Section 42 - States Grants (Schools Assistance) Act 1983 - Grants for building projects and equipment projects in connection with schools serving predominantly Aboriginal communities | Zoe
42 Grants for building projects and equipment projects in connection with schools serving predominantly Aboriginal communities
(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 expenditure in relation to a project approved under section 41, of such amounts as the Minister determines.
(2) Where a project approved under section 41 is a project in connection with a government school (other than such a project that is administered by a non‑government body), financial assistance granted to a State under subsection (1) in respect of that project is granted on the conditions that:
(a) the state will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section in respect of that project 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 1984, in relation to that project; and
(b) the State will cause to be furnished to the Minister (not later than 30 June 1985 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.
(3) Where a project approved under section 41 is a project in connection with a non‑government school or is a project in connection with a government school but administered by a non‑government body, financial assistance granted to a State under subsection (1) in respect of that project is granted 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 or to the approved authority of the non‑government body, as the case requires, 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 of the school or to the approved authority of the non‑government body, as the case requires, under this section in relation to the projects unless the Commonwealth Education Minister furnishes to the State Education Minister for the State a certificate to the effect that the approved authority has agreed with the Commonwealth to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section in 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 1984, in relation to the project;
(ii) the approved authority will cause to be furnished to the Commonwealth Education Minister (within a period of 3 months after the date of completion of the project or within such further period as the Commonwealth Education Minister approves) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (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 41;
(iv) if the approved authority does not fulfil a condition specified in subparagraph (i) or (ii) or in accordance with subparagraph (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 in relation to the project) as the Commonwealth Education Minister determines should be paid by the approved authority; and
(c) where the total expenditure in relation to the project is, or will be, not less than $30,000, the State will not make a payment to the approved authority under this section in relation to the project unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for the State to the effect that the approved authority has entered into an agreement with the Commonwealth to be bound by the condition that, if, within the prescribed period relating to the project:
(i) 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;
(ii) such an asset ceases to be used principally for an approved purpose; or
(iii) 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 Commonwealth, 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 Commonwealth Education Minister so requires, pay to the Commonwealth the amount ascertained in accordance with the formula Image unavailable in extracted text, where:
A is the total 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.
(4) Financial assistance granted to a State under this section in relation to a project approved under section 41 is granted on the additional condition that if the State does not fulfil a condition specified in whichever of subsection (2) or (3) relates to that financial assistance, 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 that financial assistance as the Minister specifies in the determination as the amount that should be repaid by the State.
(5) Nothing in this Act shall be taken to authorize the recovery by the Commonwealth in respect of financial assistance granted to a State under this section in respect of a project approved under section 41, being a project in connection with a non‑government school or being a project in connection with a government school but administered by a non‑government body, of any amount from that State or of any amount under an agreement entered into for the purposes of a condition specified in subsection (3) in respect of that financial assistance if the aggregate of that amount and any amount previously recovered from that State in respect of that financial assistance, or previously recovered under such an agreement entered into in relation to that financial assistance would exceed, in the aggregate, the amount of that financial assistance.
(6) Subject to subsection 3(13), a State, the approved authority of a non‑government school or the approved authority of a non‑government body administering a project in connection with a 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 41, as having been so applied after that day.
(6A) Where the Minister declares that this subsection applies in relation to a project approved under section 41 then, notwithstanding the other provisions of this section:
(a) if the project is a project in connection with a government school—any amount applied by the State for the purpose of meeting expenditure, in respect of commitments already undertaken, or to be undertaken, not later than 30 June 1985, in relation to the project shall be treated for all purposes of this Act as an amount so applied for the purpose of meeting expenditure, in respect of commitments undertaken, or to be undertaken, not later than 31 December 1984, in relation to the project; and
(b) if the project is a project in connection with a non‑government school, or a project in connection with a government school but administered by a non‑government body—any amount applied for the purpose of meeting expenditure, in respect of commitments already undertaken, or to be undertaken, not later than 30 June 1985, in relation to the project shall be treated, for the purpose of this Act and of any agreement entered into by the approved authority of the school or the approved authority of the non‑government body, as an amount so applied for the purpose of meeting expenditure, in respect of commitments already undertaken, or to be undertaken, not later than 31 December 1984, in relation to the project.
(7) In paragraph (3)(c):
approved purpose, in relation to an asset, means:
(a) the purpose for which the asset was intended to be used when, under section 41, the Commonwealth Education Minister approved the project relating to the asset; or
(b) a purpose approved by the Commonwealth Education Minister.
prescribed period, in relation to a project approved under section 41, 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 Commonwealth Education 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.