States Grants (Education Assistance-Participation and Equity) Act 1983

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States Grants (Education Assistance—Participation and Equity) Act 1983

No. 118 of 1983

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

3. Objects

4. Interpretation

5. Years to which this Act applies

6. Approval of projects or programs that further objects of Act

PART II—GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS

7. Grants for expenditure in connection with approved projects or programs for government schools

8. Limit on grants under section 7 in respect of 1984

9. Additional conditions to which grants of financial assistance under section 7 subject

PART III—NON-GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS

10. Grants for expenditure in connection with approved projects or programs for systemic schools

11. Grants for expenditure in connection with approved projects or programs for non-systemic schools

12. Limit on grants under Part in respect of 1984

13. Additional conditions to which grants of financial assistance under sections 10 and 11 subject

TABLE OF PROVISIONS—continued

Section

PART IV—TECHNICAL AND FURTHER EDUCATION PROJECTS AND PROGRAMS

14. Grants for expenditure in connection with approved projects or programs for technical and further education institutions, &c.

15. Limit on grants under section 14 in respect of 1984

16. Additional conditions to which grants of financial assistance under section 14 subject

PART V—OTHER PROJECTS AND PROGRAMS

17. Grants for expenditure in relation to other approved projects or programs

18. Limit on grants in respect of 1984

19. Additional conditions to which grants of financial assistance under section 17 subject

PART VI—PROJECTS AND PROGRAMS OF NATIONAL SIGNIFICANCE

20. Grants for expenditure in relation to approved projects or programs of national significance

21. Limit on grants under section 20 in respect of 1984

22. Additional conditions to which grants of financial assistance under section 20 subject

PART VII—MISCELLANEOUS

23. Advisory committees

24. Limits on grants under Act in respect of 1985 and 1986

25. Transfer of amounts between Schedules 1 and 3

26. Minister may fix amounts, and times of payments, of financial assistance

27. Amounts repayable by the States to the Commonwealth

28. Advances

29. Payments to be made out of Consolidated Revenue Fund

30. Appropriation

31. Delegation by Minister

32. Determinations to be in writing, &c.

33. Report by Minister

34. Regulations

SCHEDULE 1

GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS—1984

SCHEDULE 2

NON-GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS —1984

SCHEDULE 3

TECHNICAL AND FURTHER EDUCATION PROJECTS AND PROGRAMS—1984

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States Grants (Education Assistance—Participation and Equity) Act 1983

No. 118 of 1983

An Act relating to the grant of financial assistance to the States and the Northern Territory for and in relation to the furthering of participation and equity in and in connection with schools and technical and further education institutions, and to other matters

[Assented to 21 December 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the States Grants (Education Assistance—Participation and Equity) Act 1983.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Objects

3. The objects of this Act are—

(a) to encourage all young persons to participate in education or training at schools or technical and further education institutions, or in other forms of education or training, until they have completed a secondary education or an equivalent course of education or training; and

(b) to ensure that, as far as practicable, the education and training provided in schools and technical and further education institutions are such as to offer all young persons equal opportunities to develop to the greatest extent possible their individual talents and abilities, and thereby to ensure, as far as practicable, more equitable outcomes of education for all young persons.

Interpretation

4. (1) In this Act, unless the contrary intention appears—

“approved auditor”, in relation to the furnishing of a statement for the purposes of a condition of a grant of financial assistance to a State under Part IV, means—

(a) the Auditor-General of the State; or

(b) a person (other than a person who is an officer of, or otherwise employed in, the instrumentality of the State that is responsible, or principally responsible, for the administration of technical and further education in the State) who is approved by the Minister as a person competent to furnish such a statement;

“approved authority”, in relation to an approved school system or a non-systemic school, means such person or body as the Minister declares to be the approved authority of that approved school system or of that non-systemic school, as the case may be;

“approved project or program” means a project or program in respect of which an approval by the Minister under sub-section 6 (1) is in force;

“approved project or program of national significance” means an approved project or program in respect of which a declaration by the Minister under sub-section 6 (3) is in force;

“approved school system” means a school system that is an approved school system for the purposes of the Schools Assistance Act;

