29Approved authorities

29 Approved authorities

Recurrent funding (1) For the purposes of paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable to the authority in accordance with Division 2 of Part 3 of the Act (recurrent funding for schools) for the purpose of providing school education at a school for which the approved authority is approved. (2) Without limiting subsection (1), the purpose mentioned in that subsection includes the following: (a) salaries and other expenses relating to staff at the school, including expenses related to the professional development of the staff; (b) developing materials related to the school’s curriculum; (c) general operating expenses of the school; (d) maintaining the school’s land and buildings; (e) purchasing capital equipment for the school; (f) in any case—administrative costs associated with the authority’s compliance with the Act and this instrument. (3) Despite subsections (1) and (2), financial assistance must not be spent, or committed to be spent: (a) as security for any form of loan, credit, payment or other interest; or (b) for the preparation of, or in the course of, any litigation, except litigation by a State or Territory to recover a debt from an authority or body as mentioned in paragraph 11(4)(b); or (c) for a school other than a school whose capacity to contribute percentage is 0%—on any of the following: (i) the purchase of land or a building for the school; (ii) the construction of a building or a part of the building for the school; (iii) capital improvements for the school; (iv) any form of loan, credit or other interest in relation to expenditure mentioned in subparagraphs (i) to (iii).

Note: See subsection 54(1) of the Act for schools whose capacity to contribute percentage is 0%.

(4) The restriction in subparagraph (3)(c)(iv) does not extend to interest payments on the forms of loan, credit or other interest mentioned in that subparagraph. Special circumstances funding (5) For the purposes of paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable to the authority under section 69 of the Act (special circumstances funding) in accordance with any written directions of the Minister. (6) For the purposes of subsection (5), the Minister may give written directions to an approved authority. Time limit for spending, or committing to spend, funding (7) Financial assistance mentioned in subsection (1) or (5) must be spent, or committed to be spent: (a) in the year in which the financial assistance is paid to the approved authority; or (b) if a determination is made by the Minister under subsection (8) for the approved authority—before the day, or within the period, specified in the determination. (8) For the purposes of paragraph (7)(b), the Minister may determine, in writing, a day before, or a period within which, an approved authority must spend, or commit to spend, financial assistance mentioned in subsection (1) or (5). Interest earned on financial assistance (9) Any interest earned on financial assistance mentioned in subsection (1) or (5) must be spent, or committed to be spent, in the same way as the financial assistance.