States Grants (Schools Assistance) Act 1982

SCHEDULE 1

SCHEDULE 2

GOVERNMENT SCHOOLS—GENERAL EDUCATION IN ENGLISH AS A SECOND

LANGUAGE

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

MULTICULTURAL EDUCATION

SCHEDULE 10

SCHEDULE 11

SCHEDULE 12

NEW SCHEDULES TO BE SUBSTITUTED FOR THE SCHEDULES TO THE STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981

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States Grants (Schools Assistance) Act 1982

No. 129 of 1982

An Act relating to the grant of financial assistance to the States and the Northern Territory for and in relation to schools and other matters

[Assented to 13 December 1982]

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 (Schools Assistance) Act 1982.

Commencement

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

Interpretation

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

“approved authority”, in relation to an approved school system, a non-government school or a non-government centre, means such

person or body as the Minister declares to be the approved authority of that school system, of that school or of that centre, as the case may be, for the purposes of this Act;

“approved education centre” means an education centre approved by the Minister under sub-section 4 (7);

“approved ethnic schools authority” means a body approved by the Minister under section 37 as an approved ethnic schools authority for the purposes of this Act;

“approved professional development activities” means—

(a) in-service teacher training;

(b) inquiries into the feasibility of providing support services for government schools and non-government schools in a State, or the planning of such support services; or

(c) activities the purpose of which is to improve communication and understanding between teachers at government schools and teachers at non-government schools in a State, other persons employed at, or associated with the administration of, those schools, and students, and parents of students, at, and other members of the community interested in education at, those schools;

“approved school system” means a school system in a State, or in a part of a State, that consists of non-government schools and that the Minister declares to be an approved school system for the purposes of this Act;

“building” includes part of a building;

“building project” includes—

(a) the investigation of the need for—

(i) schools, or schools of particular kinds, in a State or a part of a State; or

(ii) a building or other facilities;

(b) the purchase of land, with or without buildings;

(c) the planning, erection, alteration or extension of a building or other facilities;

(d) the development or preparation of land for building or other purposes; and

(e) the installation of water, electricity or other services;

“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 signed by the person authorized by the State Education Minister for 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 a public accountant under a law of a State or Territory;

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

(c) a person approved by the Minister as a qualified accountant for the purposes of this Act;

“child” includes young person;

“commencing day” means the day on which this Act receives the Royal Assent;

“Commonwealth Education Minister” means the Minister;

“Commonwealth Schools Commission” means the Commonwealth Schools Commission referred to in section 4 of the Commonwealth Schools Commission Act 1973;

“disadvantaged school” means—

(a) a government school in a State that the State Education Minister for the State notifies the Commonwealth Education Minister, under sub-section 4 (1), is a school that should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act; or

(b) a non-government school in a State that the Minister declares, under sub-section 4 (2), to be a disadvantaged school for the purposes of this Act;

“education centre” means a body corporate, or a body of persons that the Minister is satisfied will, during the year 1983, become a body corporate—

(a) the members, or a majority of the members, of the governing body of which are persons employed as teachers at government schools or non-government schools;

(b) the sole or principal object of which is to improve the professional competence of teachers by methods that include the provisions of in-service teacher training; and

(c) which is not conducted for the profit, direct or indirect, of an individual or individuals;

“education in English as a second language for eligible new arrivals” means education that is provided for the purpose of teaching, by means of intensive instruction, the English language to eligible new arrivals;

“eligible new arrival” means a person whose first language is a language (not being the English language) of a country other than Australia and who arrived in Australia after 31 July 1982;

“equipment project” means a project for or in relation to the provisions of equipment, library material or furniture and includes a project for obtaining services or goods relating to the cataloguing of a library;

“general education in English as a second language” means education that is provided—

(a) for the purpose of teaching the English language to persons whose first language is a language (not being the English language) of a country other than Australia; and

(b) for the purpose of giving instruction to those persons and other persons in relation to the various cultures of peoples who have migrated to Australia;

“government centre” means a centre in a State providing special education that is conducted by or on behalf of the Government of the State;

“government disadvantaged school” means a government primary school, or a government secondary school, that is a disadvantaged school;

“government primary school” means—

(a) a government school at which primary education is provided or a proposed government school at which primary education is to be provided; or

(b) in the case of a government school at which primary education, and also education other than primary education, are provided—that school in so far as it provides primary education;

“government school” means a school in the State that is conducted, or proposed to be conducted, by or on behalf of the Government of the State;

“government secondary school” means—

(a) a government school at which secondary education is provided or a proposed government school at which secondary education is to be provided; or

(b) in the case of a government school at which secondary education, and also education other than secondary education, are provided—that school in so far as it provides secondary education;

“in-service teacher training” means teacher training of persons in employment as teachers at government schools or non-government schools;

“integration activities” means activities the purpose of which is to integrate handicapped children into schools, or other places of education approved by the Minister, for the purposes of this definition, at which education is provided for children other than handicapped children;

“library material” includes books, periodicals, newspapers, films, sound recordings, musical scores, maps, plans, pictures, photographs and prints;

“multicultural education” means education, not being education contained in a program of ethnic education, that is provided for students attending government or non-government schools and that is designed to take account of the culture of peoples of the Aboriginal race of Australia or of peoples who have migrated to Australia, including, without limiting the generality of the foregoing, education that is provided by way of instruction in languages (other than the English language) spoken by those peoples;

“non-government centre” means a centre in a State providing special education that is not conducted by or on behalf of the Government of the State, but does not include a centre conducted for the profit, direct or indirect, of an individual or individuals;

“non-government disadvantaged school” means a school that is a systemic disadvantaged school or a non-systemic disadvantaged school;

“non-government primary school” means—

(a) a non-government school in a State at which primary education is provided or a proposed non-government school in a State at which primary education is to be provided; or

(b) in the case of a non-government school at which primary education, and also education other than primary education, are provided—that school in so far as it provides primary education;

“non-government school” means a school in a State that is not conducted, or proposed to be conducted, by or on behalf of the Government of the State, but does not include a school conducted, or proposed to be conducted, for the profit, direct or indirect, of an individual or individuals;

“non-government secondary school” means—

(a) a non-government school in a State at which secondary education is provided or a proposed non-government school in a State at which secondary education is to be provided; or

(b) in the case of a non-government school at which secondary education, and also education other than secondary education, are provided—that school in so far as it provides secondary education;

“non-systemic disadvantaged school” means a non-systemic school that is a disadvantaged school;

“non-systemic school” means a non-government primary school, or a non-government secondary school, that is not a systemic school;

“prescribed country area” means an area in a State that the State Education Minister for the State notifies the Commonwealth Education Minister, under sub-section 4 (4), is an area that should, in the opinion of the State Education Minister, be treated as a prescribed country area for the purposes of this Act;

“previous schools assistance Act” means the States Grants (Schools Assistance) Act 1981 or any other Act that came into operation before the commencing day and provided, or provides, for the granting of financial assistance to the States, or to the States and the Northern Territory, in relation to schools;

“primary education”, in relation to a non-government school in a State, means education of a kind similar to that provided for students at government primary schools in the State;

“program of ethnic education” means a program of instruction, on a part-time basis, the purpose of which is to teach students undertaking the program a language (not being the English language) that is the first language of peoples who have migrated to Australia, either alone or together with ethnic cultural instruction related to people speaking that language as their first language, other than such a program in which political or religious instruction is predominant;

“recurrent expenditure” means expenditure other than capital expenditure;

“residential institution” means an institution or home in a State that (whether or not it is an institution or home at which primary education or secondary education is also provided) provides residential care for children and is conducted for welfare, correctional or similar purposes, being an institution or home that the Commonwealth Education Minister, having regard to any advice furnished to him by the State Education Minister for the State in relation to the institution or home, declares to be a residential institution for the purposes of this Act;

“school” includes a proposed school, or an institution or proposed institution similar to a school, but does not include—

(a) a school or institution at which education is provided at a standard (however described) that is pre-school standard only or a proposed school or institution at which it is proposed that education be provided at a standard (however described) that is pre-school standard only; or

(b) where the State Education Minister for a State notifies the Commonwealth Education Minister that a specified school or institution in the State is not recognized by the State Education Minister as a school and the Commonwealth Education Minister does not approve the school or institution as a school for the purposes of this Act—that school or institution;

“school in need of short-term emergency assistance” means a school that the Minister declares, under sub-section 4 (5) or (6), to be a school in need of short-term emergency assistance for the purposes of this Act;

“schools census date”, in relation to a State, means the date in the year 1983 as at which the Australian Statistician compiles statistics in relation to the numbers of students in schools in the State;

“secondary education”, in relation to a non-government school in a State, means education of a kind similar to that provided for students at government secondary schools in the State;

“severely handicapped child” means a handicapped child for whom, by reason of his disability, enrolment at a school or centre providing education specified in paragraph (a) of the definition of “special education”, or at a school providing education other than such education, is not appropriate, or, in the case of a handicapped child in a State who has not reached the age at which children are required by a law of that State to attend school, will not be, or is unlikely to be, appropriate.

