAAs. Section 7 allows Catholic Education Queensland Ltd and the Association of Independent Schools of Queensland Inc. each to nominate a corporation — so there could be two nominated CAAs, or theoretically one or none. The definite article 'the other CAA' presupposes there are always exactly two active CAAs, which is not guaranteed by the Act."},{"type":"impossible_compliance","section":"sec.22E(2)","severity":"high","reasoning":"The revocation/re-application cycle is self-defeating. A school whose grant is revoked under s.22E (because it failed to make an initial payment application in time) will have either started work or entered contracts in anticipation of the now-revoked grant. A fresh application under s.15 will be blocked by s.14(4) because work or contracts predate the new ministerial grant. The Act provides no carve-out for this scenario.","confidence":0.8,"description":"Upon revocation of an original grant under s.22E, the school must make 'a fresh application under section 15'. However, s.14(4) prohibits capital assistance for a project where a contract has been entered into or work has started before the Minister grants the new application. If the school commenced work relying on the original grant (which was valid at the time), a fresh application cannot succeed because work has already started — effectively making it impossible for the school to ever receive assistance for that project."},{"type":"other","section":"sec.12(6) / sec.22F(5)","severity":"low","reasoning":"The multiple pathways for interest (s.8 interest → administrative costs OR capital assistance; s.12 fund interest → only capital assistance) create a tracking burden that is not clearly mandated, and the cross-references between s.12(6) and s.22F(5) are not cleanly reconciled. This is more of a structural inelegance than a true contradiction.","confidence":0.55,"description":"Section 12(6) states that 'amounts standing to the credit of a CAA's Capital Assistance Fund may be used by the CAA only to provide capital assistance.' Section 22F(5) permits the CAA to provide additional capital assistance from interest earned (s.12(2)(b) and (d)) and from amounts not required to be paid. Interest from the fund (s.12(2)(d)) is itself an amount in the fund subject to s.12(6), so its use for additional capital assistance is consistent — however, s.12(2)(b) refers to interest from s.8 (administrative funding), which flows through to the Capital Assistance Fund only if directed there. The interaction creates a complex chain that is internally consistent but poorly structured, with interest income subject to different rules depending on its origin."}],"contradictions":[{"severity":"high","section_a":"sec.14(4)","section_b":"sec.22(2)(b)","confidence":0.8,"description":"Section 14(4) prohibits capital assistance where a contract has been entered into or work has started before the Minister grants the application. Section 22(2)(b) conditions payment of the granted amount on at least 25% of the value of works being completed. These provisions directly conflict: a school cannot lawfully start work or contracts before the grant (s.14(4)), yet must reach 25% completion before payment is released (s.22(2)(b)). While work after the grant is permissible, the 25% threshold may require a school to self-fund substantial works before receiving any funds — and if works are commenced under a contract entered post-grant, s.14(4) is satisfied, but the practical tension between no-work-before-grant and 25%-before-payment creates an operational contradiction for schools without independent capital."},{"severity":"high","section_a":"sec.22E(2)","section_b":"sec.14(4)","confidence":0.82,"description":"Section 22E(2) requires a fresh application under s.15 if an original grant is revoked. Section 14(4) prohibits assistance where a contract or work predates the ministerial grant of any application. A school whose grant is revoked will almost certainly have entered contracts or commenced work in reliance on the original grant, making it legally impossible for a fresh application to succeed under s.14(4)."},{"severity":"medium","section_a":"sec.15(1)","section_b":"sec.15(2)","confidence":0.65,"description":"Section 15(1) states an application must be made 'before the relevant day'. Section 15(2) states that 'despite subsection (1)', an application may be made after the relevant day if the CAA considers there are exceptional circumstances. The 'despite' construction is standard, but the Act does not define 'exceptional circumstances' or provide any review mechanism if the CAA refuses to recognise exceptional circumstances — leaving an applicant with no recourse if the CAA unreasonably declines to invoke s.15(2). This is not a direct textual contradiction but creates an inconsistency between the apparent right to apply out of time and the unreviewable gatekeeping role of the CAA."},{"severity":"medium","section_a":"sec.17(2)","section_b":"sec.17(1)","confidence":0.7,"description":"Section 17(1) states the Minister 'may' grant or refuse the application. Section 17(2) states the Minister 'may have regard solely or principally to the CAA's recommendation'. Read together, these provisions permit the Minister to ignore all statutory criteria and decide solely on the CAA's recommendation — yet the CAA is itself required by s.16 to assess against prescribed regulatory criteria. The Minister can effectively nullify the prescribed assessment criteria by relying solely on the recommendation without independently verifying the criteria were applied, creating an accountability gap between the criteria-based assessment obligation and the Minister's unconstrained discretion."