NEW SCHEDULES TO BE SUBSTITUTED FOR SCHEDULES TO STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1983
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States Grants (Schools Assistance) Act 1984
No. 126 of 1984
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 25 October 1984]
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
This Act may be cited as the States Grants (Schools Assistance) Act 1984.
Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Sections 95, 96, 97, 98, 99, 100 and 103 shall be deemed to have come into operation on 21 December 1983.
Interpretation
(1) In this Act, unless the contrary intention appears—
“approved authority”, in relation to an approved school system, a non-government school, a non-government body administering a project in connection with a government school, a non-systemic school or a non-government centre, when referred to in a provision of this Act, means the person or body that the Minister declares to be the approved authority of that school system, of that school, of that
non-government body or of that centre, as the case may be, for the purposes of that provision;
“approved education centre” means an education centre approved by the Minister under sub-section 4 (6);
“approved ethnic schools authority” means a body approved by the Minister under section 59;
“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, by notice in writing, 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 person who is 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 in force in 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;
“co-educational school” means a school the students at which comprise, or, in the case of a proposed school, are to comprise, both male students and female students;
“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 established by 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;
“developing area” means a geographical area that is, in accordance with criteria determined under sub-section (19), a developing area for the purposes of this Act;
“early special education program for handicapped children”, in relation to a State, means a program that is being, or is to be, carried out by or in the State for, or in connection with, the education of handicapped children who have not attained the age at which children are required by a law of the State to attend school;
“education centre” means a body corporate, or a body of persons that the Minister is satisfied will, during the year 1985, 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 provision 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 1984;
“equipment project” means a project for or in relation to the provision 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 students whose first language is a language other than the English language; and
(b) for the purpose of giving instruction to those students and other students in relation to the culture of peoples of the Aboriginal race of Australia or 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 education other than primary education, are provided—that school in so far as it provides primary education;
“government school” means a school in a 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 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, computer software, 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—
(a) is provided for students attending government schools or non-government schools; and
(b) 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 body” means a body that is not managed or controlled by or on behalf of the Government of a State or of the Northern Territory;
“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 in a State at which primary education, and 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 in a State at which secondary education, and 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—
(a) that is not included in an approved school system; and
(b) that is included in the list of non-systemic schools,
in so far as the school provides education at the location or locations, and at the level or levels of education, in respect of which it is included in that list;
“peoples of the Aboriginal race of Australia” includes peoples of the race to which Torres Strait Islanders belong;
“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 1983 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, for and 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 basic learning” means a program designed to assist students undertaking primary education to acquire adequate standards of literacy, numeracy and communication skills;
“program of computer education” means a program designed for all or any of the following purposes:
(a) to train teachers in the use of computers, including but without limiting the generality of the foregoing, the use of computers as teaching aids;
(b) to assist students to acquire an understanding of computer technology and of the social, environmental, industrial and economic effects of computers;
(c) to increase the access of disadvantaged persons to computers;
“program of ethnic education” means a program of instruction, that is provided 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 people of the Aboriginal race of Australia or of people who have migrated to Australia, either alone or together with 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 short-term emergency expenditure) that is not 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 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 the Commonwealth Education Minister 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;
“resource agreement” means an agreement entered into pursuant to sub-section 11 (3) or sub-section 28 (3);
“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) a school or institution in a State that is not recognized by the State Education Minister as a school;
“school in need of short-term emergency assistance” means a non-government school that the Minister declares, under sub-section 4 (5), to be a school in need of short-term emergency assistance for the purposes of this Act;
“school serving a predominantly Aboriginal community” means a school that the Minister declares, under sub-section 4 (7), to be a school serving a predominantly Aboriginal community for the purposes of this Act;
“schools census date”, in relation to any year, means the date in that year on which the first Friday in July occurs;
“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) a handicapped child in a State to whom paragraph (b) does not apply, being a child—
(i) for whom, by reason of the child’s disability, enrolment at a school, at a government centre or at a non-government centre, is not appropriate; or
(ii) who is enrolled at a school, at a government centre or at a non-government centre but who cannot receive, by reason of the child’s disability, a substantial proportion of the benefits ordinarily available to children enrolled at that school or centre; or
(b) a handicapped child in a State who has not attained the age at which children are required by a law of that State to attend school, being a child—
(i) for whom, by reason of a disability, when that age is attained by the child, the child’s enrolment at a school, at a government centre or at a non-government centre will not be, or will be unlikely to be, appropriate; or
(ii) who, if, when that age is attained by the child, the child is enrolled at a school, at a government centre or at a non-government centre, will not receive, or will be unlikely to receive, by reason of the child’s disability, a substantial proportion of the benefits ordinarily available to children enrolled at such a school or centre;
“special education” means education under special programs designed specifically for handicapped children;
“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, either on a full-time basis or on a part-time basis, 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 1986, 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 the Commonwealth Tertiary Education Commission Act 1977 at an institution that is a technical and further education institution within the meaning of that Act; or
(b) in any other case—a full-time student;
“subsequent schools assistance Act” means an Act that comes into operation after the commencing day and that makes provision for the granting of financial assistance to the States and to the Northern Territory for and in relation to schools in respect of a matter or matters corresponding, or substantially corresponding, to a matter or matters
in respect of which financial assistance may be provided under this Act;
“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—
(a) that is included in an approved school system; and
(b) that is included in the list of systemic schools,
in so far as the school provides education at the location or locations, and at the level or levels of education, in respect of which it is included in that list.
(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 schools at which special education is provided.
(4) A reference in this Act to a building project shall, unless the contrary intention appears, 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 school system” or “residential institution” in sub-section 3 (1) of the States Grants (Schools Assistance) Act 1983, 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 school system” or “residential institution”, 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 1983, 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 person who is 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) The Minister shall, from time to time, by notice published in the Gazette, specify, for the purposes of this Act, in respect of each level at which education is provided by schools generally, or by schools included in a specified class of schools, a number of students to be the minimum acceptable number of students.
(10) The Minister—
(a) may, in relation to any year before the first of the years to which sections 28 and 29 apply, specify, by notice published in the Gazette, an amount to be the community standard at each level at which education is provided by schools; and
(b) shall, in relation to each year to which sections 28 and 29 apply, specify, as soon as practicable after the commencement of that year, by notice published in the Gazette, an amount to be the community standard at each level at which education is provided by schools.
(11) The Minister may, by notice published in the Gazette, specify—
(a) a method for calculation, in respect of a year, the relevant income of an approved school system for the purposes of sub-section 6 (15) or of a non-systemic school for the purposes of sub-section 7 (17); and
(b) a method for calculating, in respect of a year, the income from private sources of an approved school system for the purposes of sub-section 6 (22) or of a non-systemic school for the purposes of sub-section 7 (23).
(12) 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 pursuant to 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 pursuant to 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 pursuant to 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 pursuant to a condition of a relevant agreement between the Commonwealth 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 pursuant to another condition of that agreement, or of a condition of another relevant agreement between the Commonwealth 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 pursuant to 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.
(13) In sub-section (12), a reference to a relevant agreement between the Commonwealth and an approved authority shall be read as an agreement made between the Commonwealth and an approved authority for the purposes of the condition specified in paragraph 26 (2) (b), 28 (6) (b), 29 (5) (b), 32 (2) (b), 33 (2) (b), 35 (2) (b), 36 (2) (b), 37 (2) (b), 38 (2) (b), 40 (2) (c), 43 (2) (b), 44 (2) (b), 47 (2) (b), 48 (2) (b), 52 (3) (b), 61 (2) (b) or 73 (2) (b).
(14) In sub-sections (12) and (13), a reference to an approved authority shall be read as a reference to the approved authority of a non-government school, the approved authority of a non-government body administering a project in connection with a non-government school, the approved authority of an approved school system, the approved authority of a non-systemic school, the approved authority of a non-government centre, the governing body of an approved education centre or an approved ethnic schools authority, as the case requires.
(15) 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.
(16) A reference in this Act to a year shall, unless the contrary intention appears, be construed as a reference to a calendar year.
(17) Where—
(a) a co-educational school is organized on the basis that one or more of the levels of education provided at that school is or are available only to students of one sex; and
(b) a particular project or program in connection with the school or particular expenditure of the school relates solely or principally to a level of education of the kind referred to in paragraph (a),
the benefits of, and the opportunities created by, the project, program or expenditure, as the case requires, shall not be taken, for the purposes of this Act, not to be equally available to male students and female students at the school.
(18) Where—
(a) the benefits of, or the opportunities created by, a particular project or program or particular expenditure, would not, but for this sub-section, be equally available to male students and female students or to male children and female children; and
(b) an object of the project, program or expenditure is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure that persons of that sex have equal opportunities with persons of the other sex in connection with education or training,
the benefits of, or the opportunities created by, the project, program or expenditure as the case requires shall not be taken, for the purposes of this Act, not to be equally available to male students and female students or to male children or female children, as the case may be.
(19) The Minister may, by notice published in the Gazette, determine criteria for the identification of a geographical area as a developing area for the purposes of this Act.
(20) A reference in this Act to an approved authority of an approved school system or of a non-systemic school, shall, in relation to things that may be done by the approved authority at a time prior to the commencing day, be construed as a reference to the body that was the approved authority of that approved school system or of that non-systemic school for the purposes of a previous schools assistance Act that was in force at that time.
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 1985, 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, by notice in writing, 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 1985, 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 any unexpected circumstance, in special need of short-term emergency assistance, the Minister may, by notice in writing, declare the school to be a school in need of short-term emergency assistance for the purposes of this Act.
(6) 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, in writing, for the purposes of this Act.
(7) Where the Minister is of the opinion that a school in a State serves a community constituted predominantly by peoples of the Aboriginal race of Australia, the Minister may, by notice in writing, declare the school to be a school serving a predominantly Aboriginal community 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 1983 by virtue of a notification under sub-section 4 (1) of that Act, 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 1983, 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 1983, the approval shall, on and after that day, be deemed to be an approval given under sub-section (6) of this section.
Determination of levels of funding for eligible new arrivals
For the purposes of sections 15, 35 and 36, the Minister shall determine an amount (not exceeding $902) 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.