“special education” means—

(a) education under special programs designed specifically for handicapped children that is provided in classes conducted at schools, or in classes conducted at centres other than schools being classes similar to classes conducted at schools under such programs; or

(b) education under special programs designed specifically for handicapped children, being children in a State who have not reached the age at which children are required by a law of that State to attend school;

“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 primary education and secondary 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 primary education and secondary education in the Northern Territory;

“student” means—

(a) in relation to a program of ethnic education—

(i) a person who is undertaking primary education or secondary education at a government school or a non-government school; or

(ii) a person (other than a person referred to in sub-paragraph (i) or a person who has attained, or will, before 1 January 1984, attain, the age of 20 years) who is undertaking, either on a full-time basis or on a part-time basis, technical and further education within the meaning of that expression in the Commonwealth Tertiary Education Commission Act 1977 at an institution that is a technical and further education institution within the meaning of that expression in that Act; or

(b) in any other case—a full-time student;

“systemic disadvantaged school” means a systemic school that is a disadvantaged school;

“systemic school” means a non-government primary school, or a non-government secondary school, that is included in an approved school system and that the Minister declares to be a systemic school for the purposes of this Act;

“year” means a year commencing on 1 January.

(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.

(3) References in this Act to government primary schools, government secondary schools, non-government primary schools, non-government secondary schools, systemic schools and non-systemic schools shall not be taken, by reason of the express references in this Act to special education, as not including references to such schools at which special education is provided.

(4) A reference in this Act to a building project shall, except where the context otherwise requires, be read as including a reference to a project that is in part a building project and in part an equipment project.

(5) Unless the contrary intention appears—

(a) references in this Act to government primary schools and to government secondary schools shall not be taken, by reason of the express references in this Act to government disadvantaged schools and to residential institutions, as not including references to disadvantaged schools and residential institutions that are government primary schools or government secondary schools;

(b) references in this Act to non-government primary schools and to non-government secondary schools shall not be taken, by reason of the express references in this Act to non-government disadvantaged schools and to residential institutions, as not including references to disadvantaged schools and residential institutions that are non-government primary schools or non-government secondary schools;

(c) references in this Act to systemic schools shall not be taken, by reason of the express references in this Act to systemic disadvantaged schools and to residential institutions, as not including references to disadvantaged schools and residential institutions that are systemic schools; and

(d) references in this Act to non-systemic schools shall not be taken, by reason of the express references in this Act to non-systemic disadvantaged schools and to residential institutions, as not including references to disadvantaged schools and residential institutions that are non-systemic schools.

(6) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of the definition of “approved authority”, “approved school system”, “residential institution” or “systemic school” in sub-section 3 (1) of the States Grants (Schools Assistance) Act 1981, the declaration shall, on and after that day, be deemed to be a declaration made under this Act for the purposes of the definition of “approved authority”, “approved school system”, “residential institution” or “systemic school”, as the case requires, in sub-section (1) of this section.

(7) For the purposes of this Act, where, immediately before the commencing day, an approval was in force for the purposes of paragraph (c) of

the definition of “certificate by a qualified accountant” in sub-section 3 (1) of the States Grants (Schools Assistance) Act 1981, the approval shall, on and after that day, be deemed to be an approval given under this Act for the purposes of paragraph (c) of the definition of “certificate by a qualified accountant” in sub-section (1) of this section.

(8) For the purposes of this Act, the reference in paragraph (b) of the definition of “building project” in sub-section (1) to the purchase of land, with or without buildings, shall, in relation to building projects in connection with non-government primary schools and non-government secondary schools, be read as including a reference to the taking on lease of land or buildings.

(9) For the purposes of this Act—

(a) where moneys have been applied for a purpose, being the purpose of meeting expenditure of a particular kind, the moneys shall not be treated as having been applied for that purpose in pursuance of a condition specified in a section of this Act that requires a State to ensure that an amount is applied for that purpose—

(i) if the moneys have been treated by the State, or will be treated by the State, as having been applied for that purpose in pursuance of a condition specified in another section of this Act that also requires the State to ensure that an amount is applied for that purpose; or

(ii) if the moneys were applied for that purpose in pursuance of a condition subject to which financial assistance was granted to the State under a previous schools assistance Act; and

(b) where moneys have been applied for a purpose, being the purpose of meeting expenditure of a particular kind, the moneys shall not be treated as having been applied for that purpose in pursuance of a condition of a relevant agreement between a State and an approved authority—

(i) if the moneys have been treated by the approved authority, or will be treated by the approved authority, as having been applied for that purpose in pursuance of another condition of that agreement, or of a condition of another relevant agreement between the State and the approved authority, that also requires the approved authority to ensure that an amount is applied for that purpose; or

(ii) if the moneys were applied for that purpose in pursuance of a condition of an agreement between the State and the approved authority, being an agreement made for the purposes of a condition subject to which financial assistance was granted to the State under a previous schools assistance Act.

(10) In sub-section (9), a reference to a relevant agreement between a State and an approved authority shall be read as an agreement made between a State and an approved authority for the purposes of the condition specified in paragraph 19 (2) (b), 21 (9) (b), 22 (9) (b), 24 (2) (b), 25 (2) (b),

27 (2) (b), 28 (2) (b), 29 (2) (b), 30 (2) (b), 32 (3) (c), 39 (2) (b) or 49 (2) (b).

(11) In sub-sections (9) and (10), a reference to an approved authority shall be read as a reference to an approved authority of a non-government school, an approved authority of an approved school system, an approved authority of a non-government centre, a governing body of an approved education centre or an approved ethnic schools authority, as the case requires.

(12) For the purposes of this Act, a building project or equipment project that has been, is being or is to be carried out for purposes connected with a school, an approved education centre or the education of certain students shall be treated as a building project or equipment project in connection with the school, the approved education centre or the education of those students, as the case may be, notwithstanding that it is also being carried out for other educational purposes or for community purposes.

Schools and areas with respect to which special provision is made, &c.

4. (1) Where—

(a) the students, or a substantial number of the students, at a government school in a State are members of a community that is, for social, economic, ethnic, geographic, cultural or lingual reasons, or for similar reasons, of such a kind that the capacity of the students to take advantage of educational opportunities ordinarily available at schools in the State is below average; and

(b) the State Education Minister for the State is of the opinion that—

(i) the school should, for any of the reasons referred to in paragraph (a), be treated as a disadvantaged school for the purposes of this Act; and

(ii) the total number of students at that school, and at other schools in the State that are or may become government disadvantaged schools, is not, and will not be, at any time during the year 1983, greater than the number of students that the Commonwealth Education Minister has, under sub-section (3), informed the State Education Minister is the approved maximum number of students in relation to government disadvantaged schools in that State in respect of that year,

the State Education Minister may notify the Commonwealth Education Minister that the school should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act.

(2) Where—

(a) the students, or a substantial number of the students, at a non-government school in a State are members of a community that is, for social, economic, ethnic, geographic, cultural or lingual reasons, or for similar reasons, of such a kind that the capacity of the students to take advantage of educational opportunities ordinarily available at schools in the State is below average; and

(b) the Commonwealth Education Minister is of the opinion that the school should, for any of the reasons referred to in paragraph (a), be treated as a disadvantaged school for the purposes of this Act,

the Commonwealth Education Minister may declare the school to be a disadvantaged school for the purposes of this Act.

(3) As soon as practicable after the commencement of this Act, the Commonwealth Education Minister shall determine, in relation to each State, the number of students that is, for the purposes of sub-section (1), the approved maximum number of students in relation to government disadvantaged schools in the State in respect of the year 1983, and shall notify the State Education Minister of that number.