},{"severity":"medium","section_a":"sec.10(4)","section_b":"sec.11(1)","confidence":0.72,"description":"Section 10(4) provides that a non-State school 'may be listed with only 1 CAA'. Section 11(1) allows a school to change its listing from 'one CAA to the other CAA'. Section 11 refers to only two CAAs as if the universe of CAAs is fixed and binary. If in the future only one CAA existed (because one ceased operations or no nomination was made), s.10(4) would be satisfied by default but s.11 would be inoperable — the Act makes no provision for this contingency, and the mandatory 'only 1 CAA' constraint in s.10(4) could trap a school with a defunct CAA."}]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1993 scope. Originally focused on basic capital assistance, it has expanded to include: (1) detailed validation provisions for past payments under old schemes (Interest Assistance Scheme); (2) specific provisions for 'other works' including bus shelters, local government payments, and environmental protection; (3) complex timing and extension mechanisms for applications (sections 22A-22E added 2004); (4) additional capital assistance provisions allowing up to 10% extra funding; (5) inspection and entry powers; (6) comprehensive guideline-making powers; and (7) GST adjustment provisions. The 2025 amendments also updated the specific nominating bodies for CAAs, showing continued evolution."},"complexity_factors":["Multiple defined terms (12+ definitions in section 3 alone, including nested definitions like 'eligible non-State school' which depends on other Acts)","Extensive cross-referencing to other Queensland education legislation (Education (Accreditation of Non-State Schools) Act 2017, Education (General Provisions) Act 2006)","Conditional logic with multiple exceptions (section 14 has prohibitions with exceptions to those prohibitions, e.g., boarding facilities exemption)","Multi-layered application process involving both CAAs and Ministerial approval with specific timing requirements","Transitional provisions spanning multiple amendment Acts (1999, 2004, 2025) with validation of past payments","Specific financial controls including fund establishment, interest handling, and audit requirements","Nested subsections with up to 5 levels of indentation in some provisions (e.g., section 24)","Multiple amendment history notes throughout indicating evolutionary complexity"],"plain_english_summary":"This Queensland law sets up a system for giving government money to non-State schools (private and Catholic schools) to help pay for building and upgrading their facilities.\n\n**Who it affects:**\n- **Non-State schools** in Queensland that are accredited and eligible for government funding\n- **Two \"Capital Assistance Authorities\" (CAAs)** — one representing Catholic schools (Catholic Education Queensland Ltd) and one representing independent schools (The Association of Independent Schools of Queensland Inc.)\n- The **Minister for Education**, who makes final decisions on funding\n\n**What it does:**\n- **Establishes a funding scheme** where the government provides money to CAAs, who then distribute it to schools for building projects (called \"capital projects\")\n- **Defines what counts as a capital project:** Building or upgrading classrooms, boarding facilities, teacher housing in remote areas, IT equipment, air-conditioning, bus shelters, and even payments to local councils for things like water connections\n- **Sets up a two-step application process:** Schools apply to their CAA, which assesses the application and recommends it to the Minister. The Minister decides whether to approve full funding, partial funding, or no funding\n- **Creates Capital Assistance Funds:** Each CAA must keep the government money in a separate fund, earn interest on it, and only use it for school building projects\n- **Restricts what can be funded:** No money for buying land, building churches, or facilities that State schools don't have (with some exceptions for boarding facilities)\n- **Includes safeguards:** Schools must have a written agreement with their CAA, complete at least 25% of the work before getting paid, and meet deadlines or risk losing the grant\n- **Allows for additional funding:** CAAs can give schools up to 10% extra if project costs unexpectedly increase\n\n**Why it matters:**\nThis law ensures that non-State schools can access government funding for infrastructure while maintaining accountability. It prevents misuse of public money by requiring ministerial approval, written agreements, and progress checks before funds are released."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s core purpose — to provide capital assistance for non‑State school building projects — remains unchanged. However, subsequent additions and amendments have materially broadened the operational and substantive reach: (1) detailed allowable ancillary works were added (s 4(3)) so grants can cover related local government payments and off‑site set‑down infrastructure; (2) administration and oversight were formalised with the Capital Assistance Fund rules, audit and reporting obligations (ss 12, 24) and inspection powers (ss 23, 24A); and (3) procedural controls and timing mechanisms (due days, extensions, revocations, 25% completion requirement) were introduced (ss 21A, 22–22E). These changes expand how and for what grants may be used and add governance layers, so while the statutory purpose is stable, the practical scope and administrative complexity of the scheme have increased (see ss 4, 12, 22, 24)."