List of systemic schools and list of approved school systems
(1) In this Act—
(a) a reference to the list of systemic schools shall be construed as a reference to the list of systemic schools as in force for the purposes of the States Grants (Schools Assistance) Act 1983 immediately before the commencing day, or, if that list is varied after that day in accordance with this section, that list as so varied; and
(b) a reference to the list of approved school systems shall be construed as a reference to the list of approved school systems as in force for the purposes of the States Grants (Schools Assistance) Act 1983 immediately before the commencing day, or, if that list is varied after that day in accordance with this section, that list as so varied.
(2) The Minister shall, where the Minister considers it appropriate to do so, as soon as practicable after the commencing day, determine in writing that the list of approved school systems be varied, with effect from a date specified in the determination, including a date before the making of the determination, by substituting for the level, denominated as level 1a, level 1b, level 2 or level 3, at which financial assistance was provided in respect of the approved school system under the States Grants (Schools Assistance) Act 1983 a new level, denominated by a number between 1 and 12 (inclusive), at which financial assistance is to be provided in respect of the approved school system under this Act, and, where the Minister does so, the list shall, with effect from that date, be deemed to be so varied.
(3) Where it is proposed, in relation to a systemic school, to initiate, at any time during a year between 1986 and 1990 (inclusive)—
(a) a change in the location of the school or of any part of the school; or
(b) a change constituted by the provision of a new level of education at the school,
the approved authority of the approved school system in which the school is included shall inform the Minister of the proposed change, by notice in writing given to the Minister—
(c) if the change is proposed to be initiated during the year 1986—not later than 1 year or such lesser period as the Minister, in special circumstances, allows before the commencement of that year; or
(d) if the change is proposed to be initiated during the year 1987, 1988, 1989 or 1990—not later than 2 years or such lesser period as the Minister, in special circumstances, allows before the commencement of that year,
setting out particulars of the proposed change and requesting that the list of systemic schools as in force for the purposes of this Act or of a subsequent schools assistance Act in force at the time of the proposed change be varied to include the school as so relocated or partly relocated or the school in so far as it provides a new level of education.
(4) Where the Minister has received notice of a proposed change to a school—
(a) in the case where that change is a change similar to the kind of change referred to in sub-section (3) but the change is proposed to be initiated during the year 1985—otherwise than under this Act and before 15 October 1984; or
(b) in a case where the change is proposed to be initiated during the year 1986, 1987, 1988, 1989 or 1990—under and in accordance with sub-section (3),
the Minister shall, by notice in writing given to the approved authority of the approved school system in which the school is included—
(c) if the Minister is satisfied that the change meets the criteria for acceptable changes to exisiting schools—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion in the list of systemic schools of the school as so relocated or partly relocated or of the school in so far as it provides education at the proposed new level; or
(d) if the Minister is not so satisfied—inform the approved authority that he or she is not so satisfied and invite the approved authority to make, within such period as the Minister specifies, such submissions, in writing, in relation to the change, as the approved authority considers appropriate.
(5) Where the Minister invites an approved authority of an approved school system, pursuant to sub-section (4), to make submissions in relation to a proposed change to a school within a specified period, the Minister shall by notice in writing given to the approved authority of the approved school system—
(a) if the Minister becomes satisfied, having regard to any submissions that are made, that the change the subject of the submissions meets the criteria for acceptable change—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion in the list of systemic schools of the school as so relocated or partly relocated or of the school in so far as it provides education at the proposed new level; or
(b) if the approved authority fails to make any submissions within the specified period or if the Minister, where the approved authority makes submissions within the specified period, after having regard to those submissions, does not become so satisfied in respect of the change—inform the approved authority accordingly.
(6) Where the approved authority of an approved school system initiates, during a year to which section 28 applies, a change of the kind referred to in paragraph (3) (a), or, so far as a change initiated during the year 1985 is concerned, a change similar to a change so referred to, in respect of the relocation or partial relocation of a systemic school included in that approved school system—
(a) if the approved authority did not inform the Minister, in the manner referred to in sub-section (4), of the proposed change or if the Minister has informed the approved authority, pursuant to sub-section (5), that the Minister is not satisfied that the proposed change meets the criteria for acceptable change—the Minister may, by determination in writing, vary the list of systemic schools by removing the school from the list with effect from a date specified in the determination, including a date before the making of the determination, and, where the Minister does so, the list shall, with effect from that date, be deemed to be or to have been so varied; and
(b) if the Minister has informed the approved authority pursuant to sub-section (4) or (5) that the Minister provisionally approves the inclusion of the school as so relocated or partially relocated, in the list of systemic schools, the Minister shall, upon the Minister’s becoming satisfied that the school, as so relocated, has been recognized by the State Education Minister of the State in which the school is situated, by determination in writing, vary the list of systemic schools by specifying that the school is listed as so relocated or partly relocated with effect from a date specified in the determination, including a date before the making of the determination, and, where the Minister does so, the list shall, with effect from that date, be deemed to be or to have been so varied.
(7) Where the approved authority of an approved school system initiates, during a year to which section 28 applies, a change of the kind referred to in paragraph (3) (b), or, so far as a change initiated during the year 1985 is concerned, a change similar to a change so referred to, in respect of a systemic school included in that approved school system and the Minister has informed the approved authority pursuant to sub-section (4) or (5) that the Minister provisionally approves the inclusion in the list of systemic schools of the school, in so far as the school provides education at a new level, the Minister shall, upon the Minister’s becoming satisfied—
(a) that the school, in so far as it provides education at that level has been recognized by the State Education Minister of the State in which the school is situated; and
(b) that the school has, on the date that it is so recognized in so far as it provides education at that level, or on such later date as the Minister, in special circumstances, allows, a number of students at that level enrolled at that level that is not less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that date,
by determination in writing vary the list of systemic schools by including in the list that school in so far as it provides education at that level with effect from a date specified in the determination, including a date before the making of the determination, and, where the Minister does so, the list shall, with effect from that date, be deemed to be or to have been so varied.
(8) For the purposes of this section, the Minister shall be satisfied that a proposed change in a systemic school meets the criteria for acceptable change if, and only if, the Minister is satisfied that—
(a) in a case where the proposed change is a change of the kind referred to in paragraph (3) (b)—the change is being made in accordance with a plan for the development of the school that was publicly announced at the time of its establishment; or
(b) in the case of any proposed change of a kind referred to in sub-section (3) or of a change proposed to be initiated during the year 1985 that is similar to a change so referred to—
(i) the proposed change has been the subject of adequate consultation with education authorities of the State in which the school is situated;
(ii) if the change is proposed to be initiated in 1985 and the school concerned is situated within an area other than a developing area—the proposed change is not likely to have a significant adverse effect upon the viability of existing government and non-government schools (if any) in the first-mentioned area;
(iii) the school as proposed to be so changed has reasonable prospects of long-term viability; and
(iv) if the change is proposed to be initiated in 1986, 1987, 1988, 1989 or 1990—the proposed change accords with such other requirements, if any, relating to changes to existing schools as are prescribed for the purposes of this sub-paragraph.
(9) Where—
(a) the approved authority of an approved school system seeks the provision of financial assistance from the Commonwealth commencing in a year between 1986 and 1990 (inclusive) in respect of—
(i) an existing school, or a new school, that is not included in the list of systemic schools; or
(ii) an existing school that is included in the list of systemic schools but that is not so included in so far as it provides education at a particular level, being a level at which the school has provided education at all times since it was included in the list of systemic schools as in force for the purposes of this Act or of any previous schools assistance Act; and
(b) the school will, after that financial assistance commences to be so provided, be included in the approved school system,
the approved authority may make application to the Minister for the provision of such financial assistance commencing in that year by notice in writing
accompanied by such particulars as will, in the opinion of the approved authority, permit the Minister to determine whether the school meets the criteria for receipt of financial assistance from the Commonwealth, given to the Minister—
(c) if it is proposed that financial assistance commence to be provided in respect of the school, or of the school in so far as it provides education at that level, during the year 1986—not later than 1 year, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year; and
(d) if it is proposed that financial assistance commence to be provided in respect of the school, or of the school in so far as it provides education at that level, during the year 1987, 1988, 1989 or 1990—not later than 2 years, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year,
and request the Minister, in that notice, to consider the school, or the school in so far as it provides education at that level, for inclusion in the list of systemic schools as in force for the purposes of this Act or of any subsequent schools assistance Act in force at the time at which it is proposed that the financial assistance commence to be provided.
(10) Where—
(a) in a case where it is proposed that financial assistance commence to be provided in respect of a school, or in respect of a school in so far as it provides education at a particular level, during the year 1985, (being a school that will, after that financial assistance commences to be so provided, be included in an approved school system)—the Minister has, otherwise than under this Act and before 1 July 1984, received an application from a person or body that became, for the purposes of this Act, the approved authority of that approved school system, seeking such financial assistance in respect of the school, or of the school in so far as it provides education at that level; or
(b) in a case where it is proposed that financial assistance commence to be provided in respect of a school, or in respect of a school in so far as it provides education at a particular level, during the year 1986, 1987, 1988, 1989 or 1990—the Minister has received notice, under and in accordance with sub-section (9), from the approved authority of the approved school system in which it is intended that the school be included after the provision of that financial assistance, in respect of the school, or in respect of the school in so far as it provides education at that level,
the Minister shall, by notice in writing given to the approved authority—
(c) if the Minister is satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion
of the school, or of the school in so far as it provides, or proposes to provide, education at that level, in the list of systemic schools; and
(d) if the Minister is not satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth—inform the approved authority accordingly and invite the approved authority to make, within such period as the Minister specifies, such submissions relating to the proposed provision of financial assistance in respect of the school, or in respect of the school in so far as it provides, or proposes to provide, education at that level, as the approved authority considers appropriate.
(11) Where the Minister invites an approved authority, pursuant to sub-section (10), to make submissions in respect of the proposed provision of financial assistance from the Commonwealth in respect of a school, or of a school in so far as it provides, or proposes to provide, education at a particular level, within a prescribed period, the Minister shall, by notice in writing given to the approved authority—
(a) if the Minister becomes satisfied, having regard to any submissions that are made, that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for the receipt of such financial assistance—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at that level, in the list of systemic schools; and
(b) if the approved authority fails to make any submissions within the specified period, or if the Minister, after having regard to any submissions made within that period, does not become satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth—inform the approved authority accordingly.
