30Minister not to authorise payment to a State for a non‑government body in certain circumstances

30 Minister not to authorise payment to a State for a non‑government body in certain circumstances

(1) The Minister must not authorise a payment to a State under this Act for a non‑government body unless the relevant authority of the non‑government body has made an agreement with the Commonwealth that: (a) complies with all the requirements of section 31, if the agreement is with the relevant authority for a non‑government school or for an approved school system; or (b) in any other case—includes the matters required by sections 34, 35, 37 and 38.

Note 1: Paragraph (a) requires compliance with section 31, which (in addition to the requirements set out in that section) requires compliance with sections 32 and 34 to 38, and paragraphs 56(2)(d), 58(4)(b) and 59(4)(e).

Note 2: An agreement may also include other provisions (see section 33).

(2) The agreement mentioned in subsection (1) may have been made before the commencement of this Act. (3) The Minister may refuse to authorise a payment to a State under this Act for a non‑government school, or for a non‑government school for a particular level of education, during any period when the State Minister does not recognise: (a) the school; or (b) the school for that level of education. (4) The Minister may refuse to authorise, or may delay, a payment to a State under this Act for a non‑government body if the relevant authority of the non‑government body is a body corporate: (a) that is being wound up; or (b) in respect of whose property a receiver has been appointed; or (c) whose affairs are under the control of a manager. (5) The Minister may refuse to authorise, or may delay, a payment to a State under this Act for a non‑government body if: (a) the relevant authority of the non‑government body is not a body corporate; and (b) the Minister considers that: (i) the liabilities of the relevant authority are substantially greater than its assets; or (ii) the relevant authority is (and is likely to continue for a substantial period to be) unable to pay its debts as and when they fall due for payment.