{"id":"C2004A01986","name":"States Grants (Schools Assistance) Act 1978","slug":"states-grants-schools-assistance-act-1978","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"187 of 1978","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6665,"registerId":"commonwealth-C2004A01986-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"States Grants (Schools Assistance) Act 1978","content":"STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978\n\nNo. 187 of 1978\n\nAn Act relating to the grant of financial assistance to the States for and in relation to schools.\n\nBE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:\n\nPART I—PRELIMINARY\n\nShort title\n\n1. This Act may be cited as the States Grants (Schools Assistance) Act 1978.\n\nCommencement\n\n2. This Act shall come into operation on the day on which it receives the Royal Assent.\n\nInterpretation\n\n3. (1) In this Act, unless the contrary intention appears—\n\n“approved authority”, in relation to an approved school system or in relation to a non-government school, means such person or body as the Minister declares to be the approved authority of that school system or of that school, as the case may be, for the purposes of this Act;\n\n“approved education centre” means an education centre approved by the Minister under sub-section 4(6);\n\n“approved school system” means a school system in a State, or in a part of a State, that consists of non-government schools and that the Minister declares to be an approved school system for the purposes of this Act;\n\n“approved service and development activities” means—\n\n(a) in-service teacher training;\n\n(b) inquiries into the feasibility of providing support services for government schools and non-government schools in a State, or the planning of such support services; or\n\n(c) activities the purpose of which is to improve communication and understanding between teachers at government schools and teachers at non-government schools in a State, other persons employed at, or associated with the administration of, those schools, and students, and parents of students, at, and other members of the community interested in education at, those schools;\n\n“building” includes part of a building;\n\n“building project” includes—\n\n(a) the investigation of the need for—\n\n(i) schools, or schools of particular kinds, in a State or a part of a State; or\n\n(ii) a building or other facilities;\n\n(b) the purchase of land, with or without buildings;\n\n(c) the planning, erection, alteration or extension of a building or other facilities;\n\n(d) the development or preparation of land for building or other purposes; and\n\n(e) the installation of water, electricity or other services;\n\n“certificate by an authorized person”, in relation to a condition contained in a section of this Act that requires a certificate to be furnished by a State to the Commonwealth Education Minister, means a certificate signed by the person authorized by the State Education Minister for the State to sign that certificate;\n\n“certificate by a qualified accountant” means a certificate signed by–\n\n(a) a person who is registered as a company auditor or a public accountant under a law of a State or Territory;\n\n(b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or\n\n(c) a person approved by the Minister as a qualified accountant for the purposes of this Act;\n\n“child” includes young person;\n\n“commencing day” means the day on which this Act receives the Royal Assent;\n\n“Commonwealth Education Minister” means the Minister;\n\n“disadvantaged country area” means an area that the Minister declares, under sub-section 4 (4), to be a disadvantaged country area for the purposes of this Act;\n\n“disadvantaged school” means—\n\n(a) a government school in a State that the State Education Minister for the State notifies the Commonwealth Education Minister, under sub-section 4 (1), is a school that should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act; or\n\n(b) a non-government school in a State that the Minister declares, under sub-section 4 (2), to be a disadvantaged school for the purposes of this Act;\n\n“education centre” means a body corporate, or a body of persons that the Minister is satisfied will, during the year to which this Act applies, become a body corporate—\n\n(a) the members, or a majority of the members, of the governing body of which are persons employed as teachers at government schools or non-government schools;\n\n(b) the sole or principal object of which is to improve the professional competence of teachers by methods that include the provision of in-service teacher training; and\n\n(c) which is not conducted for the profit, direct or indirect, of an individual or individuals;\n\n“equipment project” means a project for or in relation to the provision of equipment, library material or furniture;\n\n“government disadvantaged school” means a government primary school, or a government secondary school, that is a disadvantaged school;\n\n“government primary school” means—\n\n(a) a government school at which primary education is provided or a proposed government school at which primary education is to be provided; or\n\n(b) in the case of a government school at which primary education, and also education other than primary education, are provided—that school in so far as it provides primary education;\n\n“government school” means a school in a State that is conducted, or proposed to be conducted, by or on behalf of the Government of the State;\n\n“government secondary school” means—\n\n(a) a government school at which secondary education is provided or a proposed government school at which secondary education is to be provided; or\n\n(b) in the case of a government school at which secondary education, and also education other than secondary education, are provided—that school in so far as it provides secondary education;\n\n“government special school” means a government school that is a special school;\n\n“in-service teacher training” means teacher training of persons in employment as teachers at government schools or non\\-government schools;\n\n“library material” includes books, periodicals, newspapers, films, sound recordings, musical scores, maps, plans, pictures, photographs and prints;\n\n“migrant education” means the provision of special educational programs and facilities, and the adaptation of educational programs and facilities, for the purpose of meeting the special educational needs of migrant children and the children of migrants and, in particular, for the purpose of teaching the English language to such children and also providing education for such children and other children that takes account of the various cultures of peoples in countries from which persons have migrated to Australia;\n\n“multicultural education” means the provision of special educational programs and facilities for the purpose of teaching languages (other than the English language) spoken in overseas countries to students receiving primary education or secondary education at government schools or non-government schools and also providing education for such students that takes account of the various cultures of peoples in overseas countries;\n\n“non-government disadvantaged school” means a school that is a systemic disadvantaged school or a non-systemic disadvantaged school;\n\n“ non-government primary school” means—\n\n(a) a non-government school in a State at which primary education is provided or a proposed non-government school in a State at which primary education is to be provided; or\n\n(b) in the case of a non-government school at which primary education, and also education other than primary education, are provided—that school in so far as it provides primary education;\n\n“non-government school” means a school in a State that is not conducted, or proposed to be conducted, by or on behalf of the Government of the State, but does not include a school conducted, or proposed to be conducted, for the profit, direct or indirect, of an individual or individuals;\n\n“non-government secondary school” means—\n\n(a) a non-government school in a State at which secondary education is provided or a proposed non-government school in a State at which secondary education is to be provided; or\n\n(b) in the case of a non-government school at which secondary education, and also education other than secondary education, are provided—that school in so far as it provides secondary education;\n\n“non-government special school” means a non-government school that is a special school;\n\n“non-systemic disadvantaged school” means a non-systemic school that is a disadvantaged school;\n\n“non-systemic school” means a non-government primary school, or a non-government secondary school, that is not a systemic school;\n\n“previous schools assistance Act” means the States Grants (Schools Assistance) Act 1977 or any other Act that came into operation before the commencing day and provided, or provides, for the granting of financial assistance to the States in relation to schools;\n\n“primary education”, in relation to a non-government school in a State, means education of a kind similar to that provided for students at government primary schools in the State;\n\n“recurrent expenditure” means expenditure other than capital expenditure;\n\n“residential institution” means an institution or home in a State that (whether or not it is an institution or home at which primary or secondary education is also provided) provides residential care for children and is conducted for welfare, correctional or similar purposes, being an institution or home that the Commonwealth Education Minister, having regard to any advice furnished to him by the State Education Minister for the State in relation to the institution or home, declares to be a residential institution for the purposes of this Act;\n\n“school” includes a proposed school, or an institution or proposed institution similar to a school, but does not include—\n\n(a) a school or institution at which education is provided at a standard (however described) that is pre-school standard only or a proposed school or institution at which it is proposed that education be provided at a standard (however described) that is pre-school standard only; or\n\n(b) where the State Education Minister for a State notifies the Commonwealth Education Minister that a specified school or institution in the State is not recognized by the State Education Minister as a school and the Commonwealth Education Minister does not approve the school or institution as a school for the purposes of this Act—that school or institution;\n\n  \n\n“school in need of short-term emergency assistance” means a school that the Minister declares, under sub-section 4(5), to be a school in need of short-term emergency assistance for the purposes of this Act;\n\n“schools census date”, in relation to a State, means the date in the year to which this Act applies as at which the Australian Statistician compiles statistics in relation to the numbers of students in schools in the State;\n\n“Schools Commission” means the Schools Commission established by the Schools Commission Act 1973;\n\n“secondary education”, in relation to a non-government school in a State, means education of a kind similar to that provided for students at government secondary schools in the State;\n\n“special school” means a school, or proposed school, in a State (whether or not it is a school or institution at which primary education or secondary education is provided or proposed to be provided)—\n\n(a) at which special education is provided, or proposed to be provided, for handicapped children; and\n\n(b) that the State Education Minister for the State notifies the Commonwealth Education Minister should, in the opinion of the State Education Minister, be treated as a special school for the purposes of this Act,\n\nor, in the case of such a school at which special education for handicapped children, and also education other than special education for handicapped children, are provided or proposed to be provided, that school in so far as it provides or proposes to provide special education for handicapped children;\n\n“State Education Minister”, in relation to a State, means the Minister of State for the State who is responsible, or principally responsible, for the administration of matters relating to primary education and secondary education in the State;\n\n“student” means a full-time student;\n\n“systemic disadvantaged school” means a systemic school that is a disadvantaged school;\n\n“systemic school” means a non-government primary school, or a non-government secondary school, that is included in an approved school system and that the Minister declares to be a systemic school for the purposes of this Act;\n\n“year to which this Act applies” means the year commencing on 1 January 1979.\n\n(2) A reference in this Act to primary education or secondary education shall, in relation to students who, by reason of their being handicapped children, require special educational treatment, be read as including a reference to education that the Minister declares to be education of a kind that should be treated as primary education or secondary education, as the case may be, for the purposes of this Act.\n\n(3) A reference in this Act to a building project shall, except where the context otherwise requires, be read as including a reference to a project that is in part a building project and in part an equipment project.\n\n(4) Unless the contrary intention appears—\n\n(a) references in this Act to government primary schools and to government secondary schools shall not be taken, by reason of the express references in this Act to government disadvantaged schools, government special schools and residential institutions, as not including references to disadvantaged schools, special schools and residential institutions that are government primary schools or government secondary schools;\n\n(b) references in this Act to non-government primary schools and to non-government secondary schools shall not be taken, by reason of the express references in this Act to non-government disadvantaged schools, non-government special schools and residential institutions, as not including references to disadvantaged schools, special schools and residential institutions that are non\\-government primary schools or non-government secondary schools;\n\n  \n\n(c) references in this Act to systemic schools shall not be taken, by reason of the express references in this Act to systemic disadvantaged schools, non-government special schools and residential institutions, as not including references to disadvantaged schools, special schools and residential institutions that are systemic schools; and\n\n(d) references in this Act to non-systemic schools shall not be taken, by reason of the express references in this Act to non-systemic disadvantaged schools, non-government special schools and residential institutions, as not including references to disadvantaged schools, special schools and residential institutions that are non-systemic schools.\n\n(5) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of the definition of “approved authority”, “approved school system”, “residential institution” or “systemic school” in sub-section 3(1) of the States Grants (Schools Assistance) Act 1977, the declaration shall, upon the commencement of this Act, be deemed to be a declaration made under this Act for the purposes of the definition of “approved authority”, “approved school system”, “residential institution” or “systemic school”, as the case requires, in sub-section (1) of this section.\n\n(6) Where, immediately before the commencing day, a school in a State was a special school within the meaning of the States Grants (Schools Assistance) Act 1977, the State Education Minister for the State shall, upon the commencement of this Act, be deemed to have notified the Commonwealth Education Minister for the purposes of the definition of “special school” in sub-section (1) of this section, that the school should, in the opinion of the State Education Minister, be treated as a special school for the purposes of this Act.\n\n(7) For the purposes of this Act, where, immediately before the commencing day, an approval was in force for the purposes of paragraph (c) of the definition of “certificate by a qualified accountant” in sub-section 3(1) of the States Grants (Schools Assistance) Act 1977, the approval shall, upon the commencement of this Act, be deemed to be an approval made under this Act for the purposes of paragraph (c) of the definition of “certificate by a qualified accountant” in sub-section (1) of this section.