(12) Where, pursuant to an application that financial assistance commence to be provided in the year 1985, 1986, 1987 or 1988, in respect of a school, or a school in so far as it provides education at a particular level, the Minister has informed the approved authority of the approved school system in which the school is, or will be, included, pursuant to sub-section (10) or (11), that the Minister provisionally approves the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at that particular level, in the list of systemic schools, the Minister shall, as soon as practicable after the commencement of that year, upon the Minister’s becoming satisfied—
(a) that the school, or the school in so far as it provides education at that level, has been recognized by the State Education Minister of the State in which the school is situated;
(b) that the school is not conducted for the profit, direct or indirect, of an individual or individuals; and
(c) that the school has on the date when it is so recognized, or is so recognized in so far as it provides education at that level, or on such later date as the Minister in special circumstances, allows, a number of students enrolled at each level, or at that particular level, at which education is provided, that is not less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that date,
by determination in writing vary the list of systemic schools by including in the list that school, or that school in so far as it provides education at that level, with effect from a date specified in the determination, including a date before the making of the determination, and, where the Minister does so, the list shall be deemed, with effect from that date, to be or to have been so varied.
(13) For the purposes of this section, the Minister shall be satisfied that a school, or a school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth if and only if the Minister is satisfied that—
(a) the school, or the provision of education at that level by the school, has been the subject of adequate consultation with education authorities of the State in which the school is situated;
(b) if it is proposed that financial assistance from the Commonwealth commence to be provided in respect of the school, or the school in so far as it provides, or proposes to provide, education at that level, during the year 1985 and the school is, or is to be, situated in an area other than a developing area—the school, or the school in so far as it provides, or proposes to provide, education at that level, is not likely to have a significant adverse effect on the viability of existing government or non-government schools (if any) in that first-mentioned area;
(c) the school, or the school in so far as it provides, or proposes to provide, education at that level, has reasonable prospects of long-term viability; and
(d) if it is proposed that financial assistance from the Commonwealth commence to be provided in respect of the school, or the school in so far as it provides, or proposes to provide, education at that level, during the year 1986, 1987, 1988, 1989 or 1990—the school, or the school in so far as it provides, or proposes to provide, education at that level, accords with such other requirements, if any, as are prescribed for the purposes of this paragraph.
(14) Where—
(a) in the case of a school included in the list of systemic schools with effect from 1 January 1985 or a later date—the number of students enrolled at the school at any level on any schools census date in a year to which section 28 applies; or
(b) in the case of a school included in the list of systemic schools with effect from 1 January 1985 or a later date in respect of the provision of education at a particular level—the number of students enrolled at
that level on any schools census date in a year to which section 28 applies,
is less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that schools census date, the Minister may, by notice in writing given to the approved authority of the approved school system in which that school is included, inform the approved authority that the Minister proposes, unless the approved authority establishes, by written submission made to the Minister within a period specified in the notice, that there is a special justification for the low enrolment, by determination in writing, to vary the list of systemic schools in a manner referred to in sub-section (17).
(15) Where—
(a) the Minister is satisfied that the total expenditure of a recurrent nature during a year to which section 28 applies in respect of all the systemic schools in an approved school system from income received in respect of all those schools in respect of that year from sources other than the Commonwealth Government or the Government of a State has not been maintained at an adequate level having regard to the level of such expenditure during the year 1983 or, in a case where the approved school system has been or is included in the list of approved school systems as in force for the purposes of a previous schools assistance Act, or this Act, after 1983, during the first full year for which data relating to the level of such expenditure in respect of systemic schools included in that approved school system is available, and to any other matters that the Minister considers relevant; and
(b) the relevant income of the approved school system (as calculated in accordance with the method specified for the purpose under sub-section 3 (11)) in respect of the most recent year for which data is available to the Commonwealth did not exceed—
(i) if education was provided by the systemic schools included in the approved school system during that year at only one level—the product of the amount that is specified, in accordance with sub-section 3 (10), to be the community standard in relation to that last-mentioned year at the level at which education was provided and the sum of the number of students enrolled at those schools at that level on the schools census date for that year; or
(ii) if education was provided during that year by the systemic schools included in the approved school system at more than one level—the aggregate of the respective products referred to in sub-paragraph (i) for each level at which education was provided by the schools,
the Minister may, by notice in writing, inform the approved authority of the approved school system that, unless the approved authority establishes, by written submission made to the Minister within a period specified in the notice that there is a special justification for the level of such expenditure during the
year that is first-mentioned in paragraph (a), the Minister may take account of the failure so to maintain the level of such expenditure in considering any variation of the level of assistance specified in respect of that approved school system in the list of approved school systems.
(16) Where the approved authority of an approved school system may, pursuant to sub-section (14) or (15), make submissions to the Minister within a specified period, the Minister shall, by notice in writing given to the approved authority—
(a) if the Minister becomes satisfied, having regard to the submissions that are made, that there exists a special justification for the matter the subject of the submission—inform the approved authority accordingly; and
(b) if the approved authority fails to make any submissions within the specified period or if the Minister, where the approved authority makes submissions within the specified period, after having regard to those submissions, does not become so satisfied—inform the approved authority that he or she is not so satisfied.
(17) Where the Minister gives an approved authority of an approved school system a notice under paragraph (16) (b)—
(a) if the notice is given in respect of a low enrolment at a systemic school in the approved school system—the Minister, may by determination in writing, vary the list of systemic schools—
(i) by removing the school from that list; or
(ii) by specifying that the school is listed only in respect of a specified level of education provided at the school,
with effect from the expiration of the 31 December next following the making of the determination and, where the Minister does so, the list shall be deemed, with effect from the expiration of that day, to be so varied; or
(b) if the notice is given in respect of a failure to maintain a level of recurrent expenditure from income of the systemic schools in the approved school system of the kind described in paragraph (15) (a)—the Minister may at any time during a year to which section 28 applies take account of the failure so to maintain the level of such expenditure in considering any variation of the level of assistance specified in respect of that approved school system in the list of approved school systems.
(18) The Minister may, having regard to any significant change in the need of an approved school system for financial assistance, including a change in the need of the approved school system arising by reason of the inclusion in or exclusion from the list of systemic schools of a school, or a school in so far as it provides education at a particular level, by determination in writing, vary the list of approved school systems, by specifying, in the instrument of variation, in respect of the approved school system, a different level at which financial assistance is to be provided in respect of the approved school system for the
purpose of meeting recurrent expenditure of the approved school system and, where the Minister does so, the variation of the list as so in force shall, unless the Minister, in special circumstances, specifies in his or her determination that it should take effect from the 1 January preceding the making of the determination, take effect from the expiration of the 31 December next following the making of the determination.
(19) A school system shall, for so long as it is declared by the Minister, for the purposes of this Act, to be an approved school system, be deemed to be included in the list of approved school systems that is in force from time to time for the purposes of this Act.
(20) The Minister shall, as soon as practicable after 31 December 1984 and 31 December of each year to which section 28 applies, and may, at such other times as the Minister considers appropriate, cause the list of systemic schools, and the list of approved school systems, in a form approved by the Minister for the purposes of this section, to be published in the Gazette.
(21) The Minister may vary the list of systemic schools or the list of approved school systems for the purpose of correcting clerical errors or making alterations of a formal kind.
(22) Where—
(a) the Minister is satisfied that the average rate of increase of fees and other compulsory charges of the systemic schools in an approved school system during a year to which section 28 applies is excessive having regard to general movements in wages and prices during that year and any other matters that the Minister considers relevant; and
(b) the income from private sources of that approved school system (as calculated in accordance with the method specified for the purpose under sub-section 3 (11)) in respect of the most recent year for which data is available to the Commonwealth exceeds—
(i) if education was provided by the systemic schools included in the approved school system during that year at only one level—the product of the amount that is specified, in accordance with sub-section 3 (10), to be the community standard in relation to that last-mentioned year at the level at which education is provided and the sum of the number of students enrolled at those schools at that level on the schools census date for that year; or
(ii) if education was provided by the systemic schools included in the approved school system during that year at more than one level—the aggregate of the respective products referred to in sub-paragraph (i) for each level at which education was so provided,
the Minister may, by notice in writing, inform the approved authority of the approved school system that, unless the approved authority provides to the Minister a special justification for the increase, the Minister may take that increase into account in determining the level
of assistance applicable to the approved school system under a subsequent schools assistance Act after 31 December 1988.
(23) Where, before the commencing day, the Minister had notified the approved authority of an approved school system in respect of one of the schools included in which a change or a partial change in the location of that school during the year 1985 was proposed, that the school as so relocated or partly relocated would be eligible to receive financial assistance from the Commonwealth, that notification shall be treated, for the purposes of this Act, as if it were a notice under sub-section (5) to the effect that the Minister provisionally approves the inclusion in the list of systemic schools of the school as so relocated or partly relocated.
List of non-systemic schools
7. (1) In this Act, a reference to the list of non-systemic schools shall be construed as a reference to the list of non-systemic schools in force for the purposes of the States Grants (Schools Assistance) Act 1983 immediately before the commencing day or, if that list is varied after that day in accordance with this section, that list as so varied.
(2) The Minister shall, where the Minister considers it appropriate to do so, as soon as practicable after the commencing day, determine in writing that the list of non-systemic schools be varied, with effect from a date specified in the determination including a date before the making of the determination, by substituting for the level, denominated as level 1a, level 1b, level 2 or level 3, at which financial assistance was provided in respect of the school under the States Grants (Schools Assistance) Act 1983 a new level, denominated by a number between 1 and 12 (inclusive), at which financial assistance is to be provided in respect of the school under this Act, and, where the Minister does so, the list shall, with effect from that date, be deemed to be so varied.
(3) Where it is proposed, in relation to a non-systemic school, to initiate, at any time during a year between 1986 and 1990 (inclusive)—
(a) a change in the location of the school or of any part of the school; or
(b) a change constituted by the provision of a new level of education at the school,
the approved authority of the school shall inform the Minister of the change, by notice in writing, given to the Minister—
(c) in a case where the change is proposed to be initiated during the year 1986—not later than 1 year or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year; and
(d) in a case where the change is proposed to be initiated during the year 1987, 1988, 1989 or 1990—not later than 2 years or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year,
setting out particulars of the proposed change and requesting that the list of non-systemic schools as in force for the purposes of this Act or of a subsequent
schools assistance Act in force at the time of the proposed change be varied to include the school as so relocated or partly relocated or the school in so far as it provides education at the proposed new level.