“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, in a form approved for the purposes of the section by the Commonwealth Education Minister, signed by the person authorized by the State Education Minister of the State to sign that certificate;

“certificate by a qualified accountant” means a certificate signed by—

(a) a person who is registered as a company auditor or as a public accountant under a law in force in a State or Territory;

(b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or

(c) a person approved or deemed to have been approved by the Minister as a qualified accountant for the purposes of the Schools Assistance Act;

“co-educational school” means a school the students at which include male students and female students;

“Commonwealth Education Minister” means the Minister;

“government school” has the same meaning as that expression has in the Schools Assistance Act;

“non-government school” has the same meaning as that expression has in the Schools Assistance Act;

“non-systemic school” has the same meaning as that expression has in the Schools Assistance Act;

“school” has the same meaning as that expression has in the Schools Assistance Act;

“Schools Assistance Act” means the States Grants (Schools Assistance) Act 1983;

“State Education Minister” means—

(a) in relation to a State—the Minister of the Crown of the State who is responsible, or principally responsible, for the administration of matters relating to education in the State; and

(b) in relation to the Northern Territory—the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to education in the Northern Territory;

“systemic school” means a school that is a systemic school for the purposes of the Schools Assistance Act;

“technical and further education” has the same meaning as that expression has in the Commonwealth Tertiary Education Commission Act 1977;

“technical and further education institution” has the same meaning as that expression has in the Commonwealth Tertiary Education Commission Act 1977;

“the year 1984” means the year commencing on 1 January 1984;

“the year 1985” means the year commencing on 1 January 1985;

“the year 1986” means the year commencing on 1 January 1986.

(2) A reference in this Act to a State shall, unless the contrary intention appears, be read as including a reference to the Northern Territory and a reference in this Act to a Territory shall, unless the contrary intention appears, be read as not including a reference to the Northern Territory.

Years to which this Act applies

5. This Act applies to the year 1984, the year 1985 and the year 1986.

Approval of projects or programs that further objects of Act

6. (1) Where—

(a) a project or program is being, or is to be, carried out in Australia with the principal object of furthering the objects of this Act; and

(b) the Minister is satisfied that it is desirable that financial assistance in connection with the project or program be provided under this Act, the Minister may, subject to sub-section (2), approve the project or program.

(2) The Minister shall not approve a project or program under sub-section (1), being a project or program—

(a) to be carried out at, in connection with, or for the purposes of—

(i) a co-educational school or co-educational schools; or

(ii) a technical and further education institution or technical and further education institutions; or

(b) connected with the provision of technical and further education,

unless the Minister is satisfied—

(c) that the benefits of, and the opportunities created by, the project or program are, as far as practicable, equally available to male persons and female persons; or

(d) that an object of the project or program is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure that persons of that sex have equal opportunities with persons of the other sex in connection with education or training.

(3) Where the Minister approves a project or program under sub-section (1), the Minister may, if the Minister is satisfied—

(a) that the project or program is of national significance; and

(b) that it is desirable that financial assistance in connection with the project or program be provided under section 20,

make a declaration accordingly.

PART II—GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS

Grants for expenditure in connection with approved projects or programs for government schools

7. (1) Subject to sections 8, 18 and 24, the Minister may authorize the payment to a State under this section, in respect of a year to which this Act applies, by way of financial assistance to the State in respect of expenditure in connection with approved projects or programs carried out at, in connection with, or for the purposes of, government schools in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of a year to which this Act applies on the condition that the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section in respect of that year is applied by the State for the purpose of meeting expenditure, in respect of that year, in connection with approved projects or programs carried out at, in connection with, or for the purposes of, government schools in the State.

Limit on grants under section 7 in respect of 1984

8. The Minister shall not authorize payments to a State under section 7 in respect of the year 1984 that exceed, in the aggregate, the amount specified in column 2 of Schedule 1 opposite to the name of the State.

Additional conditions to which grants of financial assistance under section 7 subject

9. (1) Financial assistance is granted to a State under section 7 in respect of a year to which this Act applies on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June next after the end of that year or such later date as the Minister approves in relation to the grant)—

(a) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in sub-section 7 (2) has been fulfilled; and

(b) a statement, in accordance with a form approved by the Minister, that summarizes, in respect of government schools, the manner in which the amount applied by the State in pursuance of the condition so specified has been so applied.