\n\n(8) For the purposes of this Act—\n\n(a) where moneys have been applied for a purpose, being the purpose of meeting expenditure of a particular kind, the money shall not be treated as having been applied for that purpose in pursuance of a condition specified in a section of this Act that requires a State to ensure that an amount is applied for that purpose—\n\n(i) if the moneys have been treated by the State, or will be treated by the State, as having been applied for that purpose in pursuance of a condition specified in another section of this Act that also requires the State to ensure that an amount is applied for that purpose; or\n\n(ii) if the moneys were applied for that purpose in pursuance of a condition subject to which financial assistance was granted to the State under a previous schools assistance Act; and\n\n(b) where moneys have been applied for a purpose, being the purpose of meeting expenditure of a particular kind, the moneys shall not be treated as having been applied for that purpose in pursuance of a condition of a relevant agreement between a State and an approved authority—\n\n(i) if the moneys have been treated by the approved authority, or will be treated by the approved authority, as having been applied for that purpose in pursuance of another condition of that agreement, or of a condition of another relevant agreement between the State and the approved authority, that also requires the approved authority to ensure that an amount is applied for that purpose; or\n\n(ii) if the moneys were applied for that purpose in pursuance of a condition of an agreement between the State and the approved authority, being an agreement made for the purposes of a condition subject to which financial assistance was granted to the State under a previous schools assistance Act.\n\n(9) In sub-section (8), a reference to a relevant agreement between a State and an approved authority shall be read as an agreement made between a State and an approved authority for the purposes of the condition specified in paragraph 16(2)(b), 18(9)(b), 19(9)(b), 21(2)(b), 22(2)(b), 24(2)(b), 25(2)(b), 27(2)(b), 40(2)(b) or 44(2)(b).\n\n  \n\n(10) In sub-sections (8) and (9), a reference to an approved authority shall be read as a reference to an approved authority of a non\\-government school, an approved authority of an approved school system, a governing body of an approved education centre or a body or person who enters into an agreement with a State for the purposes of the condition specified in paragraph 44(2)(b), as the case requires.\n\n(11) For the purposes of this Act, a building project or equipment project that has been, is being or is to be carried out for purposes connected with a school, an approved education centre or the education of certain students shall be treated as a building project or equipment project in connection with the school, the approved education centre or the education of those students, as the case may be, notwithstanding that it is also being carried out for other educational purposes or for community purposes.\n\nSchools and areas with respect to which special provision is made, &c.\n\n4. (1) Where—\n\n(a) the students, or a substantial number of the students, at a government school in a State are members of a community that is, for social, economic, ethnic, geographic, cultural or lingual reasons, or for similar reasons, of such a kind that the capacity of the students to take advantage of educational opportunities ordinarily available at schools in the State is below average; and\n\n(b) the State Education Minister for the State is of the opinion that–\n\n(i) the school should, for any of the reasons referred to in paragraph (a), be treated as a disadvantaged school for the purposes of this Act; and\n\n(ii) the total number of students at that school, and at other schools in the State that are or may become government disadvantaged schools, is not, and will not be, at any time during the year to which this Act applies, greater than the number of students that the Commonwealth Education Minister, under sub-section (3), has informed the State Education Minister is the approved maximum number of students in relation to government disadvantaged schools in that State in respect of that year,\n\nthe State Education Minister may notify the Commonwealth Education Minister that the school should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act.\n\n(2) Where—\n\n(a) the students, or a substantial number of the students, at a non\\-government school in a State are members of a community that is, for social, economic, ethnic, geographic, cultural or lingual reasons, or for similar reasons, of such a kind that the capacity of the students to take advantage of educational opportunities ordinarily available at schools in the State is below average; and\n\n(b) the Commonwealth Education Minister is of the opinion that the school should, for any of the reasons referred to in paragraph (a), be treated as a disadvantaged school for the purposes of this Act,\n\nthe Commonwealth Education Minister may declare the school to be a disadvantaged school for the purposes of this Act.\n\n(3) As soon as practicable after the commencement of this Act, the Commonwealth Education Minister shall determine, in relation to each State, the number of students that is, for the purposes of sub-section (1), the approved maximum number of students in relation to government disadvantaged schools in the State in respect of the year to which this Act applies, and shall notify the State Education Minister of that number.\n\n(4) Where—\n\n(a) the students, or a substantial number of the students, receiving primary education or secondary education in a country area of a State are members of a community that is, for geographic, social, economic or cultural reasons, or for similar reasons, of such a kind that the capacity of the students to take advantage of educational opportunities ordinarily available at schools in the State is below average;\n\n(b) the State Education Minister for the State notifies the Commonwealth Education Minister of that fact; and\n\n  \n\n(c) the Commonwealth Education Minister is of the opinion that the area should, for any of the reasons referred to in paragraph (a), be treated as a disadvantaged country area for the purposes of this Act,\n\nthe Commonwealth Education Minister may declare the area to be a disadvantaged country area for the purposes of this Act.\n\n(5) Where the Minister is of the opinion that—\n\n(a) there is ordinarily included amongst the students at a non\\-government school in a State a substantial number of students from the country; and\n\n(b) the school is, by reason of a decline in enrolment at the school of students of that kind or for any other reason that the Minister considers appropriate, in special need of short-term emergency assistance,\n\nthe Minister may declare the school to be a school in need of short-term emergency assistance for the purposes of this Act.\n\n(6) Where the Minister is satisfied that the membership of an education centre is not restricted to teachers or teachers of a particular kind and the centre provides opportunities for parents of students at schools, and other persons interested in education, to take part in, and to assist in, activities of the centre, the Minister may approve the education centre for the purposes of this Act.\n\n(7) Where, immediately before the commencing day, a government school in a State was a disadvantaged school within the meaning of the States Grants (Schools Assistance) Act 1977, the State Education Minister for the State shall, upon the commencement of this Act, be deemed to have notified the Commonwealth Education Minister under sub-section (1) of this section, that the school should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act.\n\n(8) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of sub\\-section 4(2) or (4) of the States Grants (Schools Assistance) Act 1977, the declaration shall, upon the commencement of this Act, be deemed to be a declaration made under sub-section (2) or (4) of this section, as the case requires.\n\n(9) For the purposes of this Act, where, immediately before the commencing day, an approval was in force for the purposes of sub\\-section 4(6) of the States Grants (Schools Assistance) Act 1977, the approval shall, upon the commencement of this Act, be deemed to be an approval given under sub-section (6) of this section.\n\nPART II—GOVERNMENT SCHOOLS PROGRAMS\n\nGrants for building and equipment projects in connection with government schools\n\n5. (1) Subject to section 7, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to building projects and equipment projects in connection with government primary schools and government secondary schools in the State, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section on the conditions that—\n\n(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1979, in relation to building projects and equipment projects in connection with government primary schools and government secondary schools in the State, other than projects the sole or principal object, or one of the principal objects, of which is to provide housing or other residential accommodation in any capital city for teachers or other staff; and\n\n(b) the State will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n  \n\n(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and\n\n(ii) a statement, in writing, that specifies—\n\n(A) the projects (not including a project the total expenditure in relation to which was less than $25,000) in relation to which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been applied, the amount so applied in relation to each of those projects and the total of those amounts; and\n\n(B) the amount applied by the State in pursuance of the condition specified in paragraph (a) in relation to projects the total expenditure in relation to each of which was less than $25,000.\n\n(3) Subject to sub-section 3(8), a State may, for the purposes of this section, treat amounts that have been applied by the State, after 30 September 1978 and before the commencement of this Act, for the purpose of meeting expenditure in relation to a building project or equipment project in connection with a government primary or a government secondary school in the State as having been so applied by the State after the commencement of this Act.\n\nGrants for recurrent expenditure in connection with government schools\n\n6. (1) Subject to section 7, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with government primary schools and government secondary schools in the State, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section on the conditions that—\n\n(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State, according to the respective needs of government primary schools and government secondary schools in the State, for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connection with those schools; and\n\n(b) the State will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and\n\n(ii) a statement, in writing, that summarizes, in respect of government primary schools and in respect of government secondary schools, the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.\n\nLimits on grants under sections 5 and 6, &c.\n\n7. (1) The Minister shall not authorize payments to a State under section 5 that exceed, in the aggregate, the amount specified in column 2 of Schedule 1 opposite to the name of the State.\n\n(2) The Minister shall not authorize payments to a State under section 6 that exceed, in the aggregate, the amount specified in column 3 of Schedule 1 opposite to the name of the State.\n\n(3) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (5), the Commonwealth Education Minister may, at the request of the State Education Ministers for 2 or more States, direct that—\n\n(a) this Act has effect as if the amounts specified in column 2 of Schedule 1 opposite to the names of those States were varied in accordance with the direction; or\n\n(b) this Act has effect as if the amounts specified in column 3 of Schedule 1 opposite to the names of those States were varied in accordance with the direction,\n\nand, where the Commonwealth Education Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-sections (4) and (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.\n\n  \n\n(4) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (5), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act has effect as if the amounts specified in columns 2 and 3 of Schedule 1 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this sub-section and sub\\-sections (3) and (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.\n\n(5) A direction given under sub-section (3) or (4) shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in columns 2 and 3 of Schedule 1 opposite to the names of the States is greater or less than the total specified at the foot of column 4 of that Schedule.\n\n(6) As soon as practicable after the Minister has given a direction under sub-section (3) or (4), he shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.\n\nGrants for recurrent expenditure in connection with migrant education provided at or in connection with government schools\n\n8. (1) Subject to section 9, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with migrant education provided at or in connection with government primary schools and government secondary schools in the State, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section on the conditions that—\n\n(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connection with migrant education provided at or in connection with government primary schools and government secondary schools in the State; and\n\n(b) the State will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and\n\n(ii) a statement, in writing, that summarizes, in respect of government primary schools and in respect of government secondary schools, the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.\n\nLimits on grants under section 8\n\n9. The Minister shall not authorize payments to a State under section 8 that exceed, in the aggregate, the amount specified in column 2 of Schedule 2 opposite to the name of the State.\n\nGrants for expenditure in connection with government disadvantaged schools\n\n10. (1) Subject to section 11, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with government disadvantaged schools in the State, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section on the conditions that—\n\n(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting—\n\n(i) recurrent expenditure, in respect of the year to which this Act applies, in connection with government disadvantaged schools in the State; or\n\n(ii) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1979, in relation to minor building projects, or minor equipment projects, in connection with government disadvantaged schools in the State, being projects—\n\n  \n\n(a) the total expenditure in relation to each of which is, or will be, less than $25,000; or\n\n(b) that are approved by the Minister for the purposes of this section; and\n\n(b) the State will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and\n\n(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.\n\nLimits on grants under section 10\n\n11. The Minister shall not authorize payments to a State under section 10 that exceed, in the aggregate, the amount specified in column 2 of Schedule 3 opposite to the name of the State.\n\nGrants for recurrent expenditure in connection with government special schools\n\n12. (1) Subject to section 13, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with government special schools in the State, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section on the conditions that—\n\n(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connection with government special schools in the State; and\n\n(b) the State will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and\n\n(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.\n\nLimits on grants under section 12, &c.\n\n13. (1) The Minister shall not authorize payments to a State under section 12 that exceed, in the aggregate, the amount specified in column 2 of Schedule 4 opposite to the name of the State.\n\n(2) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (4), the Commonwealth Education Minister may, at the request of the State Education Ministers for 2 or more States, direct that—\n\n(a) this Act has effect as if the amounts specified in column 2 of Schedule 4 opposite to the names of those States were varied in accordance with the direction; or\n\n(b) this Act has effect as if the amounts specified in column 3 of Schedule 4 opposite to the names of those States were varied in accordance with the direction,\n\nand, where the Commonwealth Education Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-sections (3) and (4)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.