(4) Where the Minister has received notice of a proposed change to a non-systemic school—
(a) in a case where that change is a change similar to the kind of change referred to in sub-section (3) but the change is proposed to be initiated during the year 1985—otherwise than under this Act and before 15 October 1984; or
(b) in a case where the change is proposed to be initiated during the year 1986, 1987, 1988, 1989 or 1990—under and in accordance with sub-section (3),
the Minister shall, by notice in writing given to the approved authority of the school—
(c) if the Minister is satisfied that the change meets the criteria for acceptable changes to existing schools—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion in the list of non-systemic schools of the school as so relocated or partly relocated or of the school in so far as it provides education at the proposed new level; or
(d) if the Minister is not so satisfied—inform the approved authority accordingly and invite the approved authority to make, within such period as the Minister specifies, such submissions, in writing, in relation to the change, as the approved authority considers appropriate.
(5) Where the Minister invites an approved authority of a school, pursuant to sub-section (4), to make submissions in relation to a proposed change to the school within a specified period, the Minister shall, by notice in writing given to the approved authority of the school—
(a) if the Minister becomes satisfied, having regard to any submissions that are made, that the change the subject of the submissions meets the criteria for acceptable change—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion in the list of non-systemic schools of the school as so relocated or partly relocated or of the school in so far as it provides education at the proposed new level; or
(b) if the approved authority fails to make any submissions within the specified period or if the Minister, where the approved authority makes submissions within the specified period, does not, after having regard to those submissions, become so satisfied in respect of the change—inform the approved authority accordingly.
(6) Where the approved authority of a non-systemic school initiates, during a year to which section 29 applies, a change of the kind referred to in paragraph (3) (a), or, so far as a change initiated during the year 1985 is
concerned, a change similar to a change so referred to, in respect of the relocation or partial relocation of the school—
(a) if the approved authority did not inform the Minister, in the manner referred to in sub-section (4), of the proposed change or if the Minister has informed the approved authority, pursuant to sub-section (5), that the Minister is not satisfied that the proposed change meets the criteria for acceptable change—the Minister may, by determination in writing, vary the list of non-systemic schools by removing the school from the list with effect from a date specified in the determination, including a date before the making of the determination, and, where the Minister does so, the list shall, with effect from that date, be deemed to be or to have been so varied; and
(b) if the Minister has informed the approved authority, pursuant to sub-section (4) or (5), that the Minister provisionally approves the inclusion of the school as so relocated, on the list of non-systemic schools, the Minister shall, upon the Minister’s becoming satisfied that the school, as so relocated or partly relocated, has been recognized by the State Education Minister of the State in which the school is situated, by determination in writing, vary the list of non-systemic schools by specifying that the school is listed as so relocated or partly relocated with effect from a date specified in the determination, including a date before the making of the determination, and, where the Minister does so, the list shall, with effect from that date, be deemed to be or to have been so varied.
(7) Where the approved authority of a non-systemic school initiates, during a year to which section 29 applies, a change of the kind referred to in paragraph (3) (b), or, so far as a change initiated during the year 1985 is concerned, a change similar to a change so referred to, and the Minister has informed the approved authority, pursuant to sub-section (4) or (5), that the Minister provisionally approves the inclusion in the list of non-systemic schools of the school, in so far as the school provides education at a new level, the Minister shall, upon the Minister’s becoming satisfied—
(a) that the school, in so far as it provides education at that level has been recognized by the State Education Minister of the State in which the school is situated; and
(b) that the school has, on the date that it is so recognized in so far as it provides education at that level, or such later date as the Minister, in special circumstances, allows, a number of students at that level enrolled at that level that is not less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that date,
by determination in writing vary the list of non-systemic schools by including in the list that school in so far as it provides education at that level with effect from a date specified in the determination, including a date before the making of the determination, and, where the Minister does so, the list shall, with effect from that date, be deemed to be or to have been so varied.
(8) For the purposes of this section, the Minister shall be satisfied that a proposed change in a non-systemic school meets the criteria for acceptable change if, and only if, the Minister is satisfied that—
(a) in a case where the proposed change is a change of the kind referred to in paragraph (3) (b)—the change is being made in accordance with a plan for the development of the school that was publicly announced at the time of its establishment; or
(b) in the case of any proposed change of a kind referred to in sub-section (3) or of a change proposed to be initiated during the year 1985 that is similar to a change so referred to—
(i) the proposed change has been the subject of adequate consultation with education authorities of the State in which the school is situated;
(ii) if the change is proposed to be initiated in the year 1985 and the school concerned is situated within an area other than a developing area—the proposed change is not likely to have a significant adverse effect upon the viability of existing government and non-government schools (if any) in the first-mentioned area;
(iii) the school as proposed to be so changed has reasonable prospects of long-term viability; and
(iv) if the change is proposed to be initiated in the year 1986, 1987, 1988, 1989 or 1990—the proposed change accords with such other requirements, if any, relating to changes to existing schools as are prescribed for the purposes of this sub-paragraph.
(9) Where—
(a) a person or body that is principally responsible for—
(i) the control of an existing school, or the establishment of a new school, that is not included in the list of non-systemic schools; or
(ii) the control of an existing school that is included in the list of non-systemic schools, but that is not so included in so far as it provides education at a particular level, being a level at which the school has provided education at all times since it was included in the list of systemic schools as in force for the purposes of this Act or of any previous schools assistance Act,
seeks the provision of financial assistance from the Commonwealth commencing in a year between 1986 and 1990 (inclusive) in respect of the school, or in respect of the school in its provision of education at that level; and
(b) the school will not, after that financial assistance commences to be so provided, be included in an approved school system,
the person or body may make application to the Minister for the provision of such financial assistance commencing in that year by notice in writing, being a notice accompanied by such particulars as will, in the opinion of the person or body, permit the Minister to determine whether the school meets the criteria
for receipt of financial assistance from the Commonwealth given to the Minister—
(c) if it is proposed that financial assistance commence to be provided in respect of the school, or of the school in so far as it provides education at that level, in the year 1986—not later than 1 year, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year; and
(d) if it is proposed that financial assistance commence to be provided in respect of the school, or of the school in so far as it provides education at that level, during the year 1987, 1988, 1989 or 1990—not later than 2 years, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year,
and request the Minister, in that notice, to consider the school, or the school in so far as it provides education at that level, for inclusion in the list of non-systemic schools as in force for the purposes of this Act or of any subsequent schools assistance Act in force at the time at which it is proposed that the financial assistance commence to be provided.
(10) Where—
(a) in a case where it is proposed that financial assistance commence to be provided in respect of a school, or in respect of a school in so far as it provides education at a particular level, during the year 1985 (being a school that will not, after that financial assistance commences to be so provided, be included in an approved school system)—the Minister has, otherwise than under this Act and before 1 July 1984, received an application from the person or body principally responsible for, in the case of an existing school the control of the school and, in the case of a new school, the establishment of the school, seeking such financial assistance in respect of the school, or of the school in so far as it provides education at that level; or
(b) in a case where it is proposed that financial assistance commence to be provided in respect of a school, or in respect of a school in so far as it provides education at a particular level, during the year 1986, 1987, 1988, 1989 or 1990—the Minister has received notice under and in accordance with sub-section (9) from the person or body referred to in that sub-section in respect of the school, or in respect of the school in so far as it provides education at that level,
the Minister shall, by notice in writing given to the person or body (in this section referred to as the “relevant authority”)—
(c) if the Minister is satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth—inform the relevant authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion of the school, or of the school in so far as it provides, or proposes to provide, education at that level, on the list of non-systemic schools; and
(d) if the Minister is not satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth—inform the relevant authority accordingly and invite the relevant authority to make, within such period as the Minister specifies, such submissions relating to the proposed provision of financial assistance in respect of the school, or in respect of the school in so far as it provides, or proposes to provide, education at that level, as the relevant authority considers appropriate.
(11) Where the Minister invites a relevant authority, pursuant to sub-section (10), to make submissions in respect of the proposed provision of financial assistance from the Commonwealth in respect of a school, or of a school in so far as it provides, or proposes to provide, education at a particular level, within a prescribed period, the Minister shall, by notice in writing given to the relevant authority—
(a) if the Minister becomes satisfied, having regard to any submissions that are made, that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for the receipt of such financial assistance—inform the relevant authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion of the school, or of the school in so far as it provides, or proposes to provide, education at that level, in the list of non-systemic schools; and
(b) if the relevant authority fails to make any submissions within the specified period, or if the Minister, after having regard to any submissions made within that period, does not become satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth—inform the relevant authority accordingly.
(12) Where, pursuant to an application that financial assistance commence to be provided during the year 1985, 1986, 1987 or 1988 in respect of a school, or a school in so far as it provides education at a particular level, the Minister has informed the relevant authority of the school, pursuant to sub-section (10) or (11), that the Minister provisionally approves the inclusion of the school, or of the school in so far as it provides, or proposes to provide, education at that level, in the list of non-systemic schools, the Minister shall, as soon as practicable after the commencement of that year, upon the Minister’s becoming satisfied—
(a) that the school, or the school in so far as it provides education at that level has been recognized by the State Education Minister of the State in which the school is situated;
(b) that the school is not conducted for the profit, direct or indirect, of an individual or individuals; and
(c) that the school has on the date when it is so recognized, or is so recognized in so far as it provides education at that level, or such later
date as the Minister, in special circumstances, allows, a number of students enrolled at each level, or at that particular level, at which education is provided, that is not less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that date,
by determination in writing vary the list of non-systemic schools by including in the list that school, or that school in so far as it provides education at that level, with effect from a date specified in the determination, including a date before the making of the determination, and, where the Minister does so, the list shall be deemed, with effect from that date, to be or to have been so altered.
(13) Where the Minister makes a determination under sub-section (12) varying the list of non-systemic schools as in force for the purposes of this Act or of a subsequent schools assistance Act by including in the list a school, or a school in so far as it provides education at a particular level, the Minister shall, in respect of the school so included, specify in the determination the level, being a level of assistance set out in column 1 of Parts I, II, III and IV of Schedule 9, at which financial assistance is to be provided under section 29 to the school, or to the school in so far as it provides education at that level, for the purpose of meeting recurrent expenditure of the school, or of the school in the provision of education at that level.
(14) The Minister shall, in determining, for the purposes of sub-section (13), the level at which financial assistance is to be provided under this section to a school, or to a school in so far as it provides education at a particular level, for the purpose of meeting recurrent expenditure of the school, or of the school in respect of the provision of education at that level, have regard to the need of the school for such assistance.