(4) Where, in the opinion of the State Education Minister for a State, a country area of the State should be treated as a prescribed country area by reason that the students, or a substantial number of the students, receiving primary education or secondary education in the area would benefit from—

(a) programs of education designed to alleviate educational disadvantages arising from the restricted access of the students to social and cultural activities and to educational services; or

(b) experimental programs of education designed to improve the ways of providing educational services to students in country areas,

the State Education Minister may notify the Commonwealth Education Minister that the area should, in the opinion of the State Education Minister, be treated as a prescribed country area for the purposes of this Act.

(5) Where the Minister is of the opinion that a non-government school in a State is, by reason of some unexpected event or circumstance, in special need of short-term emergency assistance, the Minister may declare the school to be a school in need of short-term emergency assistance for the purposes of this Act.

(6) Without limiting the generality of sub-section (5), where the Minister is of the opinion that—

(a) there is ordinarily included amongst the students at a non-government school in a State a substantial number of students from the country; and

(b) the school is, by reason of a decline in enrolments at the school of students of that kind or for any other reason that the Minister considers appropriate, in special need of short-term emergency assistance,

the Minister may declare the school to be a school in need of short-term emergency assistance for the purposes of this Act.

(7) Where the Minister is satisfied that the membership of an education centre is not restricted to teachers or teachers of a particular kind and the centre provides opportunities for parents of students at schools, and other persons interested in education, to take part in, and to assist in, activities of the centre, the Minister may approve the education centre for the purposes of this Act.

(8) Where, immediately before the commencing day, a government school in a State was a disadvantaged school within the meaning of the States Grants (Schools Assistance) Act 1981, the State Education Minister for the State shall, on that day, be deemed to have notified the Commonwealth Education Minister under sub-section (1) of this section that the school should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act.

(9) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of sub-section 4 (2) of the States Grants (Schools Assistance) Act 1981, the declaration shall, on and after that day, be deemed to be a declaration made under sub-section (2) of this section.

(10) For the purposes of this Act, where, immediately before the commencing day, an approval was in force for the purposes of sub-section 4 (6) of the States Grants (Schools Assistance) Act 1981, the approval shall, on and after that day, be deemed to be an approval given under sub-section (7) of this section.

Determination of levels of funding for eligible new arrivals

5. For the purposes of sections 12, 27 and 28, the Minister shall determine an amount (not exceeding $880) to be the level at which financial assistance is to be provided under those sections in respect of each eligible new arrival receiving education in English as a second language.

PART II—GOVERNMENT SCHOOLS PROGRAMS

Grants for building projects and equipment projects in connection with government schools

6. (1) Subject to section 7, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to building projects and equipment projects in connection with government primary schools and government secondary schools in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section 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 is applied by the State for the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, in relation to building projects and equipment projects in connection with government primary schools and government secondary schools in the State, other than projects the sole or principal object, or one of the principal objects, of which is to provide housing or other residential accommodation in any capital city for teachers or other staff.

(3) Subject to sub-section 3 (9), a State may, for the purposes of this section, treat amounts that have been applied by the State after 30 September 1982 and before the commencing day, for the purpose of meeting expenditure in relation to a building project or equipment project in connection with a government primary school or a government secondary school in the State, as having been so applied by the State after that day.

(4) The Minister shall not authorize payment to a State under sub-section (1) unless and until he is satisfied that arrangements have been made in accordance with which—

(a) the State will, at such times as the Minister and the appropriate Minister of the State agree are appropriate, give him particulars of the projects to which the State, at the time at which it gives the particulars, proposes to apply, or has applied, amounts for the purposes of sub-section (2); and

(b) the State will ensure that recognition of the extent to which projects to which the State proposes to apply, or has applied, amounts for those purposes are attributable to funds provided by the Commonwealth will be given in ways, and at times, agreed to by the Minister and the appropriate Minister of the State.

Limits on grants under section 6

7. The Minister shall not authorize payments to a State under sub-section 6 (1) that exceed, in the aggregate, the amounts specified in column 2 of Schedule 1 opposite to the name of the State.

Grants for recurrent expenditure in connection with government schools

8. (1) Subject to section 9, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with government primary schools and government secondary schools in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section 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 is applied by the State, according to the respective needs of government primary schools and government secondary schools in the State, for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with those schools.

Limits on grants under section 8

9. The Minister shall not authorize payments to a State under section 8 that exceed, in the aggregate, the amount specified in column 3 of Schedule 1 opposite to the name of the State.

Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with government schools

10. (1) Subject to section 11, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with general education in English as a second language provided at or in connection with government schools in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section 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 is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with general education in English as a second language provided at or in connection with government schools in the State.

Limits on grants under section 10

11. The Minister shall not authorize payments to a State under section 10 that exceed, in the aggregate, the amount specified in column 2 of Schedule 2 opposite to the name of the State.

Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with government schools

12. (1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided at or in connection with government schools in the State, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of the amount that is determined by the Minister under section 5 to be the level at which financial assistance is to be provided in respect of each eligible new arrival receiving education in English as a second language and the number of eligible new arrivals who will receive that education provided at or in connection with government schools in the State.

(2) Financial assistance is granted to a State under this section 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 is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with education in English as a second language for eligible new arrivals provided at or in connection with government schools in the State; and

(b) the State will ensure that each eligible new arrival for whom a course of that education is provided, in that year, at or in connection with a government school in the State—

(i) enrolled in the course before 1 May 1983 or before the date occurring 6 months after the date of his arrival in Australia, whichever is the later date;

(ii) at the time of enrolling in the course, is undertaking, or has an intention to undertake either before or as soon as practicable after his completion of the course, primary education or secondary education at a government school or non-government school; and

(iii) if he arrived in Australia before 1 November 1982—did not undertake, or commence to undertake, in Australia, a course similar to that course before that date.

Grants for expenditure in connection with government disadvantaged schools

13. (1) Subject to section 14, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with government disadvantaged schools in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section 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 is applied by the State for the purpose of meeting—

(a) recurrent expenditure, in respect of the year 1983, in connection with government disadvantaged schools in the State; or

(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, in relation to minor building projects, or minor equipment projects, in connection with government disadvantaged schools in the State, being projects—

(i) the total expenditure in relation to each of which is, or will be, less than $30,000; or

(ii) that are approved by the Minister for the purposes of this section.

Limits on grants under section 13

14. The Minister shall not authorize payments to a State under section 13 that exceed, in the aggregate, the amount specified in column 2 of Schedule 3 opposite to the name of the State.

Grants for expenditure in connection with special education at government schools, &c.

15. (1) Subject to section 16, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with special education provided at or in connection with government schools or government centres in the State or other special education provided by, or on behalf of, the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section 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 is applied by

the State for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with special education provided at or in connection with government schools or government centres in the State or other special education provided by, or on behalf of, the State and, in particular, will ensure that such part of that amount as is not less than the amount specified in column 3 of Schedule 4 opposite to the name of the State is so applied in connection with integration activities conducted at government schools in the State or places of education approved by the Minister for the purposes of the definition of “integration activities” in sub-section 3 (1) at which special education is provided by, or on behalf of, the State.

(3) For the purposes of sub-section (2), financial assistance applied by a State for the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, in relation to minor building projects, or minor equipment projects, in connection with integration activities conducted at government schools in the State or places referred to in sub-section (2), being projects—

(a) the total expenditure in relation to each of which is, or will be, less than $30,000; or

(b) that are approved by the Minister for the purposes of this section,

shall be deemed to be financial assistance that has been applied by that State for the purpose of meeting recurrent expenditure in connection with such integration activities.

Limits on grants under section 15, &c.

16. (1) The Minister shall not authorize payments to a State under section 15 that exceed, in the aggregate, the amount specified in column 2 of Schedule 4 opposite to the name of the State.

(2) At any time, and from time to time, during the year 1983, but subject to sub-section (3), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act shall have effect as if the amounts specified in columns 2 and 4 of Schedule 4 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule, as from the commencing day, in substitution for those amounts, the amounts as so varied.

(3) A direction given under sub-section (2) in relation to a State shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in columns 2 and 4 of Schedule 4 opposite to the name of the State is greater or less than the aggregate of the amounts specified in those columns opposite to the name of the State immediately before the giving of the direction.