(2) Financial assistance is granted to a State under section 7 in respect of a year to which this Act applies on the additional conditions that—

(a) if the State does not, in respect of that year, fulfil a condition specified in this Part with respect to that grant, 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 year) as the Minister specifies in the determination as the amount that should be repaid by the State; and

(b) if the sum of the amounts of the financial assistance paid to the State under section 7 in respect of that year exceeds the amount of that financial assistance that is properly payable to the State under that section in respect of that year, the State will pay to the Commonwealth an amount equal to the excess.

PART III—NON-GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS

Grants for expenditure in connection with approved projects or programs for systemic schools

10. (1) Subject to sections 12 and 24, the Minister may authorize the payment to a State under this section, in respect of a year to which this Act applies, by way of financial assistance to the State in respect of expenditure of an approved school system in the State in connection with approved projects or programs carried out at, in connection with, or for the purposes of, systemic

schools in the approved school system, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section, in respect of a year to which this Act applies, in respect of expenditure of an approved school system in the State in connection with approved projects or programs carried out at, in connection with, or for the purposes of, systemic schools in the approved school system, on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the approved school system, in respect of that year, an amount equal to each amount paid to the State under this section in respect of that year 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

(b) the State will not make a payment to the approved authority under this section in respect of that year unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister of the State to the effect that the approved authority has agreed with the Commonwealth to be bound by the following conditions:

(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 respect of that year is applied for the purpose of meeting expenditure, in respect of that year, of systemic schools in the approved school system, and of the approved authority in respect of those schools, in such proportions as the Commonwealth Education Minister determines, in connection with approved projects or programs carried out at, in connection with, or for the purposes of, those schools;

(ii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June next after the end of that year or such later date as the Commonwealth Education Minister approves)—

(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

(B) a statement in writing that contains such information in respect of approved projects or programs carried out at, in connection with, or for the purposes of, any systemic school or schools in the approved school system as is required by the Commonwealth Education Minister to be so furnished;

(iii) if the approved authority does not, in respect of that year, fulfil a condition specified in sub-paragraph (i) or (ii), the approved authority will, if the Commonwealth Education Minister so

determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in respect of that year) as the Commonwealth Education Minister determines should be paid by the approved authority.

Grants for expenditure in connection with approved projects or programs for non-systemic schools

11. (1) Subject to sections 12 and 24, the Minister may authorize the payment to a State under this section, in respect of a year to which this Act applies, by way of financial assistance to the State in respect of expenditure of a non-systemic school in the State in connection with an approved project or program carried out at, in connection with, or for the purposes of, the school, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section, in respect of a year to which this Act applies, in respect of expenditure of a non-systemic school in the State in connection with an approved project or program carried out at, in connection with, or for the purposes of, the school, on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school, in respect of that year, an amount equal to each amount paid to the State under this section in respect of that year 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

(b) the State will not make a payment to the approved authority under this section in respect of that year unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister of the State to the effect that the approved authority has agreed with the Commonwealth to be bound by the following conditions:

(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 respect of that year is applied for the purpose of meeting expenditure, in respect of that year, of the school in connection with an approved project or program carried out at, in connection with, or for the purposes of, the school;

(ii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June next after the end of that year or such later date as the Commonwealth Education Minister approves)—

(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

(B) a statement in writing that contains such information in respect of approved projects or programs carried out at, in connection with, or for the purposes of, the school as is required by the Commonwealth Education Minister to be so furnished;

(iii) if the approved authority does not, in respect of that year, fulfil a condition specified in sub-paragraph (i) or (ii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in respect of that year) as the Commonwealth Education Minister determines should be paid by the approved authority.

Limit on grants under Part in respect of 1984

12. The Minister shall not authorize payments to a State under this Part in respect of the year 1984 that exceed, in the aggregate, the amount specified in column 2 of Schedule 2 opposite to the name of the State.