(15) For the purposes of this section, the Minister shall be satisfied that a school, or a school in so far as it provides education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth if and only if the Minister is satisfied that—
(a) the school, or the provision of education at that level by the school, has been the subject of adequate consultation with education authorities of the State in which the school is situated;
(b) if it is proposed that financial assistance from the Commonwealth commence to be provided in respect of the school, or the school in so far as it provides, or proposes to provide, education at that level, during the year 1985 and the school is, or is to be, situated in an area other than a developing area—the school, or the school in so far as it provides, or proposes to provide, education at that level, is not likely to have a significant adverse effect on the viability of existing government or non-government schools (if any) in that first-mentioned area;
(c) the school, or the school in so far as it provides, or proposes to provide, education at that level, has reasonable prospects of long-term viability; and
(d) if it is proposed that financial assistance from the Commonwealth commence to be provided in respect of the school, or the school in so far as it provides, or proposes to provide, education at that level, during the year 1986, 1987, 1988, 1989 or 1990—the school, or the school in so far as it provides, or proposes to provide, education at that level, accords with such other requirements, if any, as are prescribed for the purposes of this paragraph.
(16) Where—
(a) in the case of a school included in the list of non-systemic schools with effect from 1 January 1985 or a later date—the number of students enrolled at the school at any level on any schools census date in a year to which section 29 applies; or
(b) in the case of a school included in the list of non-systemic schools with effect from 1 January 1985 or a later date in respect of the provision of education at a particular level—the number of students enrolled at that level on any schools census date in a year to which section 29 applies,
is less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that schools census date, the Minister may, by notice in writing given to the approved authority of the school, inform the approved authority that the Minister proposes, unless the approved authority establishes, by written submission made to the Minister within a period specified in the notice, that there is a special justification for the low enrolment, by determination in writing, to vary the list of non-systemic schools in a manner referred to in sub-section (19).
(17) Where—
(a) the Minister is satisfied that the total expenditure of a recurrent nature during a year to which section 29 applies in respect of a non-systemic school from income received in respect of that school in respect of that year from sources other than the Commonwealth Government or the Government of a State has not been maintained at an adequate level having regard to the level of such expenditure during the year 1983 or, in the case of a school that is included in the list of non-systemic schools as in force for the purposes of a previous schools assistance Act, or this Act, after 1983, during the first full year for which data relating to the level of such expenditure is available, and to any other matters that the Minister considers relevant; and
(b) the relevant income of the school (as calculated in accordance with the method specified for the purpose under sub-section 3 (11)) in respect of the most recent year for which data is available to the Commonwealth did not exceed—
(i) if education was provided by the school during that year at only one level—the product of the amount that is specified, in accordance with sub-section 3 (10), to be the community standard in relation to that last-mentioned year at the level at which education was provided and the sum of the number of
students enrolled at that school on the schools census date for that year; or
(ii) if education was provided by the school during that year at more than one level—the aggregate of the respective products referred to in sub-paragraph (i) for each level at which education was provided,
the Minister may, by notice in writing given to the approved authority, inform the approved authority that, unless the approved authority establishes, by written submission made to the Minister within a period specified in the notice that there is a special justification for the level of such expenditure during the year that is first-mentioned in paragraph (b), the Minister may take account of the failure so to maintain the level of such expenditure in considering any variation of the level of assistance specified in respect of that school in the list of non-systemic schools.
(18) Where an approved authority of a school may, pursuant to sub-section (16) or (17), make submissions to the Minister within a specified period, the Minister shall, by notice in writing given to the approved authority—
(a) if the Minister becomes satisfied, having regard to the submissions that are made, that there exists a special justification for the matter the subject of the submission—inform the approved authority accordingly; and
(b) if the approved authority fails to make any submissions within the specified period or if the Minister where the approved authority does make submissions within the specified period, after having regard to those submissions, does not become so satisfied—inform the approved authority that he or she is not so satisfied.
(19) Where the Minister gives an approved authority of a school a notice under paragraph (18) (b)—
(a) if the notice is given in respect of a low enrolment at the school—the Minister, may by determination in writing, vary the list of non-systemic schools—
(i) by removing the school from that list; or
(ii) by specifying that the school is listed only in respect of a specified level of education provided at the school,
with effect from the expiration of the 31 December next following the making of the determination and, where the Minister does so, the list shall be deemed, with effect from the expiration of that day, to be so varied; or
(b) if the notice is given in respect of a failure to maintain a level of recurrent expenditure from income of the school of the kind referred to in paragraph (17) (a)—the Minister may at any time during a year to which section 28 applies take account of the failure so to maintain the level of such expenditure in considering any variation of the level of
financial assistance specified in respect of that school in the list of non-systemic schools.
(20) The Minister may, having regard to any significant change in the need of a non-systemic school for financial assistance, for the purpose of meeting recurrent expenditure of the school, by determination in writing, vary the list of non-systemic schools by specifying, in the instrument of variation, in respect of the school, a different level at which financial assistance is to be provided to the school for the purpose of meeting recurrent expenditure of the school and, where the Minister does so, the variation to the list as so in force shall, unless the Minister, in special circumstances, specifies in his or her determination that it should take effect from the 1 January preceding the making of the determination, take effect from the expiration of the 31 December next following the making of the determination.
(21) The Minister shall, as soon as practicable after 31 December 1984 and 31 December of each year to which section 29 applies, and may, at such other times as the Minister considers appropriate, cause the list of non-systemic schools, in a form approved by the Minister for the purposes of this section, to be published in the Gazette.
(22) The Minister may vary the list of non-systemic schools for the purpose of correcting clerical errors or making alterations of a formal kind.
(23) Where—
(a) the Minister is satisfied that the rate of increase of fees and other compulsory charges of a non-systemic school during a year to which section 29 applies is excessive having regard to general movements in wages and prices during that year and any other matters that the Minister considers relevant; and
(b) the income from private sources of that school (as calculated in accordance with the method specified for the purpose under sub-section 3 (11)) in respect of the most recent year for which data is available to the Commonwealth exceeds—
(i) if education was provided by the school during that year at only one level—the product of the amount that is specified, in accordance with sub-section 3 (10), to be the community standard in relation to that last-mentioned year at the level at which education is provided and the number of students enrolled at the school at that level on the schools census date for that year; or
(ii) if education was provided by the school during that year at more than one level—the aggregate of the respective products referred to in sub-paragraph (i) for each level at which education was provided,
the Minister may, by notice in writing, inform the approved authority of the school that, unless the approved authority provides to the Minister a special justification for the increase, the Minister may, in the Minister’s discretion, take
that increase into account in determining the level of assistance applicable to the school under a subsequent schools assistance Act after 31 December 1988.
(24) Where, before the commencing day, the Minister had notified the approved authority of a non-systemic school in respect of which a change or a partial change in the location of the school during the year 1985 was proposed that the school as so relocated or partly relocated would be eligible to receive financial assistance from the Commonwealth, that notification shall be treated, for the purposes of this Act, as if it were a notice under sub-section (5) to the effect that the Minister provisionally approves the inclusion in the list of non-systemic schools of the school as so relocated or partly relocated.
Movement of schools between lists
Where an application is made under section 6 for the inclusion in the list of systemic schools, or under section 7 for the inclusion in the list of non-systemic schools, of a school that is included in the other of those lists, and, pursuant to that application the Minister makes a determination, as a result of which the list of systemic schools, or the list of non-systemic schools, as the case requires, as in force for the purposes of this Act or of a subsequent schools assistance Act, is deemed to be varied by the inclusion in that list of that school with effect from a particular date, the other of those lists, as so in force for the purposes of this Act or of a subsequent schools assistance Act, shall, by force of this section, be deemed to be varied by the exclusion of that school with effect from the date preceding that date.
PART II—GOVERNMENT SCHOOLS PROGRAMS
Grants for building projects and equipment projects in connection with government schools
(1) Subject to section 10, 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 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 expenditure, in respect of commitments already undertaken, or to be undertaken, not later than 31 December 1985, 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; and
(b) if, at or before the time of the payment of an amount of financial assistance to the State under this section, the Minister determines that so much of that amount as is represented by a specified amount is to be taken to have been paid to the State for a specified prescribed purpose (in this section referred to as a “designated amount” in relation to that prescribed purpose), the State will ensure that—
(i) in the application, as mentioned in paragraph (a), of the amount first referred to in that paragraph, not less than so much of that last-mentioned amount as is equal to the sum of the designated amounts in relation to a prescribed purpose is applied by the State for the purpose of meeting expenditure that relates to the prescribed purpose; and
(ii) in the application, as mentioned in paragraph (a), of so much of the amount first referred to in that paragraph as is equal to the sum of the designated amounts in relation to the prescribed purpose referred to in paragraph (a) of the definition of “prescribed purpose” in sub-section (7)—not more than the prescribed maximum amount is applied by the State for the purpose of meeting expenditure in relation to any particular school that relates to that prescribed purpose.
(3) The sum of the designated amounts that are determined by the Minister under paragraph (2) (b) to have been paid to a State in relation to a particular prescribed purpose shall not exceed the amount specified opposite to the name of the State in whichever of columns 3, 4, 5 or 6 of Schedule 1 relates to that prescribed purpose.
(4) Subject to sub-section 3 (12), a State may, for the purposes of this section, treat amounts that have been applied by the State after 30 September 1984 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.
(5) The Minister shall not authorize a payment to a State under sub-section (1) unless and until the Commonwealth Education Minister is satisfied that arrangements have been made in accordance with which—
(a) the State will, at such times as the Commonwealth Education Minister and the appropriate Minister of the State agree are appropriate, give to the Commonwealth Education Minister 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.
(6) Without limiting the generality of the expression “building projects and equipment projects in connection with government primary schools and government secondary schools” in this section, that expression includes a project the sole or principal object of which is to provide hostel accommodation for students at those schools.
(7) In this section—
“prescribed maximum amount”, in relation to a school, means—
(a) unless the school is a school included in a class of schools referred to in paragraph (b)—$150,000; or
(b) if the school is included in a class of schools determined by the Minister for the purposes of this paragraph—such amount in excess of $150,000 as the Minister specifies in the determination in relation to that class;
“prescribed purpose” means a building or equipment project—
(a) in connection with the renovation or replacement of facilities at a government school other than a proposed government school, not being a project the effect of which is, or is likely to be, to create additional places at that school;
(b) the sole or principal object of which is to provide library facilities or library services at a government school;
(c) the sole or principal object of which is to provide facilities for handicapped children in government schools; or
(d) in connection with the provision of secondary education at a government school, not being a project the effect of which is or is likely to be, to create additional places at that school.