\n\n(3) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (4), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act has effect as if the amounts specified in columns 2 and 3 of Schedule 4 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this sub-section and sub\\-sections (2) and (4)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.\n\n(4) A direction given under sub-section (2) or (3) shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in columns 2 and 3 of Schedule 4 opposite to the names of the States is greater or less than the total specified at the foot of column 4 of that Schedule.\n\n(5) As soon as practicable after the Minister has given a direction under sub-section (2) or (3), he shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.\n\nAdditional condition to which grants of financial assistance under Part subject\n\n14. Financial assistance is granted to a State under a section contained in this Part on the additional condition that, if the State does not fulfil a condition specified in the section, the State will, if the Minister so determines, repay to the Commonwealth such amount (not being an amount greater than the sum of the amounts of financial assistance paid to the State under that section) as the Minister specifies in the determination as the amount that should be repaid by the State.\n\nPART III—NON-GOVERNMENT SCHOOLS PROGRAMS\n\nApproval of building and equipment projects in connection with non\\-government schools\n\n15. (1) For the purposes of section 16, the Minister may, subject to sub-section (2) of this section, approve building projects and equipment projects in connection with non-government primary schools, and building projects and equipment projects in connection with non-government secondary schools, in a State.\n\n(2) A project shall not be approved under sub-section (1) if the sole or principal object, or one of the principal objects, of the project is—\n\n(a) to provide housing or other residential accommodation for teaching or other staff; or\n\n(b) to provide facilities for use, wholly or principally, for or in relation to religious worship.\n\nGrants for building and equipment projects in connection with non\\-government schools\n\n16. (1) Subject to section 17, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a project approved under section 15, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section in respect of expenditure in relation to a project approved under section 15 (being a building project or an equipment project in connection with a non-government school in the State) on the conditions that—\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to each amount paid to the State under this section in relation to the project, and, in making the payment, will describe the amount paid to the approved authority as a payment in relation to the project made out of moneys provided to the State by the Commonwealth under this section; and\n\n(b) the State will not make a payment to the approved authority under this section in relation to the project unless the approved authority, before or at the time of accepting the first payment under this section in relation to the project, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section in relation to the project is applied for the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1979, in relation to the project;\n\n(ii) the approved authority will cause to be furnished to the Minister (within a period of 3 months after the date of completion of the project or within such further period as the Minister approves) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled;\n\n(iii) the approved authority will comply with such other conditions (if any) as are specified in the approval of the project under section 15;\n\n(iv) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii) or (iii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to the project) as the Minister determines should be repaid by the approved authority.\n\n  \n\n(3) Subject to sub-section 3 (8), an approved authority of a non\\-government school may, for the purposes of this section, treat amounts that have been applied, before the commencement of this Act, for the purpose of meeting expenditure in relation to a project approved under section 15 as having been so applied after the commencement of this Act.\n\nLimits on grants under section 16, &c.\n\n17. (1) The Minister shall not authorize payments to a State under section 16 that exceed, in the aggregate, the amount specified in column 2 of Schedule 5 opposite to the name of the State.\n\n(2) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (3), provision may be made by the regulations that this Act has effect as if some or all of the amounts specified in column 2 of Schedule 5 opposite to the names of States were varied in accordance with the regulations, and, where provision is so made with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-section (3)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.\n\n(3) Regulations made for the purposes of sub-section (2) shall not provide for the variation of any amounts specified in column 2 of Schedule 5 opposite to the names of States in such a way that, after the variation, the aggregate of the amounts specified in that column is greater or less than the total specified at the foot of that column.\n\nGrants for recurrent expenditure of systemic schools\n\n18. (1) Until the Minister causes to be published in the Gazette a list of approved school systems in accordance with sub-section (2), references in this section to the list of approved school systems shall, except where the contrary intention appears, be read as references to—\n\n(a) the list prepared in accordance with sub-section 14(1) of the States Grants (Schools) Act 1976 as varied before the commencement of this Act under a previous schools assistance Act; or\n\n(b) if the list referred to in paragraph (a) is varied after the commencement of this Act under sub-section (3), (5) or (6) of this section, that list as so varied.\n\n(2) The Minister may cause to be published in the Gazette a copy of the list referred to in paragraph (1)(a) or, if that list is varied under subsection (3), (5) or (6) of this section after the commencement of this Act and before the publication of the copy in the Gazette, a copy of that list as so varied, and, if he does so, references in this section to the list of approved school systems shall then, unless the contrary intention appears, be read as references to the list so published or, if the list so published is varied under sub-section (3), (5) or (6) of this section, to the list as so published and so varied.\n\n(3) The Minister may, from time to time, vary the list of approved school systems for the purpose of adding to it school systems that are declared by him to be approved school systems for the purposes of this Act and, if the Minister makes such a variation, he shall, in respect of each such approved school system, specify, in the instrument of variation, the level, being a level of assistance set out in column 1 of Schedule 6, at which financial assistance is to be provided under this section to the approved school system for the purpose of meeting recurrent expenditure of the approved school system in respect of the year to which this Act applies.\n\n(4) The Minister shall, in determining for the purposes of sub\\-section (3) the level at which financial assistance is to be provided under this section to an approved school system for the purpose of meeting recurrent expenditure of the approved school system in respect of the year to which this Act applies, have regard to the need of the approved school system for such assistance.\n\n(5) The Minister may, having regard to any change in the need of an approved school system for financial assistance under this section for the purpose of meeting recurrent expenditure of the approved school system in respect of the year to which this Act applies, vary the list of approved school systems by specifying, in the instrument of variation, in respect of the approved school system a different level, being a level of assistance set out in column 1 of Schedule 6, at which financial assistance is to be provided under this section to the approved school system for the purpose of meeting recurrent expenditure of the approved school system in respect of the year to which this Act applies.\n\n(6) The Minister may vary the list of approved school systems for the purpose of correcting clerical errors or making alterations of a formal kind.\n\n  \n\n(7) The Minister shall cause a copy of any variation to the list of approved school systems made under sub-section (3), (5) or (6) to be published in the Gazette.\n\n(8) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved school system in the State, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, the sum of the following amounts:\n\n(a) an amount equal to the product of the amount specified in column 2 of Schedule 6 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of approved school systems in relation to the school system and the number of students receiving primary education at systemic schools in the school system on the date (in paragraph (b) referred to as the “census date”) that is the schools census date for the State or is such other date as the Minister, in special circumstances, determines in relation to the school system;\n\n(b) an amount equal to the product of the amount specified in column 3 of Schedule 6 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of approved school systems in relation to the school system and the number of students receiving secondary education at systemic schools in the school system on the census date;\n\n(c) if any systemic schools in the school system are schools in need of short-term emergency assistance, an amount equal to such amount as the Minister, subject to section 20, determines to be the amount of additional assistance to be provided to the school system for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connection with those last-mentioned schools; and\n\n(d) if primary education or secondary education is provided at any systemic school in the school system for part-time students as well as for full-time students, an amount equal to such amount (if any) as the Minister determines to be the amount of financial assistance to be provided to the school system for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connection with those part-time students.\n\n(9) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved school system in the State on the conditions that—\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school system an amount equal to each amount paid to the State under this section in relation to the approved school system, and, in making the payment, will describe the amount paid to the approved authority as a payment made out of moneys provided to the State by the Commonwealth under this section; and\n\n(b) the State will not make a payment to the approved authority under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied, according to the respective needs of systemic schools in the school system, for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, of those schools, and of the approved authority in respect of those schools, in such proportions as the Minister determines, and, in particular, will ensure that such part of that amount as is not less than the amount determined by the Minister under paragraph (8)(c) in relation to the school system is applied for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connection with such of those schools as are schools in need of short-term emergency assistance;\n\n(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and\n\n  \n\n(b) a statement, in writing, that contains such information in respect of recurrent expenditure of the systemic schools in the school system, and of the approved authority in respect of those schools, and such other financial and statistical information in respect of those schools and the approved authority, as is required by the Minister to be so furnished;\n\n(iii) if the approved authority does not fulfil a condition specified in sub-paragraph (i) or (ii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority.\n\nGrants for recurrent expenditure of non-systemic schools\n\n19. (1) Until the Minister causes to be published in the Gazette a list of non-systemic schools in accordance with sub-section (2), references in this section to the list of non-systemic schools shall, except where the contrary intention appears, be read as references to—\n\n(a) the list prepared in accordance with sub-section 17(1) of the States Grants (Schools) Act 1976 as varied before the commencement of this Act under a previous schools assistance Act; or\n\n(b) if the list referred to in paragraph (a) is varied after the commencement of this Act under sub-section (3), (5) or (6) of this section, that list as so varied.\n\n(2) The Minister may cause to be published in the Gazette a copy of the list referred to in paragraph (1) (a) or, if that list is varied under sub\\-section (3), (5) or (6) of this section after the commencement of this Act and before the publication of the copy in the Gazette, a copy of that list as so varied, and, if he does so, references in this section to the list of non-systemic schools shall then, unless the contrary intention appears, be read as references to the list so published or, if the list so published is varied under sub-section (3), (5) or (6) of this section, to the list as so published and so varied.\n\n(3) The Minister may, from time to time, vary the list of non-systemic schools for the purpose of adding to it non-systemic schools that come into existence (whether upon ceasing to be systemic schools or otherwise) or the existence of which first becomes known to the Minister and, if the Minister makes such a variation, he shall, in respect of each such school, specify, in the instrument of variation, the level, being a level of assistance set out in column 1 of Schedule 6, at which financial assistance is to be provided under this section to the school for the purpose of meeting recurrent expenditure of the school in respect of the year to which this Act applies.\n\n(4) The Minister shall, in determining for the purposes of sub\\-section (3) the level at which financial assistance is to be provided under this section to a school for the purpose of meeting recurrent expenditure of the school in respect of the year to which this Act applies, have regard to the need of the school for such assistance.\n\n(5) The Minister may, having regard to any change in the need of a school for financial assistance under this section for the purpose of meeting recurrent expenditure of the school in respect of the year to which this Act applies, vary the list of non-systemic schools by specifying, in the instrument of variation, in respect of the school a different level, being a level of assistance set out in column 1 of Schedule 6, at which financial assistance is to be provided under this section to the school for the purpose of meeting recurrent expenditure of the school in respect of the year to which this Act applies.\n\n(6) The Minister may vary the list of non-systemic schools for the purpose of correcting clerical errors or making alterations of a formal kind.\n\n(7) The Minister shall cause a copy of any variation to the list of non-systemic schools made under sub-section (3), (5) or (6) to be published in the Gazette.\n\n  \n\n(8) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non-systemic school in the State, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, the sum of the following amounts:\n\n(a) an amount equal to the product of the amount specified in column 2 of Schedule 6 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of non-systemic schools in relation to the school and the number of students receiving primary education at the school on the date (in paragraph (b) referred to as the “census date”) that is the schools census date for that State or is such other date as the Minister, in special circumstances, determines in relation to the school;\n\n(b) an amount equal to the product of the amount specified in column 3 of Schedule 6 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of non-systemic schools in relation to the school and the number of students receiving secondary education at the school on the census date;\n\n(c) if the school is a school in need of short-term emergency assistance, an amount equal to such amount as the Minister, subject to section 20, determines to be the amount of additional assistance to be provided to the school for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, of the school;\n\n(d) if primary education or secondary education is provided at the school for part-time students as well as for full-time students, an amount equal to such amount (if any) as the Minister determines to be the amount of assistance to be provided to the school for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connection with those part-time students.