Additional conditions to which grants of financial assistance under sections 10 and 11 subject

13. (1) Financial assistance is granted to a State under section 10 or 11 in respect of a year to which this Act applies on the additional conditions that—

(a) if the State does not, in respect of that year, fulfil a condition specified in that section with respect to that grant, 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 year in respect of the approved school system or the non-systemic school) as the Minister specifies in the determination as the amount that should be repaid by the State; and

(b) if—

(i) the sum of the amounts of the financial assistance paid to the State under section 10 in respect of that year; or

(ii) the sum of the amounts of the financial assistance paid to the State under section 11 in respect of that year,

exceeds the amount of that financial assistance that is properly payable to the State under section 10 or 11, as the case may be, in respect of that year, the State will pay to the Commonwealth an amount equal to the excess.

(2) Nothing in this Act shall be taken to authorize the recovery by the Commonwealth, in respect of financial assistance granted to a State under a section contained in this Part, of any amount from that State or of any amount under an agreement entered into for the purpose of a condition specified in that section in respect of that financial assistance, if the aggregate of that amount

and any amount previously recovered from that State in respect of that financial assistance, or previously recovered under such an agreement entered into in relation to that financial assistance, would exceed the amount of that financial assistance.

PART IV—TECHNICAL AND FURTHER EDUCATION PROJECTS AND PROGRAMS

Grants for expenditure in connection with approved projects or programs for technical and further education institutions, &c.

14. (1) Subject to sections 15, 18 and 24, the Minister may authorize the payment to a State under this section, in respect of a year to which this Act applies, by way of financial assistance to the State in respect of an approved project or program—

(a) carried out at, in connection with, or for the purposes of, a technical and further education institution or technical and further education institutions in the State; or

(b) connected with the provision of technical and further education in the State,

of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of a year to which this Act applies on the conditions that—

(a) the State will ensure that the total of the amounts expended in respect of that year by the State and by instrumentalities of the State, and the amounts paid by the State to other bodies, in connection with approved projects or programs of the kinds referred to in sub-section (1) is not less than the sum of the amounts of financial assistance paid to the State under this section in respect of that year;

(b) the State will furnish to the Minister, not later than 30 September next after the end of that year, a statement by an approved auditor, in accordance with a form approved by the Minister, as to—

(i) the expenditure by the State and by instrumentalities of the State in accordance with approved projects or programs of the kinds referred to in sub-section (1) in respect of that year; and

(ii) the payments made by the State to other bodies in connection with approved projects or programs of the kinds referred to in sub-section (1) in respect of that year; and

(c) the State will cause to be furnished to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the carrying out of approved projects or programs of the kinds referred to in sub-section (1) in that year.

Limit on grants under section 14 in respect of 1984

15. The Minister shall not authorize payments to a State under section 14 in respect of the year 1984 that exceed, in the aggregate, the amount specified in column 2 of Schedule 3 opposite to the name of the State.

Additional conditions to which grants of financial assistance under section 14 subject

16. Financial assistance is granted to a State under section 14 in respect of a year to which this Act applies on the additional conditions that—

(a) if the Minister notifies the State that the Minister is satisfied that the State has in respect of that year failed to fulfil a condition specified in that section with respect to that grant, the State will pay to the Commonwealth an amount equal to the amount of the financial assistance in respect of that year, or to such part of the amount of the financial assistance in respect of that year as the Minister specifies; and

(b) if the amount of the financial assistance paid to the State under section 14 in respect of that year exceeds the amount of that financial assistance that is properly payable to the State under that section in respect of that year, the State will pay to the Commonwealth an amount equal to the excess.

PART V—OTHER PROJECTS AND PROGRAMS

Grants for expenditure in relation to other approved projects or programs

17. (1) Subject to sections 18 and 24, the Minister may authorize the payment to a State under this section, in respect of a year to which this Act applies, by way of financial assistance to the State in respect of expenditure in relation to an approved project or program that is being, or is to be, carried out by or in the State (other than an approved project or program in relation to which a payment by way of financial assistance could be authorized by the Minister under section 7, 10, 11 or 14), of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of a year to which this Act applies in respect of expenditure in relation to an approved project or program on the conditions that—

(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 in respect of that year in relation to the approved project or program is applied by the State for the purpose of meeting expenditure in respect of that year in relation to the approved project or program;

(b) the State will cause to be furnished to the Minister (not later than 30 June next after the end of that year 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; and

(c) the State will cause to be furnished to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the carrying out of the approved project or program in that year.