Limits on grants under section 9
10. (1) The Minister shall not authorize payments to a State under sub-section 9 (1) that exceed, in the aggregate, the amount specified in column 7 of Schedule 1 opposite to the name of the State.
(2) At any time, and from time to time, during the year 1985, but subject to sub-section (3), the Minister may direct that this Act shall have effect as if some or all of the amounts specified in column 2, 3, 4, 5, 6 or 7 of Schedule 1 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, those amounts as so varied.
(3) A direction given under sub-section (2) shall not provide for a variation of any amounts specified in column 2, 3, 4, 5, 6 or 7 of Schedule 1 in such a way that, after the variation, the aggregate of the amounts specified in column 7 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), the Minister shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.
Grants for recurrent expenditure in connection with government schools
11. (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 government schools in the State in respect of a year to which this section applies, 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 the column of Part II of Schedule 2 that relates to that year and the number of students receiving primary education at government schools in the State on the schools census date for that year or on such other date as the Minister, in special circumstances, determines for the purposes of this paragraph in relation to the State in respect of that year;
(b) an amount equal to the product of the amount specified in the column of Part IV of Schedule 2 that relates to that year and the number of students receiving secondary education at government schools in the State on the schools census date for that year or on such other date as the Minister determines for the purposes of this paragraph in relation to the State in respect of that year;
(c) if primary education is provided at any government school in the State for part-time students as well as for full-time students, an amount equal to such amount (if any) as the Minister, in special circumstances, determines to be the amount of financial assistance to be provided to the State for the purposes of meeting recurrent expenditure in respect of that year, in connection with those part-time students;
(d) if secondary education is provided at any government school in the State 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 State for the purpose of meeting recurrent expenditure in respect of that year, in connection with those part-time students;
(e) an additional amount in relation to government primary schools in the State equal to the product of the amount (if any) determined by the Minister under sub-section (2), or in a resource agreement entered into under sub-section (3), for the purposes of this paragraph in relation to the State in respect of that year and the number of students receiving primary education at government schools in the State on the schools census date in that year or on such other date as the Minister determines for the purposes of paragraph (a) in relation to the State in respect of that year;
(f) an additional amount in relation to government secondary schools in the State equal to the product of the amount (if any) determined by the Minister under sub-section (2), or in a resource agreement entered
into under sub-section (3), for the purposes of this paragraph in relation to the State in respect of that year and the number of students receiving secondary education at government schools in the State on the schools census date in that year or on such other date as the Minister determines for the purposes of paragraph (b) in relation to the State in respect of that year.
(2) The Minister may determine an amount under the sub-section in relation to government primary schools, or government secondary schools, in a State, in respect of the year 1985, for the purposes of paragraph (1) (e) or (f) if, and only if, before 1 January 1985 or such later date as the Minister determines, the State has provided to the Commonwealth a statement, in a form approved by the Minister, setting out, in respect of that year, the particular areas of expenditure to which the State proposes to apply an amount equal, or amounts that in the aggregate are equal, to the estimated financial assistance that will be provided under this section in respect of those schools in respect of that year by reason of that determination.
(3) The Commonwealth and a State may, before 1 January of the year 1986, 1987 or 1988, or such later date as the Minister determines in respect of that year, enter into an agreement, to be called a “resource agreement”, in respect of that year, relating to particular areas of expenditure, or to a particular area of expenditure, of a recurrent nature in relation to government primary schools, government secondary schools, or government primary schools and government secondary schools, in the State, in respect of that year whereby—
(a) an amount is determined for the purposes of paragraph (1) (e) or (f), or amounts are determined for the purposes of both of those paragraphs, in relation to the State in respect of that year; and
(b) the State agrees that it will undertake expenditure at certain levels, or at a certain level, (whether expressed as a per capita rate per student or otherwise) in that year, on each of the particular areas of expenditure, or on the particular area of expenditure, to which the agreement relates.
(4) An amount determined by the Minister under sub-section (2), or in a resource agreement entered into by the Commonwealth and a State, for the purposes of paragraph (1) (e), in relation to government schools in the State in respect of a year to which this section applies shall not exceed the amount, if any, by which the amount specified in the column of Part I of Schedule 2 that relates to that year exceeds the amount specified in the column of Part II of that Schedule that relates to that year.
(5) An amount determined by the Minister under sub-section (2), or in a resource agreement entered into by the Commonwealth and a State, for the purposes of paragraph (1) (f), in relation to government schools in the State in respect of a year to which this section applies, shall not exceed the amount, if any, by which the amount specified in the column of Part III of Schedule 2 that
relates to that year exceeds the amount specified in the column of Part IV of that Schedule that relates to that year.
(6) Financial assistance is granted to a State under this section in respect of a year to which this section applies on the condition that the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section in that year is applied by the State, according to the needs of government primary schools and government secondary schools in the State.
(7) The Minister shall not authorize a payment to a State under sub-section (1) unless and until the Minister is satisfied that arrangements have been made in accordance with which the State will give to the Minister such general particulars as the Minister requires of recurrent expenditure (other than expenditure funded from Commonwealth education grants) undertaken, or proposed to be undertaken, in connection with government primary schools and government secondary schools in the State in respect of such period or periods as the Minister determines.
(8) A reference in sub-section (7) to expenditure funded from Commonwealth education grants is a reference to expenditure to which is applied an amount equal to an amount of financial assistance granted to a State under this Act or any other Act that provides for the granting of financial assistance to the States, or to the States and the Northern Territory, for and in relation to schools.
(9) This section applies to the years 1985, 1986, 1987 and 1988.
Minister may, in certain circumstances, authorize grants for purposes of other provisions
12. (1) This section applies in relation to a State in respect of the year 1986, 1987 or 1988—
(a) where the amount determined for the purposes of paragraph 11 (1) (e) in a resource agreement entered into by the Commonwealth and the State in accordance with sub-section 11 (3) in respect of that year is less than the maximum amount that could have been determined in that agreement for the purposes of that paragraph, where no amount is so determined in such an agreement between the Commonwealth and the State in respect of that year or where no such agreement is entered into between the Commonwealth and the State in respect of that year; or
(b) where the amount determined for the purposes of paragraph 11 (1) (f) in a resource agreement entered into by the Commonwealth and the State in accordance with sub-section 11 (3) in respect of that year is less than the maximum amount that could have been determined in that agreement for the purposes of that paragraph, where no amount is so determined in such an agreement between the Commonwealth and the State in respect of that year or where no such
agreement is entered into between the Commonwealth and the State in respect of that year.
(2) The Minister may, subject to this section, authorize the payment to a State in respect of the year 1986, 1987 or 1988 of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate the sum of the following amounts—
(a) in so far as this section applies in relation to the State in respect of that year by virtue of paragraph (1) (a)—an amount equal to the difference between the amount, if any, calculated in accordance with paragraph 11 (1) (e) in respect of that year in relation to that State and the amount that would have been so calculated if a resource agreement had been entered into by the Commonwealth and the State in respect of that year that determined an amount for the purposes of that last-mentioned paragraph equal to the maximum amount that could have been so determined in relation to that State in respect of that year for the purposes of that last-mentioned paragraph;
(b) in so far as this section applies in relation to the State in respect of that year by virtue of paragraph (1) (b)—an amount equal to the difference between the amount, if any, calculated in accordance with paragraph 11 (1) (f) in respect of that year in relation to that State and the amount that would have been so calculated if a resource agreement had been entered into by the Commonwealth and the State in respect of that year that determined an amount for the purposes of that last-mentioned paragraph equal to the maximum amount that could have been so determined in relation to that State in respect of that year for the purposes of that last-mentioned paragraph.
(3) Where the Minister, in respect of the year 1986, 1987 or 1988, authorizes a payment to a State under sub-section (2), the Minister shall direct that the payment is authorized for the purposes of—
(a) a particular provision of this Act (other than section 11), being a provision that provides for the granting of financial assistance to the State in respect of its expenditure of a recurrent nature in that year, or in a number of years including that year, in relation to government schools in the State or to projects or programs connected with such schools; or
(b) section 7 of the States Grants (Education Assistance—Participation and Equity) Act 1983, or a corresponding provision of a later Act, making provision for financial assistance in similar or substantially similar circumstances, in so far as that section or that corresponding provision applies to that year.
(4) Where the Minister has authorized a payment to a State under sub-section (2) in respect of the year 1986, 1987 or 1988 and the Minister has, in accordance with sub-section (3), given a direction that the payment is authorized for the purposes of a provision of this Act, of a kind referred to in paragraph (3) (a), the payment shall be deemed to have been authorized under
that provision in respect of that year and the amount of the payment so authorized to be made shall not be taken into account for the purposes of any provision of this Act that sets a limit on the amount of all or any of the payments that may be authorized for the purposes of the first-mentioned provision.
(5) Where the Minister has authorized a payment to a State under sub-section (2) in respect of the year 1986, 1987 or 1988 and the Minister has, in accordance with sub-section (3), given a direction that the payment is authorized for the purposes of section 7 of the States Grants (Education Assistance—Participation and Equity) Act 1983, or a corresponding provision of a later Act making provision for financial assistance in similar or substantially similar circumstances, the payment shall be deemed to have been authorized under that section, or that corresponding provision, in respect of that year and the amount of the payment so authorized to be made shall not be taken into account for the purposes of any provision of that Act that sets a limit on the amount of all or any of the payments that may be authorized for the purposes of the first-mentioned section or provision.
Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with government schools
(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 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 1985, 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 13
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 recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with government schools
(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 condition 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 courses commencing in 1985, 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, commencing in that year at or in connection with a government school in the State—
(i) enrolled in the course before 1 April 1985 or before the date occurring 6 months after the date of his or her 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 or her completion of the course, primary education or secondary education at a government school or non-government school; and
(iii) if he or she arrived in Australia before 1 November 1984—did not undertake, or commence to undertake, in Australia, a course (being a course in respect of which financial assistance has been granted under this Act or a previous schools assistance Act) similar to that first mentioned course before that date.