(4) As soon as practicable after the Minister has given a direction under sub-section (2), he shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.

17. (1) Financial assistance is granted to a State under section 6 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the Minister approves)—

(a) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in sub-section 6 (2) has been fulfilled in relation to that financial assistance; and

(b) a statement, in writing, that specifies—

(i) the projects (not including a project the total expenditure in relation to which was less than $30,000) in relation to which the amount applied by the State in pursuance of the condition specified in sub-section 6 (2) in its application to that financial assistance has been applied, the amount so applied in relation to each of those projects and the total of those amounts; and

(ii) the amount applied by the State in pursuance of the condition specified in sub-section 6 (2) in its application to that financial assistance in relation to projects the total expenditure in relation to each of which was less than $30,000.

(2) Financial assistance is granted to a State under section 8, 10, 12, 13 or 15 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1984 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 or conditions specified in sub-section 8 (2), 10 (2), 12 (2), 13 (2) or 15 (2), as the case may be, has or have 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 conditions or condition so specified has been so applied.

(3) Financial assistance is granted to a State under a section contained in this Part on the additional condition that, if the State does not 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) as the Minister specifies in the determination as the amount that should be repaid by the State.

PART III—NON-GOVERNMENT SCHOOLS PROGRAMS

Approval of building projects and equipment projects in connection with non-government schools

18. (1) For the purposes of section 19, the Minister may, subject to sub-section (2) of this section, approve building projects and equipment projects in connection with non-government primary schools, and building projects and equipment projects in connection with non-government secondary schools, in a State.

(2) A project shall not be approved under sub-section (1) if the sole or principal object, or one of the principal objects, of the project is—

(a) to provide housing or other residential accommodation for teaching or other staff; or

(b) to provide facilities for use, wholly or principally, for or in relation to religious worship.

Grants for building projects and equipment projects in connection with non-government schools

19. (1) Subject to section 20, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a project approved under section 18, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of expenditure in relation to a project approved under section 18 (being a building project or an equipment project in connection with a non-government school in the State) on the conditions that—

(a) subject to paragraphs (b) and (c), the State will, without undue delay, pay to the approved authority of the school an amount equal to each amount paid to the State under this section in relation to the project, and, in making the payment, will describe the amount paid to the approved authority as a payment in relation to the project made out of moneys provided to the State by the Commonwealth under this section;

(b) the State will not make a payment to the approved authority under this section in relation to the project unless the approved authority, before or at the time of accepting the first payment under this section in relation to the project, has agreed or agrees with the State 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 relation to the project is applied for the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, in relation to the project;

(ii) the approved authority will cause to be furnished to the Minister (within a period of 3 months after the date of

completion of the project or within such further period as the Minister approves) 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;

(iii) the approved authority will comply with such other conditions (if any) as are specified in the approval of the project under section 18;

(iv) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii) or (iii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to the project) as the Minister determines should be repaid by the approved authority; and

(c) where the total expenditure in relation to the project is, or will be, not less than $30,000—

(i) the State will not make a payment to the approved authority under this section in relation to the project unless the approved authority, before or at the time of accepting the first payment under this section in relation to the project, has entered or enters into an agreement with the State, being an agreement approved by the Minister, to be bound by the condition that, if, within the prescribed period relating to the project—

(A) an asset (being land, a building or equipment) in respect of which an amount paid to the approved authority under this section in relation to the project was expended ceases to be used;

(B) such an asset ceases to be used principally for an approved purpose; or

(C) the approved authority sells or otherwise disposes of such an asset to a person, other than the State, for use principally for an approved purpose without the person having entered or entering into an agreement with the State, being an agreement approved by the Minister, under which that person has the same obligations in relation to the asset as the approved authority had by virtue of this paragraph before the sale or other disposal of the asset,

the approved authority will, if the Minister so requires, repay to the State the amount ascertained in accordance with the formula View image in the official source where—

A is the total amount paid to the approved authority under this section in relation to the project that was expended in respect of the relevant asset;

B is the number of years in the prescribed period that are years that had not commenced before the relevant asset ceased to be used, ceased to be used for such a purpose or was so sold or otherwise disposed of, as the case requires; and

C is the number of years in the prescribed period; and

(ii) if the approved authority fails to repay an amount in accordance with the condition specified in sub-paragraph (i) or a person who has entered into an agreement referred to in sub-sub-paragraph (i) (C) fails to repay an amount in accordance with the agreement, the State will, if and when the Minister so requires, take legal proceedings to recover that amount.

(3) In paragraph (2) (c) —

“approved purpose”, in relation to an asset, means—

(a) the purpose for which the asset was intended to be used when, under section 18, the Minister approved the project relating to the asset; or

(b) a purpose approved by the Minister;

“prescribed period”, in relation to a project approved under section 18, means—

(a) except where paragraph (b) applies—the period of 20 years commencing on the day on which the project is completed; or

(b) if, at the time when the Minister approved the project, he declared that a period of a lesser number of years commencing on that day was to be the prescribed period in relation to the project—that lesser period.

(4) Subject to sub-section 3 (9), the approved authority of a non-government school may, for the purposes of this section, treat amounts that have been applied before the commencing day, for the purpose of meeting expenditure in relation to a project approved under section 18, as having been so applied after that day.

Limits on grants under section 19, &c.

20. (1) The Minister shall not authorize payments to a State under section 19 that exceed, in the aggregate, the amount specified in column 2 of Schedule 5 opposite to the name of the State.

(2) At any time, and from time to time, during the year 1983, but subject to sub-section (3), the Minister may direct that this Act has effect as if some or all of the amounts specified in column 2 of Schedule 5 opposite to the names of States were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule, as from the commencing day, in substitution for those amounts, the amounts as so varied.

(3) A direction given under sub-section (2) shall not provide for the variation of any amounts specified in column 2 of Schedule 5 in such a way that, after the variation, the aggregate of the amounts specified in that column opposite to the names of States is greater or less than the total amount for all the States specified in that column.

(4) As soon as practicable after the Minister has given a direction under sub-section (2), he shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.

Grants for recurrent expenditure of systemic schools

21. (1) Until the Minister causes to be published in the Gazette a list of approved school systems in accordance with sub-section (2), references in this section to the list of approved school systems shall, unless the contrary intention appears, be read as references to—

(a) the list prepared in accordance with sub-section 20 (2) of the States Grants (Schools Assistance) Act 1981, or that list as varied under that Act before the commencing day; or

(b) if the list referred to in paragraph (a) is varied on or after the commencing day under sub-section (3), (5) or (6), that list as so varied.

(2) The Minister may cause to be published in the Gazette the list referred to in paragraph (1) (a) or, if that list is varied under sub-section (3), (5) or (6) on or after the commencing day and before the publication of that list in the Gazette, that list as so varied, and, if he does so, references in this section to the list of approved school systems shall then, unless the contrary intention appears, be read as references to the list so published or, if the list so published is varied under sub-section (3), (5) or (6), to the list as so published and so varied.

(3) The Minister may, from time to time, vary the list of approved school systems for the purpose of adding to it school systems that are declared by him to be approved school systems for the purposes of this Act and, if the Minister makes such a variation, he shall, in respect of each such approved school system, specify, in the instrument of variation, the level, being a level of assistance set out in column 1 of Schedule 6, at which financial assistance is to be provided under this section to the approved school system for the purpose of meeting recurrent expenditure of the approved school system in respect of the year 1983.

(4) The Minister shall, in determining for the purposes of sub-section (3) the level at which financial assistance is to be provided under this section to an approved school system for the purpose of meeting recurrent expenditure of the approved school system in respect of the year 1983, have regard to the need of the approved school system for such assistance.

(5) The Minister may, having regard to any change in the need of an approved school system for financial assistance under this section for the purpose of meeting recurrent expenditure of the approved school system in

respect of the year 1983, vary the list of approved school systems by specifying, in the instrument of variation, in respect of the approved school system a different level, being a level of assistance set out in column 1 of Schedule 6, at which financial assistance is to be provided under this section to the approved school system for the purpose of meeting recurrent expenditure of the approved school system in respect of the year 1983.

(6) The Minister may vary the list of approved school systems for the purpose of correcting clerical errors or making alterations of a formal kind.

(7) The Minister shall cause a copy of any variation to the list of approved school systems made under sub-section (3), (5) or (6) to be published in the Gazette.