},"complexity_factors":["Multiple interlocking actors: Minister, two nominated CAAs, individual school approved authorities (ss 7–11, 16–17)","Cross-references to multiple other Acts (Education (Accreditation of Non-State Schools) Act 2017; Education (General Provisions) Act 2006) increasing interpretive steps (s 3 definitions)","Defined list of eligible works with several sub-items and examples, and exceptions (s 4 and s 14)","Procedural timing rules with extensions, due days and revocation mechanisms (ss 21A, 22A–22E)","Funds governance and accounting obligations including separate fund deposits, audit and annual return requirements (ss 12, 24)","Discretionary decision points (Minister may accept/reject nominees, approve projects, extensions, and rely on CAA recommendations) (ss 7, 4(2), 17, 22D)","Regulation and guideline making powers that delegate detailed criteria and days to secondary instruments (ss 12A, 16, 24B, 25)","Transitional and validating provisions from multiple historical amendments adding legacy rules to interpret (Part 7)"],"plain_english_summary":"**What this law does, in simple terms**\n\n- Mechanically, the Act creates a system by which the State provides money to non‑State (private) schools for capital projects (building and related works). The Minister may allocate funds to two nominated bodies called Capital Assistance Authorities (CAAs) (see s 7 and s 13). The CAAs hold those funds in a dedicated Capital Assistance Fund and make payments to eligible non‑State schools listed with them once conditions are met (see ss 12 and 22).\n\n- Who it affects:\n  - Eligible non‑State schools (schools accredited and eligible for government funding under the Education (Accreditation of Non‑State Schools) Act 2017) — they must be listed with one CAA to participate (s 3 definition; s 10).\n  - The CAAs (nominated corporations) — they assess applications, hold and disburse funds, keep records and report to the Minister (ss 7–9, 12, 24).\n  - The Minister and department officials — the Minister decides grants, approves CAAs and issues guidelines (ss 7, 17, 22D, 24B).\n  - Local governments and contractors are indirectly affected by permitted works and conditions (see s 4(3)).\n\n- Key mechanical rules and stages:\n  - Only two organisations may nominate CAAs (current text identifies the nominators; s 7). A school may be listed with only one CAA at a time; changing requires Ministerial approval (ss 7, 10, 11).\n  - Eligible capital projects are defined in s 4: educational facilities, boarding facilities (including accommodation for supervisors), and, with Ministerial approval, teacher residences in remote areas (s 4(1)–(2)). The definition expressly allows some ancillary items: furniture/equipment integral to the facility, ICT/air‑conditioning, required local‑government works, bus‑stop / set‑down infrastructure off school land, payments to local government (s 4(3)).\n  - Some projects cannot be funded: land purchase, facilities whose sole/principal purpose is religious worship, or facility types not provided in State schools (with limited exceptions for boarding on school grounds or Ministerial approval) (s 14).\n  - Application process: schools apply through their CAA by a notified deadline (s 15). The CAA assesses against published criteria and other applications and recommends to the Minister (s 16). The Minister decides and may rely principally on the CAA recommendation (s 17).\n  - Payment triggers: after Minister grants an application, the CAA must not pay until there is a Minister‑approved written agreement, at least 25% of the works’ value is completed, and the school makes an initial application for payment before a statutory due day (ss 22, 21A, 22A). There are provisions for extensions, reviews and revocation if time limits lapse (ss 22B–22E).\n  - CAAs may top up a grant by up to 10% from certain Fund balances if unforeseeable cost variations arise (s 22F).\n  - Oversight and transparency: CAAs must keep funds separate, deposit with approved institutions, permit inspection by Minister‑approved inspectors, supply annual audited returns to the Minister, and be subject to Ministerial guidelines and regulations (ss 12, 23, 24, 24A, 24B, 25).\n\n- Official purpose claims and practical implications\n  - The Act’s stated purpose (from its structure) is to channel public capital assistance efficiently through CAAs to eligible non‑State schools for specific building projects. The instrument centralises assessment through CAAs and final decision‑making with the Minister (ss 9, 16–17).\n  - Testing that claim against trade‑offs and costs:\n    - Who pays: the State pays from parliamentary appropriations (s 13). That is a concentrated set of benefits (schools that get grants) paid from a diffuse public budget.\n    - Who decides: CAAs do front‑line assessment and administration, but the Minister retains decisive discretion to accept recommendations or refuse (ss 16–17). This mixes delegated administration with central oversight and creates implementation risk where Ministerial decisions or delays can affect projects.\n    - Compliance burden: schools must list with a single CAA, apply through that CAA, meet documentation and timing requirements, enter an approved agreement and show 25% completion before payment (ss 10, 15, 22). CAAs must keep separate funds, obtain audits by registered auditors and submit detailed annual returns (ss 12, 24). These are measurable administrative costs for both schools and CAAs.