Limit on grants in respect of 1984

18. (1) The Minister shall not authorize prescribed payments in respect of the year 1984 that exceed, in the aggregate, $68,231,000.

(2) In sub-section (1), “prescribed payment” means a payment to a State under section 7, 14 or 17.

Additional conditions to which grants of financial assistance under section 17 subject

19. Financial assistance is granted to a State under section 17 in respect of a year to which this Act applies on the additional conditions that—

(a) if the Minister notifies the State that the Minister is satisfied that the State has in respect of that year failed to fulfil a condition specified in that section with respect to that grant, the State will pay to the Commonwealth an amount equal to the amount of the financial assistance in respect of that year, or to such part of the amount of the financial assistance in respect of that year as the Minister specifies; and

(b) if the amount of the financial assistance paid to the State under section 17 in respect of that year exceeds the amount of that financial assistance that is properly payable to the State under that section in respect of that year, the State will pay to the Commonwealth an amount equal to the excess.

PART VI — PROJECTS AND PROGRAMS OF NATIONAL SIGNIFICANCE

Grants for expenditure in relation to approved projects or programs of national significance

20. (1) Subject to sections 21 and 24, the Minister may authorize the payment to a State under this section, in respect of a year to which this Act applies, by way of financial assistance to the State in respect of expenditure in relation to an approved project or program of national significance that is being, or is to be, carried out by or in the State (including an approved project or program that is being, or is to be, carried out together with, or as part of, an approved project or program that is being, or is to be, carried out by or in another State or by the Commonwealth or in a Territory), of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of a year to which this Act applies in respect of expenditure in relation to an approved project or program of national significance on the conditions that—

(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 in respect of that year is applied by the State for the purpose of meeting expenditure in respect of that year in relation to the approved project or program of national significance;

(b) the State will cause to be furnished to the Minister, not later than 30 June next after the end of that year 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; and

(c) the State will cause to be furnished to the Minister, not later than such date as the Minister specifies, such statistical and other information as the Minister requires in respect of the carrying out of the approved project or program of national significance in that year.

Limit on grants under section 20 in respect of 1984

21. The Minister shall not authorize payments to the States under section 20 in respect of the year 1984 that exceed, in the aggregate, $654,000.

Additional conditions to which grants of financial assistance under section 20 subject

22. Financial assistance is granted to a State under section 20 in respect of a year to which this Act applies on the additional conditions that—

(a) if the Minister notifies the State that the Minister is satisfied that the State has in respect of that year failed to fulfil a condition specified in that section with respect to that grant, the State will pay to the Commonwealth an amount equal to the amount of the financial assistance in respect of that year, or to such part of the amount of the financial assistance in respect of that year as the Minister specifies; and

(b) if the amount of the financial assistance paid to the State under section 20 in respect of that year exceeds the amount of that financial assistance that is properly payable to the State under that section in respect of that year, the State will pay to the Commonwealth an amount equal to the excess.

PART VII—MISCELLANEOUS

Advisory committees

23. (1) The Commonwealth Education Minister shall not, after 29 February 1984, authorize a payment to a State under section 7, 14 or 17—

(a) unless the State Education Minister of the State has established a committee that consists of persons appointed by the State Education

Minister and is an appropriately constituted committee in relation to the State for the purposes of this section, to perform the following functions:

(i) to advise on the development of government projects or programs in relation to the State for submission to the Commonwealth Education Minister for approval under section 6;

(ii) to advise on the implementation, in the State, of government projects or programs that are approved projects or programs; or

(b) if, at any time after the establishment of a committee for the purposes of paragraph (a), the Commonwealth Education Minister gives notice to the State Education Minister concerned that the Commonwealth Education Minister is of the opinion that the committee has ceased to be an appropriately constituted committee for the purposes of this section—until the committee again becomes an appropriately constituted committee.