(8) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved school system in the State, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, the sum of the following amounts:

(a) an amount equal to the product of the amount specified in column 2 of Schedule 6 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of approved school systems in relation to the school system and the number of students receiving primary education at systemic schools in the school system on the date (in paragraph (b) referred to as the “census date”) that is the schools census date for the State or is such other date as the Minister, in special circumstances, determines in relation to the school system;

(b) an amount equal to the product of the amount specified in column 3 of Schedule 6 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of approved school systems in relation to the school system and the number of students receiving secondary education at systemic schools in the school system on the census date;

(c) if any of the systemic schools in the school system are schools in need of short-term emergency assistance, an amount equal to such amount as the Minister, subject to section 23, determines to be the amount of additional assistance to be provided to the school system for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with those last-mentioned schools;

(d) if primary education or secondary education is provided at any systemic school in the school system for part-time students as well as for full-time students, an amount equal to such amount (if any) as the Minister determines to be the amount of financial assistance to be provided to the school system for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with those part-time students.

(9) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved school system in the State on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school system an amount equal to each amount paid to the State under this section 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 unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State 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 is applied, according to the respective needs of systemic schools in the school system, for the purpose of meeting recurrent expenditure, in respect of the year 1983, of those schools, and of the approved authority in respect of those schools, in such proportions as the Minister determines, and, in particular, will ensure that such part of that amount as is not less than the amount determined by the Minister under paragraph (8) (c) in relation to the school system is applied for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with such of those schools as are schools in need of short-term emergency assistance;

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the 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 recurrent expenditure of the systemic schools in the school system, and of the approved authority in respect of those schools, and such other financial and statistical information in respect of those schools and the approved authority, as is required by the Minister to be so furnished;

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

Grants for recurrent expenditure of non-systemic schools

22. (1) Until the Minister causes to be published in the Gazette a list of non-systemic schools in accordance with sub-section (2), references in this section to the list of non-systemic schools shall, unless the contrary intention appears, be read as references to—

(a) the list prepared in accordance with sub-section 21 (2) of the States Grants (Schools Assistance) Act 1981, or that list as varied under that Act before the commencing day; or

(b) if the list referred to in paragraph (a) is varied on or after the commencing day under sub-section (3), (5) or (6), that list as so varied.

(2) The Minister may cause to be published in the Gazette the list referred to in paragraph (1) (a) or, if that list is varied under sub-section (3), (5) or (6) on or after the commencing day and before the publication of that list in the Gazette, that list as so varied, and, if he does so, references in this section to the list of non-systemic schools shall then, unless the contrary intention appears, be read as references to the list so published or, if the list so published is varied under sub-section (3), (5) or (6), to the list as so published and so varied.

(3) The Minister may, from time to time, vary the list of non-systemic schools for the purpose of adding to it non-systemic schools that come into existence (whether upon ceasing to be systemic schools or otherwise) or the existence of which first becomes known to the Minister and, if the Minister makes such a variation, he shall, in respect of each such school, specify, in the instrument of variation, the level, being a level of assistance set out in column 1 of Schedule 6, at which financial assistance is to be provided under this section to the school for the purpose of meeting recurrent expenditure of the school in respect of the year 1983.

(4) The Minister shall, in determining for the purposes of sub-section (3) the level at which financial assistance is to be provided under this section to a school for the purpose of meeting recurrent expenditure of the school in respect of the year 1983, have regard to the need of the school for such assistance.

(5) The Minister may, having regard to any change in the need of a school for financial assistance under this section for the purpose of meeting recurrent expenditure of the school in respect of the year 1983, vary the list of non-systemic schools by specifying, in the instrument of variation, in respect of the school a different level, being a level of assistance set out in column 1 of Schedule 6, at which financial assistance is to be provided under this section to the school for the purpose of meeting recurrent expenditure of the school in respect of the year 1983.

(6) The Minister may vary the list of non-systemic schools for the purpose of correcting clerical errors or making alterations of a formal kind.

(7) The Minister shall cause a copy of any variation to the list of non-systemic schools made under sub-section (3), (5) or (6) to be published in the Gazette.

(8) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non-systemic school in the State, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, the sum of the following amounts:

(a) an amount equal to the product of the amount specified in column 2 of Schedule 6 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of non-systemic schools in relation to the school and the number of students receiving primary education at the school on the date (in paragraphs (b) and (c) referred to as the “census date”) that is the schools census date for that State or is such other date as the Minister, in special circumstances, determines in relation to the school;

(b) an amount equal to the product of the amount specified in column 3 of Schedule 6 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of non-systemic schools in relation to the school and the number of students receiving secondary education at the school on the census date;

(c) if the school came or comes into existence (otherwise than by virtue of its ceasing to be a systemic school) in a year specified in column 1 of Schedule 7, an amount equal to the sum of the following amounts:

(i) an amount equal to the product of the amount specified in column 2 of that Schedule opposite to that year and the number of students receiving primary education at the school on the census date;

(ii) an amount equal to the product of the amount specified in column 3 of that Schedule opposite to that year and the number of students receiving secondary education at the school on the census date;

(d) if the school is a school in need of short-term emergency assistance, an amount equal to such amount as the Minister, subject to section 23, determines to be the amount of additional assistance to be provided to the school for the purpose of meeting recurrent expenditure, in respect of the year 1983, of the school;

(e) if primary education or secondary education is provided at the school for part-time students as well as for full-time students, an amount equal to such amount (if any) as the Minister determines to be the amount of assistance to be provided to the school for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with those part-time students.

(9) Financial assistance is granted to a State under this section in respect of recurrent expenditure of a non-systemic school in the State on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to each amount

paid to the State under this section 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 unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State 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 is applied for the purpose of meeting recurrent expenditure, in respect of the year 1983, of the school;

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the 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 recurrent expenditure of the school, and such other financial and statistical information in respect of the school, as is required by the Minister to be so furnished;

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

Limit on additional grants for schools in need of short-term emergency assistance

23. The amounts determined by the Minister under paragraph 21 (8) (c) in relation to systemic schools, and the amounts determined by the Minister under paragraph 22 (8) (d) in relation to non-systemic schools, shall not exceed, in the aggregate, the amount specified in column 1 of Schedule 8.

Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with systemic schools

24. (1) Subject to section 26, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved school system in the State in connection with general education in English as a second language provided at or in connection with systemic schools in the school system, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved school system in the State in connection with general education in English as a second language provided at or in connection with systemic schools in the school system on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school system an amount equal to each amount paid to the State under this section 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 unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State 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 is applied for the purpose of meeting recurrent expenditure, in respect of the year 1983, of those schools, and of the approved authority in respect of those schools, in such proportions as the Minister determines, in connection with general education in English as a second language provided at or in connection with those schools;

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the 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 general education in English as a second language provided at or in connection with any systemic school or schools in the school system as is required by the Minister to be so furnished;

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

Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with non-systemic schools

25. (1) Subject to section 26, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non-systemic school in the State in connection with

general education in English as a second language provided at or in connection with the school, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of a non-systemic school in the State in connection with general education in English as a second language provided at or in connection with 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 an amount equal to each amount paid to the State under this section 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 unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State 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 is applied for the purpose of meeting recurrent expenditure, in respect of the year 1983, of the school in connection with general education in English as a second language provided at or in connection with the school;

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the 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 general education in English as a second language provided at or in connection with the school as is required by the Minister to be so furnished;

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

Limits on grants under sections 24 and 25

26. The Minister shall not authorize payments to the States under sections 24 and 25 that exceed in the aggregate, the amount specified in column 2 of Schedule 8.

Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with systemic schools

27. (1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved school system in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with systemic schools in the school system, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of the amount that is determined by the Minister under section 5 to be the level at which financial assistance is to be provided in respect of each eligible new arrival receiving education in English as a second language and the number of eligible new arrivals who will receive that education provided at or in connection with systemic schools in that school system.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved school system in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with systemic schools in the school system on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school system an amount equal to each amount paid to the State under this section in relation to the 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 unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State 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 is applied for the purpose of meeting recurrent expenditure, in respect of the year 1983, of those schools, and of the approved authority in respect of those schools, in such proportions as the Minister determines, in connection with education in English as a second language for eligible new arrivals provided at or in connection with those schools;

(ii) the approved authority will ensure that each eligible new arrival for whom a course of that education is provided, in that year, at or in connection with a systemic school in the approved school system—

(A) enrolled in the course before 1 May 1983 or before the date occurring 6 months after the date of his arrival in Australia, whichever is the later date;

(B) at the time of enrolling in the course, is undertaking, or has an intention to undertake either before or as soon as practicable after his completion of the course, primary

education or secondary education at a government school or non-government school; and

(C) if he arrived in Australia before 1 November 1982—did not undertake, or commence to undertake, in Australia, a course similar to that course before that date;

(iii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the 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 education in English as a second language for eligible new arrivals provided at or in connection with any systemic school or schools in the approved school system as is required by the Minister to be so furnished;

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

Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with non-systemic schools

28. (1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non-systemic school in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with the school, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of the amount that is determined by the Minister under section 5 to be the level at which financial assistance is to be provided in respect of each eligible new arrival receiving education in English as a second language and the number of eligible new arrivals who will receive that education provided at or in connection with the school.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of a non-systemic school in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with 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 an amount equal to each amount paid to the State under this section 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 unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State 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 is applied for the purpose of meeting recurrent expenditure, in respect of the year 1983, of the school in connection with education in English as a second language for eligible new arrivals provided at or in connection with the school;

(ii) the approved authority will ensure that each eligible new arrival for whom a course of that education is provided, in that year, at or in connection with the school—

(A) enrolled in the course before 1 May 1983 or before the date occurring 6 months after the date of his arrival in Australia, whichever is the later date;

(B) at the time of enrolling in the course, is undertaking, or has an intention to undertake either before or as soon as practicable after his completion of the course, primary education or secondary education at a government school or non-government school; and

(C) if he arrived in Australia before 1 November 1982—did not undertake, or commence to undertake, in Australia, a course similar to that course before that date;

(iii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the 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 education in English as a second language for eligible new arrivals provided at or in connection with the school as is required by the Minister to be so furnished;

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

Grants for expenditure of systemic disadvantaged schools

29. (1) Subject to section 31, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure of an approved school system in the State in connection with any systemic disadvantaged school or schools in the school system, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of expenditure of an approved school system in the State in connection with any systemic disadvantaged school or schools in the school system on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school system an amount equal to each amount paid to the State under this section in relation to the 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 unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State 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 is applied for the purpose of meeting—

(A) recurrent expenditure, in respect of the year 1983, of that systemic disadvantaged school or those systemic disadvantaged schools, and of the approved authority in respect of that school or those schools, in such proportions as the Minister determines; or

(B) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, in relation to minor building projects, or minor equipment projects, in connection with that systemic disadvantaged school or those systemic disadvantaged schools, being projects that are approved by the Minister for the purposes of this section;

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the 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 any systemic disadvantaged school or schools in the school system as is required by the Minister to be so furnished;

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

Grants for expenditure of non-systemic disadvantaged schools

30. (1) Subject to section 31, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure of a non-systemic disadvantaged school in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of expenditure of a non-systemic disadvantaged school in a State on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to each amount paid to the State under this section 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 unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State 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 is applied for the purpose of meeting—

(A) recurrent expenditure, in respect of the year 1983, of the school; or

(B) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, in relation to minor building projects, or minor equipment projects, in connection with the school, being projects that are approved by the Minister for the purposes of this section;

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the 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 the school as is required by the Minister to be so furnished;

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

Limits on grants under sections 29 and 30

31. The Minister shall not authorize payments to a State under sections 29 and 30 that exceed, in the aggregate, the amount specified in column 3 of Schedule 3 opposite to the name of the State.

Grants for expenditure in connection with special education at non-government schools, &c.

32. (1) In this section—

“prescribed authority” means a person who or body that—

(a) provides prescribed special education; and

(b) has been approved by the Minister for the purposes of this section;

“prescribed special education” means education referred to in paragraph (b) of the definition of “special education” in sub-section 3 (1), other than such education provided—

(a) by, or on behalf of, a State; or

(b) for the profit, direct or indirect, of an individual or individuals.

(2) Subject to section 33, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with special education provided at or in connection with a non-government school or non-government centre in the State or prescribed special education provided in the State by a prescribed authority, of such amounts as the Minister determines.

(3) Financial assistance is granted to a State under this section in respect of expenditure in connection with special education provided at or in connection with a non-government school or non-government centre in the State on the conditions that—

(a) subject to paragraph (c), the State will, without undue delay, pay to the approved authority of the school or centre an amount equal to each amount paid to the State under this section in relation to the school or centre, 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;

(b) where the payment of an amount referred to in paragraph (a) is made to the approved authority of a school, the State will, in making the payment, specify the part (if any) of that amount that is paid in connection with integration activities conducted at the school;

(c) the State will not make a payment to the approved authority of the school or centre under this section unless the approved authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State 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 is applied for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with special education provided at or in connection with the school or centre and, in particular, the approved authority, where it is an approved authority of a school, will ensure that an amount that is not less than the part (if any) of those amounts so paid to the approved authority that is specified as having been paid in connection with integration activities conducted at the school is so applied in connection with those integration activities;

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the 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 special education provided at or in connection with the school or centre as is required by the Minister to be so furnished;

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

(4) Financial assistance is granted to a State under this section in respect of expenditure in connection with prescribed special education provided by a prescribed authority on the conditions that—

(a) subject to paragraph (c), the State will, without undue delay, pay to the prescribed authority an amount equal to each amount paid to the State under this section in relation to the prescribed authority, and, in making the payment, will describe the amount paid to the prescribed authority as a payment made out of moneys provided to the State by the Commonwealth under this section;

(b) where the payment of an amount referred to in paragraph (a) is made to a prescribed authority in relation to the provision of prescribed special education at a place of education approved by the Minister for the purposes of the definition of “integration activities” in sub-section 3 (1), the State will, in making the payment, specify the part (if any)

of that amount that is paid in connection with integration activities conducted at that place;

(c) the State will not make a payment to a prescribed authority under this section unless the prescribed authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:

(i) the prescribed authority will ensure that an amount equal to the sum of the amounts paid to the prescribed authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with prescribed special education provided by it and, in particular, the prescribed authority, where it provides prescribed special education at a place referred to in paragraph (b), will ensure that an amount that is not less than the part (if any) of those amounts so paid to the prescribed authority that is specified as having been paid in connection with integration activities conducted at that place is so applied in connection with those integration activities;

(ii) the prescribed authority will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the 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 prescribed special education provided by the special educator as is required by the Minister to be so furnished; and

(iii) if the prescribed authority does not fulfil a condition specified in sub-paragraph (i) or (ii), the prescribed authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the prescribed authority under this section) as the Minister determines should be repaid by the prescribed authority.

(5) Financial assistance is granted to a State under this section on the additional condition that the State will ensure that the total of all amounts specified by the State, for the purposes of paragraphs (3) (b) and (4) (b), in connection with integration activities conducted by the approved authorities of schools in the State or conducted by prescribed authorities at places referred to in paragraph (4) (b) in the State is not less than the amount specified in column 5 of Schedule 4 opposite to the name of the State.

(6) For the purposes of sub-section (3), and of any agreement entered into, in pursuance of paragraph (3) (c), between a State and the approved authority of a school in that State, an amount applied by way of expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, in relation to minor building projects, or minor equipment

projects, in connection with integration activities conducted at the school, being projects that are approved by the Minister for the purposes of this sub-section, shall be deemed to be an amount applied for the purpose of meeting recurrent expenditure in connection with such integration activities.

(7) For the purposes of sub-section (4), and of any agreement entered into in pursuance of paragraph (4) (c), between a State and a prescribed authority which conducts a place referred to in paragraph (4) (b), an amount applied by way of expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, in relation to minor building projects, or minor equipment projects, in connection with integration activities conducted at that place, being projects that are approved by the Minister for the purposes of this sub-section, shall be deemed to be an amount applied for the purpose of meeting recurrent expenditure in connection with such integration activities.

Limits on grants under section 32

33. The Minister shall not authorize payments to a State under section 32 that exceed, in the aggregate, the amount specified in column 4 of Schedule 4 opposite to the name of the State.

