24 Grants for recurrent expenditure of non‑systemic schools
(1) A reference in this section, on and after 1 January 1984, to the list of non‑systemic schools shall, subject to this section, be read as a reference to:
(a) the list of non‑systemic schools in force for the purposes of section 22 of the States Grants (Schools Assistance) Act 1982 immediately before the commencing day, as varied by the exclusion of a school in respect of which the Minister:
(i) is satisfied that the school has undergone a substantial change in its character by reason of:
(A) a change in the location of the school that has resulted or, is likely to result, in a substantially different body of students attending the school; or
(B) the provision or proposed provision at the school of education at a level other than a level at which education was provided when the school was included in that last‑mentioned list, not being education provided in accordance with a plan for the development of the school that was publicly announced at the time of its establishment; and
(ii) by notice in writing given before 1 January 1984 to the approved authority of the school, informs that authority that the Minister proposes to reconsider the inclusion of the school in the list of non‑systemic schools; or
(b) if the list referred to in paragraph (a) is varied on or after the commencing day under subsection (3), (6) or (7), that list as so varied.
(2) Where the approved authority in relation to a school received a notice under subparagraph (1)(a)(ii) in relation to the school, the approved authority may make such submissions, in writing, to the Minister as the approved authority considers appropriate.
(3) Where the Minister is satisfied, in respect of a non‑systemic school that is situated in a State, being:
(a) a school:
(i) in relation to which a notice has been served under subparagraph (1)(a)(ii); or
(ii) that was not included in the list of non‑systemic schools in force for the purposes of section 22 of the States Grants (Schools Assistance) Act 1982 immediately before the commencing day; or
(b) if a school referred to in paragraph (a) provides education at more than one level—that school in so far as it provides education at a particular level;
that:
(c) the school has been recognized as a school by the State Education Minister of the State;
(d) the school is not conducted for the profit, direct or indirect, of an individual or individuals;
(e) the school has been the subject of adequate consultation with education authorities of the State;
(f) if the school is, or is to be, situated in an area other than a developing area—the school is not likely to have a significant adverse effect upon the viability of the existing government or non‑government schools (if any) in that first‑mentioned area; and
(g) the school has reasonable prospects of long term viability;
the Minister may, by notice published in the Gazette, vary the list of non‑systemic schools by adding to it that school, or that school in so far as it provides education at that level, and, if the Minister makes such an addition, the Minister shall in respect of the school so added, specify in the notice 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 school for the purpose of meeting recurrent expenditure of the school 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 a school for the purpose of meeting recurrent expenditure of the school in respect of the year 1984, have regard to the need of the school for such assistance.
(5) The Minister shall, as soon as practicable after 31 December 1983, cause the list of non‑systemic schools, in a form approved by the Minister for the purposes of this subsection, to be published in the Gazette.
(6) 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 1984, 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 8, 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 1984.
(7) The Minister may vary the list of non‑systemic schools for the purpose of correcting clerical errors or making alterations of a formal kind.
(8) The Minister shall cause a copy of any variation to the list of non‑systemic schools made under subsection (6) or (7) to be published in the Gazette.
(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 of a non‑systemic school situated in a State, being a school that is included in the list of non‑systemic schools, 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 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 8 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 9, 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 25, 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 1984, 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 1984, in connection with those part‑time students.
(10) 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 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 for the purpose of meeting recurrent expenditure, in respect of the year 1984, of the school;
(ii) if the school is a co‑educational school—the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to that amount for the purposes of that expenditure of the school, are as far as practicable, equally available to male and female students at the school;
(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 school, and such other financial and statistical information in respect of the school, 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.