\n\n(9) Financial assistance is granted to a State under this section in respect of recurrent expenditure of a non-systemic school in the State on the conditions that—\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to each amount paid to the State under this section in relation to the school, and, in making the payment, will describe the amount paid to the approved authority as a payment made out of moneys provided to the State by the Commonwealth under this section; and\n\n(b) the State will not make a payment to the approved authority under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, of the school;\n\n(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(A) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and\n\n(B) a statement, in writing, that contains such information in respect of recurrent expenditure of the school, and such other financial and statistical information in respect of the school, as is required by the Minister to be so furnished;\n\n(iii) if the approved authority does not fulfil a condition specified in sub-paragraph (i) or (ii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority.\n\nLimit on additional grants for schools in need of short-term emergency assistance\n\n20. The amounts determined by the Minister under paragraph 18(8)(c) in relation to systemic schools, and the amounts determined by the Minister under paragraph 19(8)(c) in relation to non-systemic schools, shall not exceed, in the aggregate, $574,500.\n\n  \nGrants for recurrent expenditure in connection with migrant education provided at or in connection with systemic schools\n\n21. (1) Subject to section 23, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved school system in the State in connection with migrant education provided at or in connection with systemic schools in the school system, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved school system in the State in connection with migrant education provided at or in connection with systemic schools in the school system on the conditions that—\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school system an amount equal to each amount paid to the State under this section in relation to the approved school system, and, in making the payment, will describe the amount paid to the approved authority as a payment made out of moneys provided to the State by the Commonwealth under this section; and\n\n(b) the State will not make a payment to the approved authority under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, of those schools, and of the approved authority in respect of those schools, in such proportions as the Minister determines, in connection with migrant education provided at or in connection with those schools;\n\n(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(A) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and\n\n(B) a statement, in writing, that contains such information in respect of migrant education provided at any systemic school or schools in the school system as is required by the Minister to be so furnished;\n\n(iii) if the approved authority does not fulfil a condition specified in sub-paragraph (i) or (ii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority.\n\nGrants for recurrent expenditure in connection with migrant education provided at or in connection with non-systemic schools\n\n22. (1) Subject to section 23, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non-systemic school in the State in connection with migrant education provided at or in connection with the school, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of a non-systemic school in a State in connection with migrant education provided at or in connection with the school on the conditions that—\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to each amount paid to the State under this section in relation to the school, and, in making the payment, will describe the amount paid to the approved authority as a payment made out of moneys provided to the State by the Commonwealth under this section; and\n\n  \n\n(b) the State will not make a payment to the approved authority under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, of the school in connection with migrant education provided at or in connection with the school;\n\n(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and\n\n(b) a statement, in writing, that contains such information in respect of migrant education provided at the school as is required by the Minister to be so furnished;\n\n(iii) if the approved authority does not fulfil a condition specified in sub-paragraph (i) or (ii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority.\n\nLimits on grants under sections 21 and 22\n\n23. The Minister shall not authorize payments to a State under sections 21 and 22 that exceed, in the aggregate, the amount specified in column 3 of Schedule 2 opposite to the name of the State.\n\nGrants for expenditure of systemic disadvantaged schools\n\n24. (1) Subject to section 26, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure of an approved school system in the State in connection with any systemic disadvantaged school or schools in the school system, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section in respect of expenditure of an approved school system in the State in connection with any systemic disadvantaged school or schools in the school system on the conditions that—\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school system an amount equal to each amount paid to the State under this section in relation to the approved school system, and, in making the payment, will describe the amount paid to the approved authority as a payment made out of moneys provided to the State by the Commonwealth under this section; and\n\n(b) the State will not make a payment to the approved authority under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting—\n\n(a) recurrent expenditure, in respect of the year to which this Act applies, of that systemic disadvantaged school or those systemic disadvantaged schools, and of the approved authority in respect of that school or those schools, in such proportions as the Minister determines; or\n\n(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1979, in relation to minor building projects, or minor equipment projects, in connection with that systemic disadvantaged school or those systemic disadvantaged schools, being projects that are approved by the Minister for the purposes of this section;\n\n  \n\n(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and\n\n(b) a statement, in writing, that contains such information in respect of any systemic disadvantaged school or schools in the school system as is required by the Minister to be so furnished;\n\n(iii) if the approved authority does not fulfil a condition specified in sub-paragraph (i) or (ii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority.\n\nGrants for expenditure of non-systemic disadvantaged schools\n\n25. (1) Subject to section 26, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure of a non-systemic disadvantaged school in the State, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section in respect of expenditure of a non-systemic disadvantaged school in a State on the conditions that—\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to each amount paid to the State under this section in relation to the school, and, in making the payment, will describe the amount paid to the approved authority as a payment made out of moneys provided to the State by the Commonwealth under this section; and\n\n(b) the State will not make a payment to the approved authority under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting—\n\n(a) recurrent expenditure, in respect of the year to which this Act applies, of the school; or\n\n(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1979, in relation to minor building projects, or minor equipment projects, in connection with the school, being projects that are approved by the Minister for the purposes of this section;\n\n(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and\n\n(b) a statement, in writing, that contains such information in respect of the school as is required by the Minister to be so furnished;\n\n(iii) if the approved authority does not fulfil a condition specified in sub-paragraph (i) or (ii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority.\n\nLimits on grants under sections 24 and 25\n\n26. The Minister shall not authorize payments to a State under sections 24 and 25 that exceed, in the aggregate, the amount specified in column 3 of Schedule 3 opposite to the name of the State.\n\nGrants for recurrent expenditure of non\\-government special schools\n\n27. (1) Subject to section 28, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non-government special school in the State, of such amounts as the Minister determines.\n\n  \n\n(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of a non-government special school in the State on the conditions that—\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to each amount paid to the State under this section in relation to the school, and, in making the payment, will describe the amount paid to the approved authority as a payment made out of moneys provided to the State by the Commonwealth under this section; and\n\n(b) the State will not make a payment to the approved authority under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, of the school;\n\n(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and\n\n(b) a statement, in writing, that contains such information in respect of recurrent expenditure of the school, and such other financial and statistical information in respect of the school, as is required by the Minister to be so furnished;\n\n(iii) if the approved authority does not fulfil a condition specified in sub-paragraph (i) or (ii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority.\n\nLimits on grants under section 27\n\n28. The Minister shall not authorize payments to a State under section 27 that exceed, in the aggregate, the amount specified in column 3 of Schedule 4 opposite to the name of the State.\n\nAdditional conditions to which grants of financial assistance under Part subject\n\n29. Financial assistance granted to a State under a section contained in this Part is granted on the additional conditions that—\n\n(a) if an amount that the approved authority of a non-government school or an approved school system is liable to repay to the State, under a condition of an agreement entered into in accordance with the section, is repaid by the authority to the State, or is recovered by the State from the authority, the State will pay to the Commonwealth an amount equal to that amount; and\n\n(b) if the State does not fulfil a condition specified in the section under which the financial assistance is granted, the State will, if the Minister so determines, repay to the Commonwealth such amount (not being an amount greater than the sum of the amounts of financial assistance paid to the State under that section in respect of that non-government school or approved school system) as the Minister specifies in the determination as the amount that should be repaid by the State.\n\nPART IV—JOINT GOVERNMENT AND NON-GOVERNMENT  \nSCHOOLS PROGRAMS\n\nGrants for recurrent expenditure in connection with multicultural education\n\n30. (1) Subject to section 31, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with multicultural education provided in the State, of such amounts as the Minister determines.\n\n  \n\n(2) Financial assistance is granted to a State under this section on the conditions that—\n\n(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connection with multicultural education provided in the State; and\n\n(b) the State will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and\n\n(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.\n\nLimits on grants under section 30\n\n31. The Minister shall not authorize payments to a State under section 30 that exceed, in the aggregate, the amount specified in column 2 of Schedule 7 opposite to the name of the State.\n\nGrants for expenditure in connection with the education of students receiving primary education or secondary education in disadvantaged country areas\n\n32. (1) Subject to section 33, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with the education of students receiving primary education or secondary education in disadvantaged country areas in the State, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section on the conditions that—\n\n(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting—\n\n(i) recurrent expenditure, in respect of the year to which this Act applies, in connection with the education of students receiving primary education or secondary education in disadvantaged country areas in the State; or\n\n(ii) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1979, in relation to minor building projects, or minor equipment projects, in connection with the education of students receiving primary education or secondary education in disadvantaged country areas in the State, being projects—\n\n(a) the total expenditure in relation to each of which is, or will be, less than $25,000; or\n\n(b) that are approved by the Minister for the purposes of this section; and\n\n(b) the State will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and\n\n(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.\n\nLimits on grants under section 32\n\n33. The Minister shall not authorize payments to a State under section 32 that exceed, in the aggregate, the amount specified in column 4 of Schedule 3 opposite to the name of the State.\n\nGrants for recurrent expenditure in connection with the education of children residing in residential institutions\n\n34. (1) Subject to section 35, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with the education of children residing in residential institutions in the State, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section on the conditions that—\n\n(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connection with the education of children residing in residential institutions in the State; and\n\n  \n\n(b) the State will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and\n\n(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.\n\nLimits on grants under section 34\n\n35. The Minister shall not authorize payments to a State under section 34 that exceed, in the aggregate, the amount specified in column 2 of Schedule 8 opposite to the name of the State.\n\nGrants for recurrent expenditure in connection with approved service and development activities\n\n36. (1) Subject to section 37, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with approved service and development activities, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section on the conditions that—\n\n(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connection with approved service and development activities, being activities which are conducted (in whole or in part) during the year to which this Act applies; and\n\n(b) the State will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and\n\n(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.\n\n(3) In this section—\n\n(a) a reference to expenditure in connection with approved service and development activities shall be read as including a reference to expenditure in connection with—\n\n(i) the remuneration of teachers attending approved service and development activities, being activities—\n\n(A) that involve full-time attendance or substantial part-time attendance, being full-time or part-time attendance that is, or is the equivalent of, full-time attendance extending over a period of not less than 2 weeks or are activities approved by the Minister for the purposes of this section; and\n\n(B) participation in which is not restricted to teachers at government schools or teachers at non\\-government schools; and\n\n(ii) the replacement of teachers during a period when they are attending approved service and development activities of that kind; and\n\n(b) a reference to a teacher shall be read as including a reference to–\n\n(i) a person employed at a school and a person associated with the administration of a school or a school system, including a government school system; and\n\n(ii) a person included in a class of persons declared by the Minister to be a class of persons to be treated as teachers for the purposes of this section.