23 Grants for recurrent expenditure of systemic schools
(1) Until the Minister causes to be published in the Gazette a list of approved school systems in accordance with subsection (2), reference in this section to the list of approved school systems shall, unless the contrary intention appears, be read as references to:
(a) the list published in accordance with subsection 21(2) of the States Grants (Schools Assistance) Act 1982, 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 subsection (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 subsection (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 the Minister 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 subsection (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 the Minister to be approved school systems for the purposes of this Act and, if the Minister makes such a variation, the Minister 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 8, 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 1984.
(4) The Minister shall, in determining for the purposes of subsection (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 1984, 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 1984, 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 8, 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 1984.
(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 subsection (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 8 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 8 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 25, 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 1984, 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 purposes of meeting recurrent expenditure, in respect of the year 1984, 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 Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the approved authority has agreed with the Commonwealth to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section 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 1984, of those schools, and of the approved authority in respect of those schools, in such proportions as the Commonwealth Education Minister determines, and, in particular, will ensure that such part of that amount as is not less than the amount determined by the Commonwealth Education 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 1984, in connection with such of those schools as are schools in need of short‑term emergency assistance;
(ii) the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of that amount as is applied for the purpose of meeting recurrent expenditure of co‑educational schools, and of the approved authority in respect of those schools, are, as far as practicable, equally available to male and female students at those schools;
(iii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):
(A) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (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 Commonwealth Education Minister to be so furnished;
(iv) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii) or (iii), the authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.