Grants for expenditure in connection with government disadvantaged schools
16. (1) Subject to section 17, 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 1985, 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 1985, 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 16
The Minister shall not authorize payments to a State under section 16 that exceed, in the aggregate, the amount specified in column 2 of Schedule 4 opposite to the name of the State.
Grants for expenditure in connection with special education at government schools, &c.
(1) Subject to section 19, 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 1985, 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 5 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 1985, 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 18, &c.
(1) The Minister shall not authorize payments to a State under section 18 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 1985, 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 5 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 5 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), the Minister shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.
Grants for expenditure in connection with programs of computer education at government schools, &c.
(1) Subject to section 21, 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 respect of a year to which this section applies in connection with programs of computer education provided at or in connection with government schools in that 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 in respect of recurrent expenditure in respect of a year is applied by the State for the purpose of meeting recurrent expenditure in respect of that year in connection with programs of computer education provided at or in connection with government schools in that State.
(3) This section applies to the years 1985 and 1986.
Limits on grants under section 20
The Minister shall not authorize payments to a State under section 20 in respect of recurrent expenditure in connection with the provision of programs of computer education in respect of a year that exceed, in the
aggregate, the amount specified opposite to the name of that State in the column of Schedule 6 that relates to that year.
Grants for expenditure in connection with programs of basic learning at government schools, &c.
(1) Subject to section 23, 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 respect of a year to which this section applies in connection with programs of basic learning provided at or in connection with government schools in that 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 in respect of recurrent expenditure in respect of a year is applied by the State for the purpose of meeting recurrent expenditure in respect of that year in connection with programs of basic learning provided at or in connection with government schools in that State.
(3) This section applies to the years 1985, 1986 and 1987.
Limits on grants under section 22
(1) The Minister shall not authorize payments to a State under section 22 in respect of recurrent expenditure in connection with the provision of programs of basic learning in respect of the year 1985 that exceed, in the aggregate, the amount specified opposite to the name of that State in column 2 of Schedule 7.
(2) The Minister shall not authorize payments to the States under section 22 in respect of recurrent expenditure in connection with the provision of programs of basic learning—
(a) in respect of the year 1986—that exceed, in the aggregate, $5,331,000; and
(b) in respect of the year 1987—that exceed, in the aggregate, $5,331,000.
Additional conditions to which grants of financial assistance under Part subject
(1) Financial assistance is granted to a State under section 9 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1986 or such later date as the Minister approves)—
(a) a certificate by an authorized person to the effect that the person is satisfied that the condition specified in paragraph 9 (2) (a) has been fulfilled in relation to that financial assistance; and
(b) a statement, in accordance with a form approved by the Minister, 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 paragraph 9 (2) (a) 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 paragraph 9 (2) (a) 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 11 in respect of a year to which that section applies On the additional condition that the State will cause to be furnished to the Minister (not later than 30 June in the year following that year or such later day as the Minister approves)—
(a) a certificate by an authorized person to the effect that the person is satisfied that the condition specified in sub-section 11 (6) has been fulfilled in respect of the amount so granted in that year; and
(b) a statement, in accordance with a form approved by the Minister that provides particulars of—
(i) the manner in which the amount applied pursuant to that condition has been applied to government primary schools and government secondary schools; and
(ii) so far as the year 1986, 1987 or 1988 is concerned—the total expenditure of the State in respect of that year in relation to each of the particular areas of expenditure, or to the particular area of expenditure, the subject of a resource agreement entered into by the Commonwealth and the State in respect of that year in relation to government primary schools and government secondary schools.
(3) Financial assistance is granted to a State under section 13, 15, 16, 18, 20 or 22 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1986 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 is satisfied that the condition or conditions specified in sub-section 13 (2), 15 (2), 16 (2), 18 (2), 20 (2) or 22 (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 pursuant to the conditions or condition so specified has been so applied.
(4) Financial assistance is granted to a State under section 13, 15, 16, 18, 20 or 22 on the additional condition that, if a State has established, or proposes to establish, a committee of persons (by whatever name described) for the sole or principal purpose of providing advice in respect of the distribution of financial assistance granted under one or more of those sections, the State Education Minister will, before making any appointment or further appointment to that
committee, consult the Commonwealth Education Minister with respect to the criteria for making appointments to that committee.
(5) Financial assistance is granted to a State under this Part on the additional conditions that the State will—
(a) ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of the amount of that financial assistance as is applied for the purpose of meeting expenditure to which that financial assistance relates, being expenditure in connection with co-educational schools in the State, are as far as practicable, equally available to male students and female students at those schools; and
(b) cause to be furnished to the Minister a statement in writing setting out such information with respect to the fulfilment of the condition specified in paragraph (a) as is required by the Minister to be so furnished.
(6) 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
25. (1) For the purposes of section 26, the Minister may, subject to 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) Where the Minister approves a building project or equipment project under sub-section (1), the Minister may, in the instrument of approval, specify—
(a) a prescribed purpose in relation to which that project is so approved;
(b) the maximum amount to be paid under section 26 in respect of that project; and
(c) conditions, other than conditions referred to in sub-paragraph 26 (2) (b) (i), (ii), (iii) and (v), in relation to which the approved authority for the school concerned with the project will be required to enter into an agreement with the Commonwealth before the State makes a grant to the approved authority under section 26 in relation to the project.
(3) The Minister shall not, in exercising powers conferred under sub-section (1) to approve building projects and equipment projects in connection with non-government schools in a State—
(a) approve projects, being projects in relation to which a particular prescribed purpose is specified, the maximum amounts specified in relation to which exceed, in the aggregate, the amount specified, opposite to the name of the State, in the column of Schedule 8 that relates to that prescribed purpose; or
(b) approve a project in connection with a particular school, being a project in relation to which the prescribed purpose referred to in paragraph (a) of the definition of “prescribed purpose” in sub-section (5) is specified unless the maximum amount specified in respect of that project, or the aggregate of the maximum amount so specified and the maximum amount or maximum amounts (if any) specified in relation to any other project approved in connection with that school, being a project in relation to which that prescribed purpose is specified, does not exceed the prescribed maximum amount in relation to that school.
(4) A project shall not be approved under sub-section (1) if—
(a) the project is in connection with a co-educational school and the Minister is of the opinion that the benefits of, and the opportunities created by, the project will not, as far as practicable, be equally available to male students and female students at the school; or
(b) the sole or principal object, or one of the principal objects, of the project is—
(i) to provide housing or other residential accommodation for teaching or other staff; or
(ii) to provide facilities for use, wholly or principally, for or in relation to religious worship.
(5) In this section—
“prescribed maximum amount”, in relation to a school, means—
(a) unless the school is a school included in a class of schools referred to in paragraph (b)—$150,000; or
(b) if the school is included in a class of schools determined by the Minister for the purposes of this paragraph—such amount in excess of $150,000 as the Minister specifies in the determination in relation to that class;
“prescribed purpose” means a building or equipment project—
(a) in connection with the renovation or replacement of facilities at a non-government school other than a proposed non-government school, not being a project the effect of which is, or is likely to be, to create additional places at that school;
(b) the sole or principal object of which is to provide library facilities or library services; or
(c) in connection with the provision of secondary education at a non-government school, not being a project the effect of which is, or is likely to be, to create additional places at that school.
Grants for building projects and equipment projects in connection with non-government schools
26. (1) Subject to section 27, 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 25, 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 25 (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 Commonwealth Education Minister furnishes a certificate to the State Education Minister for the State to the effect that the approved authority has agreed with the Commonwealth to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section in 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 1985, in relation to the project;
(ii) the approved authority will consult with the Commonwealth Education Minister for the purpose of determining appropriate methods of giving public recognition of the funding provided for the project by the Commonwealth;
(iii) 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 person who is a qualified accountant to the effect that the person is satisfied that the condition specified in sub-paragraph (i) has been fulfilled;
(iv) the approved authority will comply with such other conditions (if any) as are specified in the approval of the project under section 25;
(v) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii), (iii) or in accordance with sub-paragraph (iv), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to the project) as the Commonwealth Education Minister determines should be paid by the approved authority; and
(c) where that 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 agreed 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 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.
(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 25, 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 25, 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.
(4) Subject to sub-section 3 (12), 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 25, as having been so applied after that day.
Limits on grants under section 26, &c.
27. (1) The Minister shall not authorize payments to a State under section 26 that exceed, in the aggregate, the amount specified in column 6 of Schedule 8 opposite to the name of the State.
(2) Where a maximum amount is specified under sub-section 25 (2) in relation to a project, the Minister shall not authorize payments to a State under section 26, by way of financial assistance to the State in respect of expenditure in relation to the project, of amounts that exceed, in the aggregrate, that maximum amount.
(3) At any time, and from time to time, during the year 1985, but subject to sub-section (4), the Minister may direct that this Act has effect as if some or all of the amounts specified in column 2, 3, 4, 5 or 6 of Schedule 8 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, those amounts as so varied.
(4) A direction given under sub-section (3) shall not provide for the variation of any amounts specified in column 2, 3, 4, 5 or 6 of Schedule 8 in such a way that, after the variation, the aggregate of the amounts specified in that column 6 opposite to the names of States is greater or less than the total amount for all the States specified in that column.