(2) A committee is an appropriately constituted committee in relation to a State for the purposes of this section if—

(a) the committee consists only of persons appointed to represent such organizations, and such interested bodies of persons, as are approved in relation to the State by the Commonwealth Education Minister for the purposes of this section; and

(b) the number of members of the committee appointed to represent each such organization or interested body of persons is equal to the number fixed by the Commonwealth Education Minister in relation to that organization or interested body of persons in relation to the State for the purposes of this section.

(3) The Minister shall establish, for each State, a committee consisting of persons appointed by the Minister, to perform, in relation to that State, the following functions:

(a) to advise on the development of non-government projects or programs in relation to the State for submission to the Minister for approval under section 6;

(b) to advise on the implementation, in the State, of non-government projects or programs that are approved projects or programs.

(4) Nothing in sub-section (1) or (3) shall be taken to prohibit a committee established for the purposes of paragraph (1) (a) or sub-section (3), as the case may be, from performing any other function in addition to the functions referred to in that paragraph or sub-section, as the case may be.

(5) In this section—

“government project or program”, in relation to a State, means a project or program carried out, or to be carried out, in the State, other than a non-government project or program;

“non-government project or program”, in relation to a State, means a project or program carried out, or to be carried out, at, in connection with, or for the purposes of, a non-government school or non-government schools in the State.

Limits on grants under Act in respect of 1985 and 1986

24. (1) The Minister shall not authorize payments under this Act in respect of the year 1985 that exceed, in the aggregate, $73,408,000.

(2) The Minister shall not authorize payments under this Act in respect of the year 1986 that exceed, in the aggregate, $73,408,000.

Transfer of amounts between Schedules 1 and 3

25. (1) Subject to sub-section (2), the Commonwealth Education Minister may, at the request of the State Education Minister of a State, declare that this Act shall have effect as if there were substituted for the amount in Column 2 of Schedule 1, and the amount in Column 2 of Schedule 3, opposite to the name of the State such other amounts as are respectively specified in the declaration, being amounts the sum of which is equal to the sum of the first-mentioned amount and the second-mentioned amount and, where the Minister so declares, this Act shall have effect accordingly.

(2) The Minister shall not, in a declaration under sub-section (1), specify, as the amount to be substituted for the amount in Column 2 of Schedule 1, or Column 2 of Schedule 3, opposite to the name of a State, an amount that is less than the sum of the amounts of the payments to the State that have previously been authorized by the Minister in respect of the year 1984 under section 7 or 14, as the case may be.

Minister may fix amounts, and times of payments, of financial assistance

26. 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.

Amounts repayable by the States to the Commonwealth

27. 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.

Advances

28. 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 accoint 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.

Payments to be made out of Consolidated Revenue Fund

29. Payments to a State under this Act may be made out of the Consolidated Revenue Fund.

Appropriation

30. The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act.

Delegation by Minister

31. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to—

(a) the Commonwealth Schools Commission referred to in section 4 of the Commonwealth Schools Commission Act 1973 or a full-time member or full-time members of the Commonwealth Schools Commission;

(b) the Commonwealth Tertiary Education Commission referred to in section 6 of the Commonwealth Tertiary Education Commission Act 1977 or the Commissioner of that Commission referred to in paragraph 10 (1) (d) of that Act; or

(c) an officer of the Australian Public Service,

all or any of the Minister’s powers under this Act, other than this power of delegation.

(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.

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

Determinations to be in writing, &c.

32. Any declaration, approval, authorization, determination 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 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 or notification.

Report by Minister

33. The Minister shall, as soon as practicable after 30 September next after each year to which this Act applies, cause a report with respect to the financial assistance granted by the Minister under this Act in respect of that year, and with respect to the application of that financial assistance, to be laid before each House of the Parliament.

Regulations

34. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters—

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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SCHEDULE 1 Sections

GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS—1984

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SCHEDULE 2 Section 12

NON-GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS—1984

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SCHEDULE 3 Section 15

TECHNICAL AND FURTHER EDUCATION PROJECTS AND PROGRAMS—1984