\n\n(4) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of subsection 30 (3) of the States Grants (Schools Assistance) Act 1977, the declaration shall, upon the commencement of this Act, be deemed to be a declaration made under sub-section (3) of this section.\n\nLimits on grants under section 36\n\n37. (1) The Minister shall not authorize payments to a State under section 36 that exceed, in the aggregate, the amount specified in column 2 of Schedule 9 opposite to the name of the State.\n\n  \n\n(2) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (3), the Commonwealth Education Minister may, at the request of the State Education Ministers for 2 or more States, direct that this Act has effect as if the amounts specified in column 2 of Schedule 9 opposite to the names of those States were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-section (3) ), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.\n\n(3) A direction given under sub-section (2) shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in column 2 of Schedule 9 opposite to the names of the States is greater or less than the total specified at the foot of that column.\n\n(4) As soon as practicable after the Minister has given a direction under sub-section (2), he shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.\n\nGrants for recurrent expenditure in connection with the temporary transfer of teachers, &c.\n\n38. (1) Subject to section 39, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with—\n\n(a) the temporary transfer of teachers at government schools or non-government schools to different schools (including schools in a different school system) for the purpose of improving the experience, knowledge or skills, in relation to primary education or secondary education, of those teachers and of persons with whom they come into contact at the schools to which they are transferred; or\n\n(b) programs for assisting parents of students at government schools or non-government schools, and other members of the community interested in education at those schools, to improve their experience, knowledge or skills in relation to primary education or secondary education,\n\nof such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section on the conditions that—\n\n(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connection with—\n\n(i) the temporary transfer of teachers at government schools or non-government schools to different schools (including schools in a different school system) for the purpose of improving the experience, knowledge or skills, in relation to primary education or secondary education, of those teachers and of persons with whom they come into contact at the schools to which they are transferred; or\n\n(ii) programs for assisting parents of students at government schools or non-government schools, and other members of the community interested in education at those schools, to improve their experience, knowledge or skills in relation to primary education or secondary education; and\n\n(b) the State will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and\n\n(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.\n\n(3) in this section—\n\n(a) a reference to teachers at government schools or non\\-government schools shall be read as including a reference to persons other than teachers who are employed at those schools or are employed in connection with the administration of those schools;\n\n(b) a reference to a school shall be read as including a reference to a body responsible for the administration of schools included in a school system; and\n\n(c) a reference to a school system shall be read as including a reference to a government school system.\n\nLimit on grants under section 38\n\n39. The Minister shall not authorize payments to the States under section 38 that exceed, in the aggregate, $103,000.\n\nGrants for expenditure of approved education centres\n\n40. (1) Subject to section 41, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure of an approved education centre in the State, of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section in respect of expenditure of an approved education centre in a State on the conditions that—\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the governing body of the approved education centre an amount equal to each amount paid to the State under this section in relation to the approved education centre, and, in making the payment, will describe the amount paid to the governing body as a payment made out of moneys provided to the State by the Commonwealth under this section;\n\n(b). the State will not make a payment to the governing body under this section unless the governing body, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the governing body will ensure that an amount equal to the sum of the amounts paid to the governing body under this section is applied for the purpose of meeting—\n\n(a) recurrent expenditure, in respect of the year to which this Act applies, of the approved education centre; or\n\n(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1979, in relation to minor building projects, or minor equipment projects, in connection with the approved education centre, being projects that are approved by the Minister for the purposes of this section;\n\n(ii) the governing body will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves)—\n\n(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and\n\n(b) a statement, in writing, that contains such information in respect of the approved education centre as is required by the Minister to be so furnished;\n\n(iii) if the governing body does not fulfil a condition specified in sub-paragraph (i) or (ii), the governing body will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the governing body under this section) as the Minister determines should be repaid by the governing body; and\n\n(c) if an amount that the governing body is liable to repay to a State, under the condition referred to in sub-paragraph (b)(iii), is repaid by the governing body to the State, or is recovered by the State from the governing body, the State will pay to the Commonwealth an amount equal to that amount.\n\nLimit on grants under section 40\n\n41. The Minister shall not authorize payments to the States under section 40 that exceed, in the aggregate, $1,409,000.\n\nApproval of special projects\n\n42. Where—\n\n(a) a project is being, or is to be, carried out in Australia with the sole or principal object of promoting change or innovation in, or any other matter relating to, primary education or secondary education in Australia; and\n\n(b) the Minister is satisfied that the project is special in some respect and that it is desirable that assistance in connection with the project be provided under this Act,\n\nthe Minister may approve the project for the purposes of this Act.\n\n  \n\nGrants for expenditure in relation to approved special projects carried out by the States\n\n43. (1) Subject to section 45, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a project that is being, or is to be, carried out by the State and has been approved by the Minister under section 42 (including a project that is being, or is to be, carried out in conjunction with, or as part of, a project that is being, or is to be, carried out by another body or person in the State, by or in another State, by or in a Territory or by the Commonwealth), of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section in respect of expenditure in relation to a project on the conditions that—\n\n(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1979, in relation to the project; and\n\n(b) the State will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled.\n\nGrants for expenditure in relation to approved special projects not carried out by the States\n\n44. (1) Subject to section 45, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a project that is being, or is to be, carried out in the State by a body or person other than the State and has been approved by the Minister under section 42 (including a project that is being, or is to be, carried out in conjunction with, or as part of, a project that is being, or is to be, carried out by the State, by or in another State, by or in a Territory or by the Commonwealth), of such amounts as the Minister determines.\n\n(2) Financial assistance is granted to a State under this section in respect of expenditure in relation to a project (being a project that is being, or is to be, carried out in the State by a body or person other than the State) on the conditions that—\n\n(a) subject to paragraph (b), the State will, without undue delay, pay to the body or person an amount equal to each amount paid to the State under this section in relation to the project, and, in making the payment will describe the amount paid to the body or person as a payment in relation to the project made out of moneys provided to the State by the Commonwealth under this section;\n\n(b) the State will not make a payment to the body or person under this section in relation to a project unless the body or person, before or at the time of accepting the first payment under this section in relation to the project, has agreed or agrees with the State to be bound by the following conditions:\n\n(i) the body or person will ensure that an amount equal to the sum of the amounts paid to the body or person under this section in relation to the project is applied for the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1979, in relation to the project;\n\n(ii) the body or person will cause to be furnished to the Minister (not later than 30 June 1980 or such later date as the Minister approves) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled;\n\n(iii) the body or person will comply with such other conditions (if any) as are specified in the approval of the project under section 42;\n\n(iv) if the body or person does not fulfil a condition specified in sub-paragraph (i), (ii) or (iii), the body or person will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the body or person under this section in relation to the project) as the Minister determines shall be repaid by the body or person; and\n\n(c) if an amount that the body or person is liable to repay to a State, under the condition referred to in sub-paragraph (b) (iv), is repaid by the body or person to the State, or is recovered by the State from the body or person, the State will pay to the Commonwealth an amount equal to that amount.\n\nLimit on grants under sections 43 and 44\n\n45. The Minister shall not authorize payments to a State under sections 43 and 44 that exceed, in the aggregate, $3,908,000.\n\nAdditional condition to which grants of financial assistance under Part subject\n\n46. Financial assistance is granted to a State under a section contained in this Part on the additional condition that, if the State does not fulfil a condition specified in the section (not being, in the case of section 40, the condition specified in paragraph (2)(c) of that section or, in the case of section 44, the condition specified in paragraph (2)(c) of that section), the State will, if the Minister so determines, repay to the Commonwealth such amount (not being an amount greater than the sum of the amounts of financial assistance paid to the State under that section) as the Minister specifies in the determination as the amount that should be repaid by the State.\n\nPART V—MISCELLANEOUS\n\nMinister may fix amounts, and times of payments, of financial assistance\n\n47. Financial assistance payable to a State under this Act shall be paid in such amounts, and at such times, as the Minister determines in accordance with arrangements approved by the Minister for Finance.\n\nAmounts repayable by the States to the Commonwealth\n\n48. An amount repayable by a State to the Commonwealth in accordance with any condition provided for in this Act is a debt due by the State to the Commonwealth.\n\nAdvances\n\n49. The Minister may, with the concurrence of the Minister for Finance, make arrangements for the making to a State, by way of financial assistance to the State, of advances on account of an amount that is expected to become payable under this Act to the State, and the conditions that would be applicable to a payment of the amount are applicable to any such advance.\n\nPayments to be made out of Consolidated Revenue Fund or Loan Fund\n\n50. Payments to a State under this Act may be made out of—\n\n(a) in the case of payments under section 5 or 16, and advances under section 49 on account of payments of that kind—the Consolidated Revenue Fund or the Loan Fund; or\n\n(b) in any other case—the Consolidated Revenue Fund.\n\nAuthority to borrow\n\n51. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts that may become payable to the States under sections 5 and 16 of this Act.\n\nApplication of moneys borrowed\n\n52. Moneys borrowed under section 51 shall be issued and applied only for the expenses of borrowing and—\n\n(a) for the purpose of making payments to the States under sections 5 and 16;\n\n(b) for the purpose of making advances under section 49 on account of payments of that kind; and\n\n(c) for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 53.\n\nReimbursement of Consolidated Revenue Fund from Loan Fund\n\n53. (1) Where a payment under section 5 or 16, or an advance under section 49 on account of a payment of that kind, has been made out of the Consolidated Revenue Fund, the Minister for Finance may authorize the payment to the Consolidated Revenue Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.\n\n  \n\n(2) In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Minister for Finance under section 49 or 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.\n\nAppropriation\n\n54. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.\n\nDelegation by Minister\n\n55. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the Schools Commission, or to a full-time member, or to full-time members, of the Commission, any of his powers under this Act, other than—\n\n(a) this power of delegation;\n\n(b) his power to authorize payments to a State under this Act; or\n\n(c) his powers under sub-sections 7(3) and (4), 13(2) and (3), section 14, sub-sections 18(2), (3), (5) and (6), paragraphs 18(8)(c) and (d), sub-sections 19(2), (3), (5) and (6), paragraphs 19(8)(c) and (d), section 29, sub-section 37(2) and sections 46, 47 and 49.\n\n(2) A power so delegated, when exercised by the delegate or delegates, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.\n\n(3) A delegation under this section does not prevent the exercise of a power by the Minister.\n\nDeterminations, &c., to be in writing, &c.\n\n56. Any declaration, approval, authorization, determination, direction or notification made or given under, or for the purposes of, this Act shall be made or given by instrument in writing and any declaration, approval, authorization, determination, direction or notification so made or given, or deemed to be made or given under, or for the purposes of, this Act, may be varied or revoked by instrument in writing by the person authorized to make or give the relevant declaration, approval, authorization, determination, direction or notification.\n\nReport by Minister\n\n57. The Minister shall, as soon as practicable after 30 June 1980, cause a report with respect to the financial assistance granted, and other payments authorized, by the Minister under this Act, and with respect to the application of that financial assistance and those payments, to be laid before each House of the Parliament.\n\nRegulations\n\n58. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\nPART VI—AMENDMENTS OF STATES GRANTS (SCHOOLS  \nASSISTANCE) ACT 1977\n\nPrincipal Act\n\n59. The States Grants (Schools Assistance) Act 1977 is in this Part referred to as the Principal Act.\n\nLimit on grants under section 32\n\n60. Section 33 of the Principal Act is amended by omitting “$108,500” and substituting “$109,000”.\n\nLimit on grants under section 34\n\n61. Section 35 of the Principal Act is amended by omitting “$1,413,500” and substituting “$1,437,500”.