34. (1) Financial assistance granted to a State under a section contained in this Part is granted on the additional conditions that—

(a) if an amount that the approved authority of a non-government school, of an approved school system or of a non-government centre or a prescribed authority is liable to repay to the State, under a condition of an agreement entered into in accordance with the section, is repaid by the authority to the State, or is recovered by the State from the authority, the State will pay to the Commonwealth an amount equal to that amount; and

(b) if the State does not fulfil a condition specified in the section under which the financial assistance is granted, 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 the non-government school, approved school system, non-government centre or prescribed authority) as the Minister specifies in the determination as the amount that should be repaid by the State.

(2) In this section, “prescribed authority” has the same meaning as it has in section 32.

PART IV—JOINT GOVERNMENT AND NON-GOVERNMENT SCHOOLS PROGRAMS

Grants for recurrent expenditure in connection with multicultural education

35. (1) Subject to section 36, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with multicultural education provided in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section 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 is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with multicultural education provided in the State.

Limits on grants under section 35

36. The Minister shall not authorize payments to a State under section 35 that exceed, in the aggregate, the amount specified in column 2 of Schedule 9 opposite to the name of the State.

Approval of bodies as approved ethnic schools authorities

37. Where the Minister is satisfied that a body, whether incorporated or unincorporated, is providing, or proposes to provide, a program of ethnic education, the Minister may approve that body as an approved ethnic schools authority for the purposes of this Act.

Approval of programs of ethnic education and determination of levels of funding

38. (1) Where an approved ethnic schools authority is providing or proposes to provide, during the year 1983, otherwise than for profit, a program of ethnic education, the Minister may approve that program as an approved program of ethnic education of that authority for the purposes of section 39.

(2) Where the Minister approves a program of ethnic education of an approved ethnic schools authority for the purposes of section 39, the Minister shall determine an amount (not exceeding $30) to be the level at which financial assistance is to be provided under section 39 to the approved ethnic schools authority in respect of each student undertaking the program for the purpose of meeting recurrent expenditure of that authority in connection with the provision of the program in the year 1983.

(3) Without limiting the matters to which the Minister may have regard in deciding for the purposes of sub-section (1) whether to approve a program of ethnic education or in determining a level of assistance in respect of such a program under sub-section (2), he shall have regard to—

(a) the nature of the program;

(b) the number of hours per week during which direct instruction is being, or is to be, given to students under the program; and

(c) the intended duration of the program.

(4) The Minister shall not approve a program of ethnic education of an approved ethnic schools authority under sub-section (1) unless he is satisfied that—

(a) the program is open to persons irrespective of their ethnic origin; and

(b) no other financial assistance has been or will be provided by the Commonwealth towards the recurrent expenditure of the authority on the program.

Grants for approved programs of ethnic education

39. (1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved ethnic schools authority in providing, in that State, in the year 1983, an approved program of ethnic education, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of the amount that is determined by the Minister under section 38 to be the level at which financial assistance is to be provided to the approved ethnic schools authority in respect of each student undertaking the program and the number in relation to the program (not being a number greater than the greatest number of students enrolled in the program) that is ascertained, in accordance with a method determined by the Minister, by writing under his hand, for the purposes of this section, by reference to the numbers of students attending lessons in the program conducted during the relevant period or the relevant periods, as the case may be, in relation to the program.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved ethnic schools authority in connection with the provision, in the State, in the year 1983, of approved programs of ethnic education on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved ethnic schools authority an amount equal to each amount paid to the State under this section in relation to an approved program of ethnic education, and, in making the payment, will describe the amount paid to the approved ethnic schools authority as a payment made out of moneys provided to the State by the Commonwealth under this section;

(b) the State will not make a payment to an approved ethnic schools authority under this section unless the approved ethnic schools authority, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:

(i) the approved ethnic schools authority will ensure that an amount equal to the sum of the amounts paid to the authority under this section is applied for the purpose of meeting recurrent expenditure of the authority in connection with the

provision of approved programs of ethnic education of that authority in the State in the year 1983;

(ii) the approved ethnic schools authority will cause to be furnished to the Minister (not later than 31 March 1984 or such later date as the 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 recurrent expenditure of the authority, and such other financial and statistical information, in respect of the approved programs of ethnic education of that authority, as is required by the Minister to be so furnished;

(iii) the approved ethnic schools authority will, in relation to each approved program of ethnic education of the authority, comply with such other conditions (if any) as are specified in the approval of the program under section 38;

(iv) if the approved ethnic schools authority does not fulfil a condition specified in sub-paragraph (i), (ii) or (iii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the authority under this section) as the Minister determines should be repaid by the authority; and

(c) if an amount that the approved ethnic schools authority is liable to repay to the State, under the condition referred to in sub-paragraph (b) (iv), is repaid by the authority to the State, or is recovered by the State from the authority, the State will pay to the Commonwealth an amount equal to that amount.

(3) In this section, a reference to a relevant period, in relation to a program of ethnic education, shall be construed as a reference to any period commencing and concluding during the year 1983 that the Minister determines, by writing under his hand, to be a relevant period in respect of that program or in respect of a class of programs of ethnic education in which that program is included.

Grants for expenditure in connection with the education of students receiving primary education or secondary education in prescribed country areas

40. (1) Subject to section 41, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with the education of students receiving primary education or secondary education in prescribed country areas in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section 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 is applied by the State for the purpose of meeting—

(a) recurrent expenditure, in respect of the year 1983, in connection with the education of students receiving primary education or secondary education in prescribed country areas in the State; or

(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, in relation to minor building projects, or minor equipment projects, in connection with the education of students receiving primary education or secondary education in prescribed country areas in the State, being projects—

(i) the total expenditure in relation to each of which is, or will be, less than $30,000; or

(ii) that are approved by the Minister for the purposes of this section.

Limits on grants under section 40

41. The Minister shall not authorize payments to a State under section 40 that exceed, in the aggregate, the amount specified in column 4 of Schedule 3 opposite to the name of the State.

Grants for recurrent expenditure in connection with the education of children residing in residential institutions

42. (1) Subject to section 43, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with the education of children residing in residential institutions in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section 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 is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with the education of children residing in residential institutions in the State.

Limits on grants under section 42

43. The Minister shall not authorize payments to a State under section 42 that exceed, in the aggregate, the amount specified in column 2 of Schedule 10 opposite to the name of the State.

Approval of programs for education of severely handicapped children

44. Where a program for, or in connection with, the education of severely handicapped children is being, or is to be, carried out by or in a State, the Minister may approve the program for the purposes of section 45.

Grants for expenditure in relation to approved programs for education of severely handicapped children

45. (1) Subject to section 46, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a program that is being, or is to be, carried out by or in the State and has been approved by him under section 44, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of expenditure in relation to a 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 relation to the program is applied by the State, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, for the purpose of meeting expenditure in relation to the program; and

(b) the State will cause to be furnished to the Minister (not later than 30 June 1984 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.

Limits on grants under section 45

46. The Minister shall not authorize payments to a State under section 45 that exceed, in the aggregate, the amount specified in column 3 of Schedule 10 opposite to the name of the State.

Grants for recurrent expenditure in connection with approved professional development activities

47. (1) Subject to section 48, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with approved professional development activities, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section 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 is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year 1983, in connection with approved professional development activities, being activities which are conducted (in whole or in part) during the year 1983.

(3) In this section—

(a) a reference to expenditure in connection with approved professional development activities shall be read as not including a reference to expenditure in connection with—

(i) the remuneration of teachers attending approved professional development activities; or

(ii) the replacement of teachers during a period when they are attending approved professional development activities,

unless the approved professional development activities are activities in which teachers at government schools and teachers at non-government schools are eligible to participate;

(b) a reference to a teacher shall be read as including a reference to—

(i) a person employed at a school and a person associated with the administration of a school or a school system, including a government school system; and

(ii) a person included in a class of persons declared by the Minister to be a class of persons to be treated as teachers for the purposes of this section.

(4) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of sub-section 49 (3) of the States Grants (Schools Assistance) Act 1981, the declaration shall, on and after that day, be deemed to be a declaration made under sub-section (3) of this section.

Limits on grants under section 47

48. The Minister shall not authorize payments to a State under section 47 that exceed, in the aggregate, the amount specified in column 2 of Schedule 11 opposite to the name of the State.

