7Agreements with ATC authorities for ATCs

7 Agreements with ATC authorities for ATCs

(1) The Minister may determine that a body is the ATC authority for an ATC. (2) The Minister must not authorise a payment of financial assistance under this Act to an ATC authority for the establishment or operation of an ATC as a non‑government school unless a written agreement is in force between the ATC authority and the Commonwealth that sets out the following conditions: (a) either: (i) a condition that, while the agreement is in force, the ATC be a school of a kind in respect of which financial assistance is payable under Parts 4 and 5 of the Schools Assistance Act 2008; or (ii) if, when the agreement commences, financial assistance is not so payable—a condition that the ATC be a school of a kind in respect of which financial assistance will be payable under those Parts by the date specified in the agreement, and for the remainder of the period that the agreement is in force; (b) a condition that the payments received under the agreement be spent for the establishment or operation of the ATC; (c) the conditions mentioned in Division 2 (other than subsection 8(2)). (3) An agreement may also specify other conditions, and that the payments under this Act are made on those conditions. (4) In addition to the conditions specified in the agreement, the Minister may determine eligibility criteria for the payment of financial assistance under this Act to the ATC authority. (5) In determining eligibility criteria, the Minister must have regard to the object of this Act.