\n\nLimit on grants under section 37\n\n62. Section 38 of the Principal Act is amended by omitting “$3,914,500” and substituting “$3,959,500”.\n\n  \n\nSchedules\n\n63. The Schedules to the Principal Act are repealed and the Schedules set out in Schedule 10 are substituted.\n\n![](image.001.png)SCHEDULE 1 Section 7\n\nGOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS AND RECURRENT EXPENDITURE\n\n| Column 1                            | Column 2                        | Column 3              | Column 4    |\n| ----------------------------------- | ------------------------------- | --------------------- | ----------- |\n| Name of State                       | Building and equipment projects | Recurrent expenditure | Totals      |\n|                                     | $                               | $                     | $           |\n| New South Wales..................   | 42,508,000                      | 73,769,000            | 116,277,000 |\n| Victoria.........................   | 37,587,000                      | 50,375,000            | 87,962,000  |\n| Queensland.......................   | 23,395,000                      | 23,493,000            | 46,888,000  |\n| South Australia.................... | 13,861,000                      | 18,288,000            | 32,149,000  |\n| Western Australia.................. | 11,913,500                      | 15,990,500            | 27,904,000  |\n| Tasmania........................    | 4,224,500                       | 5,879,500             | 10,104,000  |\n| Totals.....................         | 133,489,000                     | 187,795,000           | 321,284,000 |\n\n![](image.002.png)SCHEDULE 2 Sections 9 and 23\n\nRECURRENT EXPENDITURE—MIGRANT EDUCATION\n\n| Column 1                            | Column 2           | Column 3               | Column 4   |\n| ----------------------------------- | ------------------ | ---------------------- | ---------- |\n| Name of State                       | Government schools | Non-government schools | Totals     |\n|                                     | $                  | $                      | $          |\n| New South Wales..................   | 7,087,000          | 2,794,500              | 9,881,500  |\n| Victoria.........................   | 8,963,000          | 3,009,000              | 11,972,000 |\n| Queensland.......................   | 805,500            | 267,000                | 1,072,500  |\n| South Australia.................... | 1,919,500          | 925,500                | 2,845,000  |\n| Western Australia.................. | 875,500            | 1,269,000              | 2,144,500  |\n| Tasmania........................    | 361,000            | 14,000                 | 375,000    |\n| Totals.....................         | 20,011,500         | 8,279,000              | 28,290,500 |\n\n![](image.003.png)  \nSCHEDULE 3 Sections 11, 26 and 33\n\nDISADVANTAGED SCHOOLS AND DISADVANTAGED COUNTRY AREAS\n\n| Column 1             | Column 2                         | Column 3                             | Column 4                    | Column 5   |\n| -------------------- | -------------------------------- | ------------------------------------ | --------------------------- | ---------- |\n| Name of State        | Disadvantaged government schools | Disadvantaged non-government schools | Disadvantaged country areas | Totals     |\n|                      | $                                | $                                    | $                           | $          |\n| New South Wales...   | 6,346,500                        | 1,009,000                            | 1,392,500                   | 8,748,000  |\n| Victoria..........   | 6,531,500                        | 1,195,000                            | 790,000                     | 8,516,500  |\n| Queensland........   | 1,831,000                        | 162,500                              | 1,146,000                   | 3,139,500  |\n| South Australia..... | 1,793,000                        | 236,500                              | 375,500                     | 2,405,000  |\n| Western Australia... | 1,046,000                        | 129,500                              | 797,000                     | 1,972,500  |\n| Tasmania.........    | 373,500                          | 56,500                               | 271,500                     | 701,500    |\n| Totals......         | 17,921,500                       | 2,789,000                            | 4,772,500                   | 25,483,000 |\n\n![](image.004.png)SCHEDULE 4 Sections 13 and 28\n\nSPECIAL SCHOOLS\n\n| Column 1                            | Column 2                   | Column 3                       | Column 4   |\n| ----------------------------------- | -------------------------- | ------------------------------ | ---------- |\n| Name of State                       | Government special schools | Non-government special schools | Totals     |\n|                                     | $                          | $                              | $          |\n| New South Wales..................   | 4,442,500                  | 981,500                        | 5,424,000  |\n| Victoria.........................   | 2,984,000                  | 1,256,000                      | 4,240,000  |\n| Queensland.......................   | 1,605,500                  | 709,500                        | 2,315,000  |\n| South Australia.................... | 1,197,500                  | 112,000                        | 1,309,500  |\n| Western Australia.................. | 1,021,500                  | 156,500                        | 1,178,000  |\n| Tasmania........................    | 422,500                    | –                              | 422,500    |\n| Totals.....................         | 11,673,500                 | 3,215,500                      | 14,889,000 |\n\n![](image.005.png)SCHEDULE 5 Section 17\n\nNON-GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS\n\n| Column 1                                                     | Column 2   |\n| ------------------------------------------------------------ | ---------- |\n| Name of State                                                | Amounts    |\n|                                                              | $          |\n| New South Wales...........................................   | 10,764,500 |\n| Victoria..................................................   | 10,398,500 |\n| Queensland...............................................    | 4,913,500  |\n| South Australia............................................. | 2,083,500  |\n| Western Australia........................................... | 2,541,500  |\n| Tasmania.................................................    | 645,500    |\n| Total...............................................         | 31,347,000 |\n\n![](image.006.png)  \nSCHEDULE 6 Sections 18 and 19\n\nRECURRENT EXPENDITURE—LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SCHOOLS\n\n| Column 1                                     | Column 2                          | Column 3                            |\n| -------------------------------------------- | --------------------------------- | ----------------------------------- |\n| Level of assistance                          | Amount per primary school student | Amount per secondary school student |\n|                                              | $                                 | $                                   |\n| 1........................................... | 154                               | 229                                 |\n| 2........................................... | 192                               | 290                                 |\n| 3........................................... | 192                               | 305                                 |\n| 4........................................... | 230                               | 351                                 |\n| 5........................................... | 269                               | 412                                 |\n| 6........................................... | 322                               | 479                                 |\n\n![](image.007.png)SCHEDULE 7 Section 31\n\nMULTICULTURAL EDUCATION\n\n| Column 1                                                     | Column 2 |\n| ------------------------------------------------------------ | -------- |\n| Name of State                                                | Amounts  |\n|                                                              | $        |\n| New South Wales...........................................   | 182,000  |\n| Victoria..................................................   | 147,000  |\n| Queensland...............................................    | 77,000   |\n| South Australia............................................. | 48,500   |\n| Western Australia........................................... | 44,000   |\n| Tasmania.................................................    | 15,500   |\n| Total...............................................         | 514,000  |\n\n![](image.008.png)SCHEDULE 8 Section 35\n\nRESIDENTIAL INSTITUTIONS\n\n| Column 1                                                     | Column 2  |\n| ------------------------------------------------------------ | --------- |\n| Name of State                                                | Amounts   |\n|                                                              | $         |\n| New South Wales...........................................   | 468,000   |\n| Victoria..................................................   | 377,500   |\n| Queensland...............................................    | 197,500   |\n| South Australia............................................. | 123,500   |\n| Western Australia........................................... | 114,000   |\n| Tasmania.................................................    | 41,000    |\n| Total...............................................         | 1,321,500 |\n\n![](image.009.png)  \nSCHEDULE 9 Section 37\n\nSERVICE AND DEVELOPMENT ACTIVITIES\n\n| Column 1                                                     | Column 2   |\n| ------------------------------------------------------------ | ---------- |\n| Name of State                                                | Amounts    |\n|                                                              | $          |\n| New South Wales...........................................   | 5,231,500  |\n| Victoria..................................................   | 4,215,000  |\n| Queensland...............................................    | 2,211,500  |\n| South Australia............................................. | 1,386,500  |\n| Western Australia........................................... | 1,271,500  |\n| Tasmania.................................................    | 449,500    |\n| Total...............................................         | 14,765,500 |\n\n![](image.010.png)SCHEDULE 10 Section 63\n\nNEW SCHEDULES TO BE INSERTED IN THE STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977\n\n![](image.011.png)SCHEDULE 1 Section 7\n\nGOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS AND  \nRECURRENT EXPENDITURE\n\n| Column 1                              | Column 2                        | Column 3              | Column 4    |\n| ------------------------------------- | ------------------------------- | --------------------- | ----------- |\n| Name of State                         | Building and equipment projects | Recurrent expenditure | Totals      |\n|                                       | $                               | $                     | $           |\n| New South Wales....................   | 36,176,000                      | 80,020,000            | 116,196,000 |\n| Victoria...........................   | 31,396,500                      | 61,289,500            | 92,686,000  |\n| Queensland.........................   | 24,118,500                      | 21,157,000            | 45,275,500  |\n| South Australia...................... | 11,196,500                      | 19,680,500            | 30,877,000  |\n| Western Australia.................... | 10,287,500                      | 15,590,500            | 25,878,000  |\n| Tasmania..........................    | 3,321,000                       | 6,155,500             | 9,476,500   |\n| Totals.......................         | 116,496,000                     | 203,893,000           | 320,389,000 |\n\n![](image.012.png)SCHEDULE 2 Sections 6(2)(a) and 18\n\nRECURRENT EXPENDITURE—MIGRANT EDUCATION\n\n| Column 1                            | Column 2           | Column 3               | Column 4   |\n| ----------------------------------- | ------------------ | ---------------------- | ---------- |\n| Name of State                       | Government schools | Non-government schools | Totals     |\n|                                     | $                  | $                      | $          |\n| New South Wales.................... | 6,748,500          | 2,522,500              | 9,271,000  |\n| Victoria........................... | 8,927,000          | 2,782,500              | 11,709,500 |\n| Queensland......................... | 691,500            | 204,000                | 895,500    |\n\n  \nSCHEDULE 10—continued\n\n| Column 1                              | Column 2           | Column 3               | Column 4   |\n| ------------------------------------- | ------------------ | ---------------------- | ---------- |\n| Name of State                         | Government schools | Non-government schools | Totals     |\n|                                       | $                  | $                      | $          |\n| New South Wales....................   | 1,762,500          | 894,000                | 2,656,500  |\n| Western Australia.................... | 774,000            | 1,226,500              | 2,000,500  |\n| Tasmania..........................    | 359,500            | 13,500                 | 373,000    |\n| Totals.......................         | 19,263,000         | 7,643,000              | 26,906,000 |\n\n![](image.013.png)SCHEDULE 3 Sections 9, 22 and 27\n\nDISADVANTAGED SCHOOLS AND DISADVANTAGED COUNTRY AREAS\n\n| Column 1                 | Column 2                         | Column 3                             | Column 4                    | Column 5   |\n| ------------------------ | -------------------------------- | ------------------------------------ | --------------------------- | ---------- |\n| Name of State            | Disadvantaged government schools | Disadvantaged non-government schools | Disadvantaged country areas | Totals     |\n|                          | $                                | $                                    | $                           | $          |\n| New South Wales.......   | 6,285,500                        | 999,500                              | 1,259,500                   | 8,544,500  |\n| Victoria..............   | 6,470,000                        | 1,184,000                            | 715,500                     | 8,369,500  |\n| Queensland............   | 1,813,500                        | 161,000                              | 1,037,500                   | 3,012,000  |\n| South Australia......... | 1,776,000                        | 234,500                              | 339,500                     | 2,350,000  |\n| Western Australia....... | 1,036,500                        | 128,500                              | 722,000                     | 1,887,000  |\n| Tasmania.............    | 370,000                          | 55,500                               | 246,500                     | 672,000    |\n| Totals..........         | 17,751,500                       | 2,763,000                            | 4,320,500                   | 24,835,000 |\n\n![](image.014.png)SCHEDULE 4 Sections 11 and 24\n\nSPECIAL SCHOOLS\n\n| Column 1                              | Column 2                   | Column 3                       | Column 4   |\n| ------------------------------------- | -------------------------- | ------------------------------ | ---------- |\n| Name of State                         | Government special schools | Non-government special schools | Totals     |\n|                                       | $                          | $                              | $          |\n| New South Wales....................   | 4,412,500                  | 974,500                        | 5,387,000  |\n| Victoria..........................    | 2,964,000                  | 1,247,500                      | 4,211,500  |\n| Queensland........................    | 1,595,000                  | 705,000                        | 2,300,000  |\n| South Australia.....................  | 1,188,000                  | 111,000                        | 1,299,000  |\n| Western Australia.................... | 1,014,500                  | 154,500                        | 1,169,000  |\n| Tasmania.........................     | 420,000                    | –                              | 420,000    |\n| Totals......................          | 11,594,000                 | 3,192,500                      | 14,786,500 |\n\n![](image.015.png)  \nSCHEDULE 10—continued\n\nSCHEDULE 5 Section 15\n\nNON-GOVERNMENT SCHOOLS-BUILDING AND EQUIPMENT PROJECTS\n\n| Column 1                                                    | Column 2   |\n| ----------------------------------------------------------- | ---------- |\n| Name of State                                               | Amounts    |\n|                                                             | $          |\n| New South Wales..........................................   | 8,392,000  |\n| Victoria.................................................   | 8,160,500  |\n| Queensland..............................................    | 3,915,500  |\n| South Australia............................................ | 1,710,500  |\n| Western Australia.......................................... | 2,020,500  |\n| Tasmania................................................    | 641,500    |\n| Total..............................................         | 24,840,500 |\n\n![](image.016.png)SCHEDULE 6 Sections 16 and 17\n\nRECURRENT EXPENDITURE—LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SCHOOLS\n\n| Column 1                                   | Column 2                          | Column 3                            |\n| ------------------------------------------ | --------------------------------- | ----------------------------------- |\n| Level of assistance                        | Amount per primary school student | Amount per secondary school student |\n|                                            | $                                 | $                                   |\n| 1......................................... | 120                               | 184                                 |\n| 2......................................... | 154                               | 241                                 |\n| 3......................................... | 171                               | 269                                 |\n| 4......................................... | 205                               | 326                                 |\n| 5......................................... | 239                               | 382                                 |\n| 6......................................... | 282                               | 439                                 |\n\n![](image.017.png)SCHEDULE 7 Section 29\n\nRESIDENTIAL INSTITUTIONS\n\n| Column 1                                                  | Column 2  |\n| --------------------------------------------------------- | --------- |\n| Name of State                                             | Amounts   |\n|                                                           | $         |\n| New South Wales........................................   | 427,500   |\n| Victoria...............................................   | 342,500   |\n| Queensland............................................    | 189,500   |\n| South Australia.......................................... | 115,500   |\n| Western Australia........................................ | 105,000   |\n| Tasmania..............................................    | 43,000    |\n| Total............................................         | 1,223,000 |\n\n![](image.018.png)  \nSCHEDULE 10—continued\n\nSCHEDULE 8 Section 31\n\nSERVICE AND DEVELOPMENT ACTIVITIES\n\n| Column 1                                                    | Column 2   |\n| ----------------------------------------------------------- | ---------- |\n| Name of State                                               | Amounts    |\n|                                                             | $          |\n| New South Wales..........................................   | 5,257,500  |\n| Victoria.................................................   | 4,267,000  |\n| Queensland..............................................    | 2,205,000  |\n| South Australia............................................ | 1,411,500  |\n| Western Australia.......................................... | 1,261,000  |\n| Tasmania................................................    | 457,500    |\n| Total..............................................         | 14,859,500 |\n\n![](image.019.png)","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2587},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its core purpose of providing Commonwealth financial assistance to States for primary and secondary schooling. While it contains detailed operational provisions covering diverse educational needs (migrant education, multicultural programs, special schools, teacher development), these represent the implementation machinery of the school funding scheme rather than mission creep beyond the Act's original scope."},"complexity_factors":["42 defined terms in section 3, including nested definitions like 'non-systemic disadvantaged school' and multiple cross-referenced categories (government/non-government, primary/secondary, systemic/non-systemic, disadvantaged/special)","Three distinct funding pathways in separate Parts: Government schools (Part II), Non-government schools (Part III), and Joint programs (Part IV), each with different conditions","Complex money-flow architecture: Commonwealth → State → Approved Authority, with deeming provisions (section 3(8)) preventing double-counting of expenditures across agreements","Multiple ministerial discretion points requiring Gazette publication, declarations, approvals, and list variations (especially sections 18 and 19 regarding approved school systems)","9 Schedules containing specific dollar allocations for each State, with provisions for ministerial variation subject to aggregate caps (sections 7, 13, 17, 37)","Transitional provisions carrying over declarations and approvals from the previous States Grants (Schools Assistance) Act 1977 (sections 3(5)-(7), 4(7)-(9))","Dual approval pathways for special categories: some require State Education Minister notification with Commonwealth concurrence, others require direct Commonwealth Minister declaration"],"plain_english_summary":"**What this Act does**\n\nThis legislation provides a framework for the Commonwealth Government to give money to State governments to help fund schools. It covers both **government (public) schools** and **non-government (private/independent) schools**, including Catholic and other religious school systems.\n\n**Key areas of funding include:**\n\n*   **Building and equipment projects** – constructing, extending, or upgrading school buildings and buying equipment (but not housing for teachers or places of worship)\n*   **Day-to-day running costs** (recurrent expenditure) – paying teachers, utilities, and general operations\n*   **Special needs support** – extra funding for:\n    *   **Disadvantaged schools** serving communities facing economic, social, geographic, or cultural hardship\n    *   **Special schools** for children with disabilities\n    *   **Migrant education** – English language and cultural programs for children of migrants\n    *   **Multicultural education** – teaching languages other than English and celebrating overseas cultures\n    *   **Country schools** in disadvantaged rural areas\n    *   **Residential institutions** – education for children in welfare or correctional facilities\n\n**How the money flows**\n\nThe Commonwealth pays grants to States, but with strict conditions attached. States must either spend the money directly on government schools, or pass it on to **approved authorities** (like Catholic Education Offices or independent school councils) for non-government schools. Recipients must provide signed certificates proving they spent the money as intended, and may have to repay funds if they break the rules.\n\n**Special features**\n\n*   **Needs-based funding**: Non-government schools are assessed on their financial need and placed into one of six funding levels (Schedule 6), determining how much they receive per student\n*   **Emergency assistance**: Special short-term help for schools facing sudden enrollment drops (often rural schools losing students)\n*   **Teacher development**: Funds for training teachers, transferring teachers between schools for experience, and improving communication between government and non-government sectors\n*   **Innovation projects**: Grants for special projects that promote change or innovation in Australian education\n\n**Accountability and conditions**\n\nStates and school authorities must provide certificates from **authorized persons** or **qualified accountants** (registered auditors or chartered accountants) proving compliance. If conditions aren't met, the Minister can demand repayment of funds. The Act also allows the Minister to vary funding allocations between States during the year, provided the total national amount stays the same."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Section 3(1) — definition of 'Commonwealth Education Minister'","severity":"medium","reasoning":"A definition that defines a term as another term (which itself is undefined in the Act) provides no substantive content. Lawyers and administrators must rely entirely on external context or convention to determine who 'the Minister' actually is. While conventions of statutory interpretation (the administering Minister) fill the gap, the definition adds zero legal clarity and is, in effect, a circular loop.","confidence":0.85,"description":"The definition of 'Commonwealth Education Minister' is circularly defined as 'means the Minister', while 'Minister' is never independently defined in this Act. Every operative provision then refers to 'the Minister' or 'the Commonwealth Education Minister' interchangeably, making the definition a tautological non-definition."},{"type":"impossible_compliance","section":"Section 3(1) — definition of 'education centre'","severity":"medium","reasoning":"The definition treats a future event (incorporation) as though it grounds present legal status. If the anticipated incorporation does not occur, the body never qualified under the definition, yet no clawback mechanism is provided specifically for this scenario in the education centre provisions (section 40). The repayment condition in s.40(2)(b)(iii) only applies if conditions are not fulfilled, not if the body never validly qualified.","confidence":0.75,"description":"The definition of 'education centre' includes bodies corporate that the Minister 'is satisfied will, during the year to which this Act applies, become a body corporate'. Since the Act applies only to the year commencing 1 January 1979, a body that is not yet incorporated at the time the Minister forms his satisfaction may never actually incorporate during that year, yet grants may have already been authorised on the basis of that anticipated status. There is no mechanism to claw back grants if the body fails to incorporate."},{"type":"impossible_compliance","section":"Section 4(1)(b)(ii)","severity":"medium","reasoning":"The State Minister must comply with sub-paragraph (b)(ii) when notifying, but cannot know whether the condition is satisfied until the Commonwealth Minister has communicated the approved maximum. 'As soon as practicable' is an indefinite standard. States cannot act until the Commonwealth acts, creating a compliance bottleneck at the very start of the Act's operation. Furthermore, s.4(7) deems prior disadvantaged schools to be notified upon commencement — potentially before the approved maximum is set — creating a theoretical breach of s.4(1)(b)(ii) on day one.","confidence":0.8,"description":"A State Education Minister can only notify a government school as disadvantaged if the total student count at that school plus other disadvantaged schools does not exceed the approved maximum — but the approved maximum is determined by the Commonwealth Education Minister only 'as soon as practicable after the commencement of this Act' under s.4(3). This means the State Minister cannot lawfully make any notifications until the Commonwealth Minister has first acted, creating a sequential dependency that could paralyse the disadvantaged school identification process if the Commonwealth Minister delays."},{"type":"retroactive_impossibility","section":"Section 4(7) read with Section 4(1)(b)(ii)","severity":"high","reasoning":"The Act simultaneously (a) deems notifications to have been made on commencement, and (b) imposes a precondition on valid notifications that cannot be verified until after commencement. If the inherited disadvantaged school population from 1977 happens to exceed the maximum the Commonwealth Minister subsequently sets, the deemed notifications are retroactively invalid. This is a genuine logical impossibility baked into the transition provisions.","confidence":0.78,"description":"Section 4(7) deems that, upon commencement of the Act, the State Education Minister is taken to have notified the Commonwealth that all schools which were disadvantaged under the 1977 Act should be treated as disadvantaged under the 1978 Act. However, s.4(1)(b)(ii) requires that such a notification can only be given if the total student count at disadvantaged schools does not exceed the approved maximum — which is set by the Commonwealth Minister under s.4(3) only 'as soon as practicable' after commencement. The deemed notification under s.4(7) therefore occurs before the approved maximum is established, meaning the deemed notification may have been legally impossible to make validly if the pre-existing cohort exceeds the as-yet-unset maximum."},{"type":"retroactive_impossibility","section":"Section 7(3) and (4) — retroactive variation of Schedule amounts","severity":"high","reasoning":"A retrospective variation to grant caps is logically problematic: if the cap was lower than what was paid before the variation, the earlier payments were made in excess of the (retroactively applicable) cap, creating an implied breach. If higher, it pretends the higher cap always existed. Either way, treating the variation as applying 'from the commencing day' is a legal fiction that can conflict with payments already made and conditions already fulfilled. The same issue affects s.13(2),(3) for Schedule 4 and s.37(2) for Schedule 9.","confidence":0.82,"description":"Sections 7(3) and (4) allow the Commonwealth Education Minister to vary the dollar amounts in Schedule 1 at any time during 1979, with the direction deemed to have effect 'as from the commencing day' (i.e., 1 January 1978, the day of Royal Assent). This means a direction given late in 1979 is treated as though the Schedule always contained the varied amounts, retroactively altering the legal caps on grants that may have already been paid out. States and schools will have received and spent money under caps that are now retroactively different."},{"type":"retroactive_impossibility","section":"Section 13(2) and (3)","severity":"medium","reasoning":"Same structural flaw as s.7(3)/(4). Retroactive deemed variation of financial caps creates legal uncertainty about the validity of prior payments and compliance with conditions. Slightly lower severity than s.7 because special school grants are a smaller program.","confidence":0.8,"description":"Like s.7(3) and (4), ss.13(2) and (3) allow retroactive variation (deemed effective 'from the commencing day') of Schedule 4 amounts for special schools at any time during 1979. The same retroactivity paradox applies: variations made mid-year or late-year are treated as though they always existed, potentially invalidating or re-validating prior payments."},{"type":"other","section":"Section 5(3) — allowable pre-commencement expenditure","severity":"low","reasoning":"The arbitrary cut-off date is a quirk rather than a true impossibility, but it creates an irrational distinction between expenditure one day either side of 30 September 1978. The absence of any policy rationale for this specific date is an amusing legislative drafting artefact. Similar provision exists in s.16(3).","confidence":0.7,"description":"Section 5(3) allows a State to treat expenditure on building/equipment projects incurred 'after 30 September 1978 and before the commencement of this Act' as if it were incurred after commencement. Since s.2 states the Act commences on the day of Royal Assent, and the Act is No. 187 of 1978, commencement was sometime in late 1978. This creates a window of eligible retrospective expenditure. However, 'after 30 September 1978' was chosen apparently arbitrarily — there is no stated rationale, and expenditure from 1 October 1978 qualifies while identical expenditure from 29 September 1978 does not."