Grants for expenditure of approved education centres

49. (1) Subject to section 50, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure of an approved education centre in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of expenditure of an approved education centre in the State on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the governing body of the approved education centre an amount equal to each amount paid to the State under this section in relation to the approved education centre, and, in making the payment, will describe the amount paid to the governing body as a payment made out of moneys provided to the State by the Commonwealth under this section;

(b) the State will not make a payment to the governing body under this section unless the governing body, before or at the time of accepting the first payment under this section, has agreed or agrees with the State to be bound by the following conditions:

(i) the governing body will ensure that an amount equal to the sum of the amounts paid to the governing body under this section is applied for the purpose of meeting—

(A) recurrent expenditure, in respect of the year 1983, of the approved education centre; or

(B) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, in relation to minor building projects, or minor equipment projects, in connection with the approved education centre, being projects that are approved by the Minister for the purposes of this section;

(ii) the governing body will cause to be furnished to the Minister (not later than 30 June 1984 or such later date as the 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 the approved education centre as is required by the Minister to be so furnished;

(iii) if the governing body does not fulfil a condition specified in sub-paragraph (i) or (ii), the governing body will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the governing body under this section) as the Minister determines should be repaid by the governing body; and

(c) if an amount that the governing body is liable to repay to the State, under the condition referred to in sub-paragraph (b) (iii), is repaid by the governing body to the State, or is recovered by the State from the governing body, the State will pay to the Commonwealth an amount equal to that amount.

Limit on grants under section 49

50. The Minister shall not authorize payments to the States under section 49 that exceed, in the aggregate, the amount specified in column 3 of Schedule 8.

Approval of projects or programs of national significance

51. (1) Where—

(a) a project or program is being, or is to be, carried out in Australia with the sole or principal object of promoting change or innovation in, or any matter relating to, primary education or secondary education in Australia or of improving the experience, knowledge or skills of teachers and other persons in relation to primary education or secondary education in Australia; and

(b) the Minister is satisfied that the project or program is of national significance and that it is desirable that assistance in connection with the project or program be provided under section 52,

the Minister may approve the project or program for the purposes of that section.

(2) Where—

(a) a project is being, or is to be, carried out in Australia with the sole or principal object of promoting multicultural education in Australia; and

(b) the Minister is satisfied that the project is of national significance and that it is desirable that assistance in connection with the project be provided under section 52,

the Minister may approve the project for the purposes of that section.

(3) A reference in sub-section (2) to multicultural education shall be read as including a reference to education in English as a second language.

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

52. (1) Subject to section 53, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a project or program that is being, or is to be, carried out by or in the State and has been approved by him under section 51 (including a project or program that is being, or is to be, carried out together with, or as part of, a project or program, as the case may be, 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 expenditure in relation to a 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 is applied by the State, in respect of commitments already undertaken or to be undertaken not later than 31 December 1983, for the purpose of meeting expenditure in relation to the project or program; and

(b) the State will cause to be furnished to the Minister (not later than 30 June 1984 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.

Limit on grants under section 52

53. The Minister shall not authorize payments to the States under section 52 that exceed, in the aggregate, the amount specified in column 4 of Schedule 8.

54. (1) Financial assistance is granted to a State under section 35, 40, 42 or 47 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1984 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 35 (2), 40 (2), 42 (2) or 47 (2), as the case may be, has been fulfilled; and

(b) a statement, in accordance with a form approved by the Minister, that summarizes 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 a section contained in this Part on the additional condition that, if the State does not fulfil a condition specified in this Part with respect to that grant (not being, in the case of section 39, the condition specified in paragraph (2) (c) of that section or, in the case of section 49, the condition specified in paragraph (2) (c) of that section), 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) as the Minister specifies in the determination as the amount that should be repaid by the State.

PART V—MISCELLANEOUS

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

55. 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

56. 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

57. 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 account 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 or Loan Fund

58. Payments to a State under this Act may be made out of—

(a) in the case of payments under section 6 or 19, and advances under section 57 on account of payments of that kind—the Consolidated Revenue Fund or the Loan Fund; or

(b) in any other case—the Consolidated Revenue Fund.

Authority to borrow

59. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts that may become payable to the States under sections 6 and 19 of this Act.

Application of moneys borrowed

60. Moneys borrowed under section 59 shall be issued and applied only for the expenses of borrowing and—

(a) for the purpose of making payments to the States under sections 6 and 19;

(b) for the purpose of making advances under section 57 on account of payments of that kind; and

(c) for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 61.

Reimbursement of Consolidated Revenue Fund from Loan Fund

61. (1) Where a payment under section 6 or 19, or an advance under section 57 on account of a payment of that kind, has been made out of the Consolidated Revenue Fund, the Minister for Finance may authorize the payment to the Consolidated Revenue Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(2) In any statement prepared by the Minister for Finance under section 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

Appropriation

62. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

Delegation by Minister

63. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the Commonwealth Schools Commission, or to a full-time member, or to full-time members, of the Commission, all or any of his 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.

64. Any declaration, approval, authorization, determination, direction 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, direction 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, direction or notification.

Report by Minister

65. The Minister shall, as soon as practicable after 30 June 1984, cause a report with respect to the financial assistance granted, and other payments authorized, by the Minister under this Act, and with respect to the application of that financial assistance and those payments, to be laid before each House of the Parliament.

Regulations

66. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

PART VI—AMENDMENTS OF STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981

Principal Act

67. The States Grants (Schools Assistance) Act 19811 is in this Part referred to as the Principal Act.

68. After section 4 of the Principal Act the following section is inserted in Part I:

Determination of levels of funding for eligible new arrivals

“4a. For the purposes of sections 10, 25 and 26, the Minister shall determine an amount (not exceeding $795) to be the level at which financial assistance is to be provided under those sections in respect of each eligible new arrival receiving education in English as a second language.”.

Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with government schools

69. Section 10 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“10. (1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided at or in connection with government schools in

the State, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of the amount that is determined by the Minister under section 4a to be the level at which financial assistance is to be provided in respect of each eligible new arrival receiving education in English as a second language and the number of eligible new arrivals who will receive that education provided at or in connection with government schools in the State.”.

Limits on grants under section 9

70. Section 11 of the Principal Act is amended by omitting sub-sections (2) to (11) (inclusive).

Limit on additional grants for schools in need of short-term emergency assistance

71. Section 22 of the Principal Act is amended by omitting “column 2” and substituting “column 1”.

Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with systemic schools

72. Section 25 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“25. (1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved school system in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with systemic schools in the school system, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of the amount that is determined by the Minister under section 4a to be the level at which financial assistance is to be provided in respect of each eligible new arrival receiving education in English as a second language and the number of eligible new arrivals who will receive that education provided at or in connection with systemic schools in that school system.”.

Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with non-systemic schools

73. Section 26 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“26. (1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non-systemic school in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with the school, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of the amount that is determined by the Minister under section 4a to be the

level at which financial assistance is to be provided in respect of each eligible new arrival receiving education in English as a second language and the number of eligible new arrivals who will receive that education provided at or in connection with the school.”.

Limits on grants under sections 23 and 24

74. Section 27 of the Principal Act is amended—

(a) by omitting from sub-section (1) “column 3” and substituting “column 2”; and

(b) by omitting sub-sections (2) to (8) (inclusive).

Limit on grants under section 51

75. Section 52 of the Principal Act is amended by omitting “column 5” and substituting “column 3”.

Limit on grants under section 54

76. Section 55 of the Principal Act is amended by omitting “column 6” and substituting “column 4”.

Schedules

77. The Schedules to the Principal Act are repealed and the Schedules set out in Schedule 12 to this Act are substituted.

Directions under Principal Act

78. Directions given under sub-section 15 (2) of the Principal Act cease to have effect upon the commencement of this Act, but this section shall not be taken to affect the previous operation of the directions.

SCHEDULE 1 Sections 7 and 9

SCHEDULE 2 Section 11

GOVERNMENT SCHOOLS—GENERAL EDUCATION IN ENGLISH AS A SECOND LANGUAGE

SCHEDULE 3 Sections 14, 31 and 41

SCHEDULE 4 Sections 15, 16, 32 and 33

SCHEDULE 5 Section 20

SCHEDULE 6 Sections 21 and 22

SCHEDULE 7 Section 22

SCHEDULE 8 Sections 23, 26, 50 and 53

SCHEDULE 9 Section 36

MULTICULTURAL EDUCATION AMOUNTS OF GRANTS TO STATES

SCHEDULE 10 Sections 43 and 46

SCHEDULE 11 Section 48