CTHRepealedLegislation
Australian Education Regulation 2013
30Block grant authorities
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#### 30 Block grant authorities
(1) For paragraph 85(2)(a) of the Act, a block grant authority for a school must spend, or commit to spend, financial assistance that is payable to the authority under Division 2 of Part 5 of the Act (capital funding):
(a) on capital expenditure in relation to a school for which the block grant authority is approved; and
(b) in accordance with:
(i) any written directions of the Minister; and
(ii) the Capital Grants Program Guidelines.
(2) The financial assistance must (subject to subsections (3) and (3A)) be spent, or committed to be spent:
(a) in the year in which the financial assistance is paid to the block grant authority; or
(b) before a day, or within a period, determined by the Minister for the block grant authority.
(3) Subsection (3A) applies to financial assistance that:
(a) is paid to a block grant authority in accordance with the Act; and
(b) is recovered from:
(i) savings on capital expenditure; or
(ii) capital expenditure that has not proceeded.
(3A) The financial assistance must be spent, or committed to be spent:
(a) on alternative capital expenditure, in relation to a school for which the block grant authority is approved:
(i) within 12 months of the financial assistance being recovered; or
(ii) before a day, or within a period, determined by the Minister for the block grant authority; and
(b) in accordance with:
(i) any written directions of the Minister; and
(ii) the Capital Grants Program Guidelines.
(4) The block grant authority may retain any interest earned on financial assistance that is payable to the authority under Division 2 of Part 5 of the Act. However, the block grant authority must spend, or commit to spend, the interest on capital expenditure in relation to a school for which the block grant authority is approved, in accordance with:
(a) any written directions of the Minister; and
(b) the Capital Grants Program Guidelines.
(5) For the purposes of subsections (1), (3A) and (4), the Minister may give written directions to a block grant authority.
Direction not legislative instrument
(6) A direction given under subsection (5) is not a legislative instrument.