\n    - Market/competition effects: schools may only deal with one of the two CAAs (s 10), which concentrates the administrative gateway. That reduces the number of administrators and may lower transaction costs, but also concentrates influence and creates potential for negotiated outcomes tied to CAA practices (see ss 7–11).\n    - Limits on funded activity: prohibition on buying land and on funding facilities whose principal purpose is religious worship (s 14) protects the State from funding certain private asset accumulation or religious worship spaces; schools must therefore fund those items themselves or seek alternative financing. Allowing certain local‑government payments and external infrastructure (s 4(3)(b)–(c)) broadens what grant money can support, shifting some local‑public costs onto the scheme.\n    - Fiscal control and safeguards: requirements for capital funds to be held on behalf of the State (s 12(5)), audit and reporting (s 24), and inspection powers (s 23, 24A) are compliance controls that reduce misuse risk but add administrative costs.\n\n- Discretion, risks and likely behavioural effects\n  - Ministerial discretion is significant (approval of CAAs, project approvals for teacher accommodation, final grant decisions and extensions) and may produce variable outcomes across projects and years (ss 7, 4(2), 17, 22D). The Act relies on CAAs to filter applications, but the Minister can override or rely solely on CAA recommendations (s 17(2)).\n  - Schools will structure project timing to meet the 25% completion rule and due‑day deadlines to secure payment (ss 22, 21A). The prohibition on prior contracting or starting work before a grant is granted (s 14(4)) creates sequencing constraints.\n\n- Operational levers for users\n  - Schools: must be accredited and listed, apply through their CAA, provide prescribed information and meet timeframes (ss 3, 10, 15, 22A).\n  - CAAs: must establish funds, deposit them appropriately, assess and recommend applications, pay approved grants, report annually and permit inspections (ss 9, 12, 16, 24).\n  - Minister/department: sets available amounts, approves forms and guidelines, approves nominees and final decisions (ss 13, 21, 24B).\n\nOverall, the Act builds a controlled grant pipeline: public money flows to private schools for defined capital works through two nominated administering bodies, subject to document, timing and oversight conditions (see ss 4, 7, 12, 16, 22, 24)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded modestly from its original 1993 form. The definition of 'capital project' was broadened over time to include items such as IT and air-conditioning installation, bus stops and shelters outside school grounds, local government compliance costs, and water/sewerage contributions. The payment process was also significantly tightened in 2004 with the introduction of formal due-day deadlines, extension applications, automatic revocation of lapsed grants, and the new 10% top-up mechanism — adding procedural complexity not present in the original Act. The 2025 amendment updated the nominating Catholic body's name without changing substantive scope."},"complexity_factors":["Multi-layered administrative process involving three parties (school, CAA, Minister) for each funding decision","Multiple defined terms with technical meanings (CAA, capital project, due day, initial application, eligible non-State school) that interact throughout the Act","Strict timing and sequencing requirements — deadlines, due days, extension processes, and revocation triggers create a complex procedural chain","Funding restrictions require cross-referencing multiple sections and other Acts (Education (Accreditation of Non-State Schools) Act 2017, Education (General Provisions) Act 2006, Corporations Act)","Several layers of validating and transitional provisions across multiple amendment periods (1999, 2001, 2004, 2025) that modify how older grants are treated","Financial management obligations (separate funds, auditing requirements, deposit rules, interest handling) add regulatory complexity","The 25% completion threshold before payment triggers, combined with the 2-year due day and extension mechanism, creates a nuanced payment eligibility framework","The 10% additional capital assistance mechanism (section 22F) adds a supplementary funding stream with its own eligibility conditions and source restrictions"],"plain_english_summary":"This law creates a structured system for the Queensland Government to provide capital assistance to eligible non‑government schools (Catholic and independent) for building, upgrading and certain boarding/remote teacher housing projects. Two peak bodies act as Capital Assistance Authorities to assess applications and handle a dedicated Capital Assistance Fund, the Minister makes final approvals, and rules limit uses (no land or mainly‑worship buildings), require work not start pre‑approval, impose timelines, and include financial reporting and inspection safeguards."}},"importantCases":[],"_links":{"self":"/api/acts/education-capital-assistance-act-1993","history":"/api/acts/education-capital-assistance-act-1993/history","analysis":"/api/acts/education-capital-assistance-act-1993/analysis","conflicts":"/api/acts/education-capital-assistance-act-1993/conflicts","importantCases":"/api/acts/education-capital-assistance-act-1993/important-cases","documents":"/api/acts/education-capital-assistance-act-1993/documents"}}