},{"type":"other","section":"Section 56 — written instrument requirement","severity":"low","reasoning":"The Act imposes Commonwealth-style instrument requirements on notifications given by State Ministers, without clearly resolving which Commonwealth or State official has power to revoke such notifications under s.56. This is a drafting gap rather than a true absurdity, but it creates genuine ambiguity in administration.","confidence":0.65,"description":"Section 56 requires that every declaration, approval, authorisation, determination, direction or notification made under the Act be made 'by instrument in writing'. However, section 4(1) requires the State Education Minister to 'notify' the Commonwealth Education Minister, and section 4(3) requires the Commonwealth Education Minister to 'notify' the State Education Minister of the approved maximum. The notification by the State Education Minister (a State officer) is caught by s.56 only if it is made 'under, or for the purposes of, this Act' — which it is. But s.56 only empowers variation or revocation by 'the person authorised to make or give' the instrument, which for State notifications may not be clearly identified, creating ambiguity about who can revoke a State Education Minister's notification."},{"type":"impossible_compliance","section":"Section 57 — Minister's report","severity":"low","reasoning":"The reporting obligation and the compliance certificate deadlines are in mild tension: extensions to the 30 June 1980 deadline can be approved by the Minister, meaning information may not be available when the report is due. While 'as soon as practicable' gives flexibility, the Minister could technically be required to report on assistance whose application is still unverified.","confidence":0.6,"description":"Section 57 requires the Minister to cause a report on financial assistance granted under the Act to be tabled 'as soon as practicable after 30 June 1980'. The Act applies only to the year commencing 1 January 1979 (the 'year to which this Act applies'). Certificates of compliance are due by 30 June 1980. However, many compliance certificates may arrive on or near 30 June 1980 (or later, if the Minister approves an extension under provisions like s.5(2)(b)). The Minister cannot report on the application of assistance until compliance information is received, yet the report is due 'as soon as practicable' after 30 June 1980 — creating a situation where the report may be required before full information is available if extensions are granted."}],"contradictions":[{"severity":"medium","section_a":"Section 7(3) — variation of Schedule 1 amounts at request of 2+ States","section_b":"Section 7(4) — variation of Schedule 1 amounts at request of 1 State","confidence":0.75,"description":"Section 7(3) allows the Commonwealth Education Minister to vary columns 2 OR 3 of Schedule 1 at the request of 2 or more States. Section 7(4) allows variation of columns 2 AND 3 at the request of a single State. This creates an asymmetry: a single State can achieve a rebalancing between columns 2 and 3 for its own allocation (building vs recurrent), but 2+ States acting together can only shift amounts within column 2 or within column 3 across States, not vary both columns for a single State simultaneously under s.7(3). The practical effect is that a lone State has more flexibility in restructuring its allocation than multiple States acting together, which inverts the usual principle that collective action should be at least as powerful as individual action."},{"severity":"medium","section_a":"Section 3(1) — definition of 'student' ('means a full-time student')","section_b":"Sections 18(8)(d) and 19(8)(d) — grants for part-time students","confidence":0.85,"description":"The Act defines 'student' to mean exclusively a full-time student. However, ss.18(8)(d) and 19(8)(d) expressly provide for additional grant amounts where 'primary education or secondary education is provided at any systemic [or non-systemic] school for part-time students as well as for full-time students'. The per-student funding formula in ss.18(8)(a)-(b) and 19(8)(a)-(b) counts 'students' (i.e., full-time students only), but the Act simultaneously acknowledges and funds part-time students under (d). This creates a definitional contradiction: the Act's core funding mechanism counts only full-time 'students', while the Act explicitly recognises and provides supplementary funding for part-time students who are definitionally excluded from being 'students' at all."},{"severity":"low","section_a":"Section 14 — repayment condition for Part II (government schools)","section_b":"Section 46 — repayment condition for Part IV (joint programs)","confidence":0.7,"description":"Section 14 imposes a repayment obligation on States under Part II grants simply if 'the State does not fulfil a condition specified in the section'. Section 46 for Part IV imposes a similar obligation but explicitly carves out certain conditions: 'not being, in the case of section 40, the condition specified in paragraph (2)(c)' and similarly for section 44. Part II has no equivalent carve-outs, meaning States are potentially subject to a broader repayment obligation under Part II than under Part IV for structurally similar grant conditions. This inconsistency means the repayment regime is more onerous for government school grants than for joint program grants with equivalent structures."},{"severity":"medium","section_a":"Section 5(2)(a) — spending deadline for government school building/equipment grants (31 December 1979)","section_b":"Section 16(2)(b)(i) — spending deadline for non-government school building/equipment grants (31 December 1979)","confidence":0.9,"description":"Both sections impose the same 31 December 1979 commitment deadline for building and equipment project expenditure. However, s.5(3) allows States to treat pre-commencement expenditure (after 30 September 1978) as post-commencement for government school grants, while s.16(3) provides a similar (but not identically worded) allowance for non-government approved authorities. The s.16(3) provision omits the 30 September 1978 start date that applies in s.5(3) — s.16(3) simply says 'before the commencement of this Act' without any lower time bound. This means non-government school authorities can retrospectively count expenditure from any point before commencement, while States are limited to expenditure after 30 September 1978. This creates an unequal retrospective window between government and non-government recipients."},{"severity":"medium","section_a":"Section 4(6) — approval of education centres (requires membership not restricted to teachers)","section_b":"Section 3(1) — definition of 'education centre' (requires governing body majority to be employed teachers)","confidence":0.8,"description":"To be an 'education centre' at all, the definition in s.3(1) requires that a majority of the governing body members must be persons employed as teachers. However, to be approved as an 'approved education centre' under s.4(6), the Minister must be satisfied that 'membership of the centre is not restricted to teachers or teachers of a particular kind'. This creates a tension: the definitional requirement mandates teacher dominance of governance, while the approval condition mandates open membership. A body that has open membership (as required for approval) may find it difficult to maintain a teacher majority on its governing body (as required for the definition), since open membership dilutes the teacher composition. The two requirements pull in opposite directions."},{"severity":"medium","section_a":"Section 39 — aggregate limit on payments under s.38 to 'the States' ($103,000)","section_b":"Section 41 — aggregate limit on payments under s.40 to 'the States' ($1,409,000)","confidence":0.85,"description":"Sections 39 and 41 set aggregate limits across all States collectively (not per State), unlike most other limit provisions in the Act (e.g., ss.7, 9, 11, 13) which set per-State limits. There is no Schedule prescribing how the aggregate limits in ss.39 and 41 are to be apportioned among States, and no mechanism equivalent to the Schedule-variation provisions in ss.7 and 13. This means the Minister has unconstrained discretion to allocate the entire aggregate pool to one State, with no per-State floor or ceiling — inconsistent with the per-State allocation model used throughout the rest of the Act."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This Act is the 1979 instalment of a recurring annual Commonwealth schools funding statute — it follows the same structure and covers the same categories of assistance as the States Grants (Schools Assistance) Act 1977 and earlier predecessors. It does not expand the fundamental scope of Commonwealth schools assistance; it updates dollar figures, carries over existing declarations and approvals, and amends the 1977 Act's schedules. The addition of multicultural education and education centre funding reflects incremental policy evolution rather than a fundamental departure from the original purpose of channelling Commonwealth grants to States for primary and secondary schools."},"complexity_factors":["Approximately 40 defined terms in section 3(1), many of which cross-reference each other (e.g. 'systemic disadvantaged school' depends on 'systemic school', which depends on 'approved school system', which depends on 'non-government school')","10 multi-column financial schedules, each cross-referenced by different sections, requiring readers to move between sections and schedules constantly","Nested conditional logic throughout — grants are subject to conditions, which are themselves subject to sub-conditions, with exceptions and carve-outs (e.g. section 16(2)(b) conditions within conditions within conditions)","Double-counting prohibition in section 3(8)-(10) requires tracking money across multiple sections and prior Acts simultaneously","Transitional provisions in sections 3(5)-(10) and 4(7)-(9) incorporate declarations and approvals from the predecessor 1977 Act by deemed effect, requiring knowledge of that Act","Ministerial discretion is exercised at multiple points (approvals, declarations, determinations, caps, variations) with different procedural requirements for each","The Act operates at two levels simultaneously: amending the 1977 Act (Part VI and Schedule 10) while also establishing its own standalone regime for 1979","Flexible cap-variation mechanism in sections 7, 13 and 37 allows redistribution between States, subject to aggregate totals remaining unchanged — requires careful arithmetic tracking","Six funding programs for non-government schools (sections 16, 18, 19, 21-22, 24-25, 27) each with structurally similar but technically distinct multi-step payment and conditions chains","Cross-referencing between sections is pervasive — e.g. section 3(9) lists 10 separate paragraphs from 10 different sections that define 'relevant agreements'"],"plain_english_summary":"## What This Law Does\n\nThe **States Grants (Schools Assistance) Act 1978** is a Commonwealth law that authorises the federal government to hand money to the six Australian States to fund their schools for the calendar year 1979. Think of it as the annual federal education budget for schools, broken down by category and by State, with strict rules attached about how every dollar must be spent.\n\n---\n\n### Who Does It Affect?\n\n- **State governments**, who receive the grants and must comply with conditions on spending\n- **Government schools** (primary, secondary, special, and disadvantaged schools)\n- **Non-government schools** — but **not** private schools run for profit (e.g. Catholic, Anglican and independent schools that reinvest all funds)\n- **Migrant and multicultural communities**, whose children have specific programs funded under this Act\n- **Children in residential care** (e.g. welfare or correctional institutions)\n- **Teachers** attending professional development programs\n- **Approved education centres** — teacher professional development bodies\n\n---\n\n### What It Funds\n\nThe Act carves up Commonwealth education money into several clearly labelled buckets:\n\n- **Building and equipment projects** — construction, land purchase, extensions, and fitting-out of government and non-government schools (but *not* teacher housing or facilities primarily for religious worship)\n- **General recurrent (day-to-day) costs** — salaries, supplies, ongoing running costs of government schools\n- **Migrant education** — special English-language and culturally-adapted programs for migrant children at both government and non-government schools\n- **Multicultural education** — teaching languages other than English and culturally inclusive programs across all schools\n- **Disadvantaged schools** — extra funding for schools whose students, due to social, economic, ethnic, geographic, cultural or language barriers, have below-average capacity to benefit from ordinary schooling\n- **Disadvantaged country areas** — extra support for rural students facing similar disadvantage\n- **Special schools** — schools for children with disabilities or other special needs\n- **Residential institutions** — education for children living in welfare or correctional homes\n- **Service and development activities** — in-service teacher training and cross-sector collaboration between government and non-government teachers\n- **Teacher exchange programs** — temporary transfer of teachers between schools to broaden their skills\n- **Approved special projects** — innovation and change projects in primary or secondary education\n- **Approved education centres** — bodies run by teachers to improve teaching quality\n\n---\n\n### How the Money Flows\n\nThe funding chain has several steps and safeguards:\n\n1. The **Commonwealth Education Minister** authorises payment to each State, up to the dollar caps set out in the Schedules (tables) at the back of the Act.\n2. For **government schools**, the State must spend the money as directed and provide a certified statement confirming it did so.\n3. For **non-government schools**, the State passes the money to an **approved authority** (the school's governing body or the body running a school system), which must sign a legally binding agreement with the State to spend it correctly and repay any misspent funds.\n4. **Certified proof of spending** — either from an authorised State official or a qualified accountant — must be lodged with the Minister, generally by 30 June 1980.\n5. If a State or school authority **misuses the money**, it must repay it to the Commonwealth.\n\n---\n\n### Key Guardrails\n\n- Every funding category has a **maximum dollar cap**, broken down by State (e.g. NSW receives the largest share, Tasmania the smallest, reflecting population differences).\n- The Minister can **shift money between States** within a category if the States request it — as long as the total national pool for that category doesn't change.\n- Grants cannot be counted twice — money spent under one condition cannot also be counted under another.\n- Building projects funded under this Act **cannot** be used primarily for teacher housing or religious worship.\n- The Act also **amends the 1977 predecessor Act** to update the dollar figures in its schedules.\n\n---\n\n### Why It Matters\n\nThis Act is a snapshot of how the Commonwealth used its financial power (under section 96 of the Constitution, which allows grants to States on conditions) to shape education policy without directly running schools — which remain a State responsibility. It reflects the era's policy priorities: support for migrant communities, concern for disadvantaged students, and early efforts at multicultural education. The detailed conditions and repayment obligations ensured Commonwealth money could not simply vanish into State consolidated revenue."}},"importantCases":[],"_links":{"self":"/api/acts/states-grants-schools-assistance-act-1978","history":"/api/acts/states-grants-schools-assistance-act-1978/history","analysis":"/api/acts/states-grants-schools-assistance-act-1978/analysis","conflicts":"/api/acts/states-grants-schools-assistance-act-1978/conflicts","importantCases":"/api/acts/states-grants-schools-assistance-act-1978/important-cases","documents":"/api/acts/states-grants-schools-assistance-act-1978/documents"}}