(5) As soon as practicable after the Minister has given a direction under sub-section (3), the Minister 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
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 an approved school system in the State in respect of a year to which this section applies, 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—
(a) the amount specified in the column of Part II of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part that is the level of assistance specified in the list of approved school systems in relation to that approved school system in that year; or
(b) if the approved school system was included in the list of approved school systems referred to in section 23 of the States Grants (Schools Assistance) Act 1983 and the amount specified in column 2 of Schedule 8 to that Act opposite to the reference to the level of assistance in column 1 of that Schedule that is the level of assistance specified in that list in relation to that approved school system is a greater amount than the amount referred to in sub-sub-paragraph (a)—that greater amount; and
(ii) the number of students receiving primary education at systemic schools in the approved school system on the schools census date for that year or on such other date as the Minister, in special circumstances, determines for the purposes of this sub-paragraph in relation to the approved school system in respect of that year;
(b) an amount equal to the product of—
(a) the amount specified in the column of Part IV of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part that is the level of assistance specified in the list of approved school systems in relation to that approved school system in that year; or
(b) if the approved school system was included in the list of approved school systems referred to in section 23 of the States Grants (Schools Assistance) Act 1983 and the amount specified in column 3 of Schedule 8 to that Act opposite to the reference to the level of assistance in
column 1 of that Schedule that is the level of assistance specified in that list in relation to that approved school system is a greater amount than the amount referred to in sub-sub-paragraph (a)—that greater amount; and
(ii) the number of students receiving secondary education at systemic schools in the approved school system on the schools census date for that year or on such other date as the Minister determines for the purposes of this sub-paragraph in relation to the approved school system in respect of that year;
(c) if primary education is provided at any systemic school in the approved school system for part-time students as well as 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 approved school system for the purposes of meeting recurrent expenditure, in respect of that year, in connection with those part-time students;
(d) if secondary education is provided at any systemic school in the approved 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 approved school system for the purposes of meeting recurrent expenditure in respect of that year, in connection with those part-time students;
(e) if the amount specified in the column of Part I of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part that is the level of assistance in relation to the approved school system in that year exceeds the amount specified in the column of Part II of Schedule 9 that relates to that year opposite to the reference in column 1 of that second-mentioned Part to that level of assistance—an additional amount equal to the product of the amount (if any) determined by the Minister under sub-section (2), or in a resource agreement entered into under sub-section (3), for the purposes of this paragraph in relation to the approved school system in respect of that year and the number of students receiving primary education at systemic schools in the approved school system on the schools census date for that year or on such other date as the Minister determines for the purposes of sub-paragraph (a) (ii) in relation to the approved school system in respect of that year;
(f) if the amount specified in the column of Part III of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part that is the level of assistance in relation to the approved school system in that year exceeds the amount specified in the column of Part IV of Schedule 9 that relates to that year opposite to the reference in column 1 of that second-mentioned Part to that level of assistance—an additional amount equal to the product of the amount (if any) determined by the Minister under sub-section (2), or in a resource agreement entered into under sub-section (3), for the
purposes of this paragraph in relation to the approved school system in respect of that year and the number of students receiving secondary education at systemic schools in the approved school system on the schools census date for that year or on such other date as the Minister determines for the purposes of sub-paragraph (b) (ii) in relation to the approved school system in respect of that year;
(g) if, in the opinion of the Minister, a systemic school in the approved school system came or comes into existence as a school in a developing area in a year specified in column 1 of Part I of Schedule 10—an amount equal to the product of the amount (if any) specified in the column of that Part that relates to the year first referred to in this sub-section opposite to the reference to the year so specified in column 1 of that Part and the number, if any, of students receiving primary education at the school on the schools census date for the year first referred to in this sub-section or on such other date as the Minister, in special circumstances, determines for the purposes of this paragraph in relation to the school in respect of the year first referred to in this sub-section;
(h) if, in the opinion of the Minister, a systemic school in the approved school system came or comes into existence as a school in a developing area in a year specified in column 1 of Part II of Schedule 10—an amount equal to the product of the amount (if any) specified in the column of that Part that relates to the year first referred to in this sub-section opposite to the reference to the year so specified in column 1 of that Part and the number, if any, of students receiving secondary education at the school on the schools census date for the year first referred to in this sub-section or on such other date as the Minister, in special circumstances, determines for the purposes of this paragraph in relation to the school in respect of the year first referred to in this sub-section.
(2) The Minister may determine an amount under this sub-section in relation to an approved school system in respect of the year 1985 for the purposes of paragraph (1) (e) or (f) if, and only if, before 1 January 1985 or such later date as the Minister determines, the approved authority of the approved school system has provided to the Commonwealth a statement, in a form approved by the Minister, setting out, in respect of that year, the manner in which the approved school system proposes to apply an amount equal to the estimated total of all the amounts of financial assistance that may be provided under this section to the State in which the approved school system is situated in respect of the approved school system in respect of that year.
(3) The Commonwealth and the approved authority of an approved school system may, before 1 January of the year 1986, 1987 or 1988 or such later date as the Minister determines in respect of that year, enter into an agreement, to be called a “resource agreement”, in respect of that year, relating to particular areas of expenditure, or to a particular area of expenditure, of a recurrent nature in relation to the provision of primary education at systemic schools in
the approved school system, the provision of secondary education at systemic schools in the approved school system, or the provision of primary and secondary education at systemic schools in the approved school system, in respect of that year whereby—
(a) an amount is determined for the purposes of paragraph (1) (e) or (f), or amounts are determined for the purposes of both of those paragraphs, in relation to the approved school system in respect of that year; and
(b) the approved authority of the approved school system agrees that it will undertake expenditure at certain levels, or at a certain level, (whether expressed as a per capita rate per student or otherwise) in that year, on each of the particular areas of expenditure, or on the particular area of expenditure, to which the agreement relates.
(4) An amount determined by the Minister under sub-section (2), or in a resource agreement entered into under sub-section (3), for the purposes of paragraph (1) (e) in relation to an approved school system in respect of a year to which this section applies, shall not exceed the least of—
(a) an amount equal to the amount by which the amount specified in the column of Part I of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part that is the level of assistance specified in the list of approved school systems in relation to that approved school system in that year exceeds the amount specified in the column of Part II of that Schedule that relates to that year opposite to the reference in column 1 of that second-mentioned Part to that level of assistance;
(b) if the approved school system is included in the list of approved school systems referred to in section 23 of the States Grants (Schools Assistance) Act 1983 and the amount first referred to in paragraph (a) exceeds the amount (in this sub-section referred to as the “1984 amount”) specified in column 2 of Schedule 8 to that Act opposite to the reference to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list first referred to in this paragraph in relation to that approved school—the amount of that excess; and
(c) if the approved school system is included in the list first referred to in paragraph (b) and the amount first referred to in paragraph (a) is less than, or equal to, the 1984 amount—a nil amount.
(5) An amount determined by the Minister under sub-section (2), or in a resource agreement entered into under sub-section (3), for the purposes of paragraph (1) (f) in relation to an approved school system in respect of a year to which this section applies, shall not exceed the least of—
(a) an amount equal to the amount by which the amount specified in the column of Part III of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part of that Schedule that is the level of assistance specified in the list of approved school systems in relation to that approved school system in that year
exceeds the amount specified in the column of Part IV of that Schedule that relates to the year opposite to the reference in column 1 of that second-mentioned Part to that level of assistance;
(b) if the approved school system is included in the list of approved school systems referred to in section 23 of the States Grants (Schools Assistance) Act 1983 and the amount first referred to in paragraph (a) exceeds the amount (in this sub-section referred to as the “1984 amount”) specified in column 3 of Schedule 8 to that Act opposite to the reference to the level of assistance in column 1 of Schedule 8 to that Act that is the level of assistance specified in the list first referred to in this paragraph in relation to that approved school system—the amount of that excess; and
(c) if the approved school system is included in the list first referred to in paragraph (b) and the amount first referred to in paragraph (a) is less than, or equal to, the 1984 amount—a nil amount.
(6) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved school system in the State in a year to which this section applies on the conditions that—
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the approved school system an amount equal to each amount paid to the State under this section in relation to the approved school system in respect of that year, 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 of the approved school system under this section in respect of that year 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 in respect of that year, or in respect of a number of years including that year, to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section in respect of that year is applied, in such respective proportions as the Commonwealth Education Minister determines, for the purposes of meeting recurrent expenditure in respect of that year of—
(a) each of the systemic schools in the approved school system; and
(b) the approved authority;
(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 in that year 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 students 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 in the year following that year or such later date as the Commonwealth Education Minister approves) a certificate by a person who is a qualified accountant to the effect that the person is satisfied that the condition specified in sub-paragraph (i) has been fulfilled in respect of the amount so granted in that year;
(iv) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June in the year following that year or such later date as the Commonwealth Education Minister approves) a statement in writing, in a form approved by the Minister, that contains particulars of such of the following matters as the Minister specifies:
(a) all forms of income received by the approved authority and the systemic schools in the approved school system in that year;
(b) all expenditure (whether of a recurrent or capital nature) of the approved authority and the systemic schools in the approved school system in that year;
(c) the number of teachers and other persons engaged either in a full-time or a part-time capacity at systemic schools in the school system that provided primary or secondary education in that year;
(d) the number of primary school students and secondary school students, and part-time primary and secondary school students attending systemic schools in the approved school system in that year;
(e) the manner in which the amount applied in pursuance of the condition specified in sub-paragraph (i) has been applied by the approved authority and by systemic schools in the approved school system;
(f) the policy of the approved authority in relation to the enrolment of students in systemic schools in the approved school system;
(g) the ownership of capital assets primarily used by systemic schools in the approved school system;
(h) the fees and other compulsory charges levied by systemic schools in the approved school system;
(j) the system of governance of systemic schools in the approved school system;
(k) the objectives of the approved authority and of systemic schools in the approved school system;
(l) so far as the year 1986, 1987 or 1988 is concerned—the total expenditure of systemic schools in the approved school system in respect of that year in relation to each of the particular areas of expenditure, or to the particular area of expenditure, the subject of a resource agreement entered into by the Commonwealth and the State in respect of that year in relation to the provision of primary and secondary education at systemic schools in the approved school system;
(v) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii), (iii) or (iv), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.
(7) Where, during a year to which this section applies—
(a) a school becomes included in the list of systemic schools that was, before being so included, included on the list of non-systemic schools; and
(b) the level at which financial assistance is payable in respect of the approved school system to which the school belongs exceeds the level at which financial assistance would have been payable in respect of the school if it had remained on the list of non-systemic schools,
the Minister may, unless the approved authority of the approved school system establishes, to the satisfaction of the Minister, that the school has become a part of the approved school system referred to in paragraph (b) for reasons that are primarily directed to improving the quality of the education provided at the school, direct that this section shall have effect for the first-mentioned year and for each succeeding year (if any) to which this section applies as if—
(c) the amount calculated under paragraph (1) (a) in respect of that year were reduced by an amount equal to the difference between the part of that amount so calculated that is referrable to the primary students enrolled at that school in that year, and the amount that would have been calculated under paragraph 29 (1) (a) in respect of that year if the school had remained on the list of non-systemic schools; and
(d) the amount calculated under paragraph (1) (b) in respect of that year were reduced by an amount equal to the difference between the amount so calculated that is referrable to the secondary students enrolled in the school in that year and the amount that would have been calculated under paragraph 29 (1) (b) in respect of that year if the school had remained on the list of non-systemic schools.
(8) This section applies to the years 1985, 1986, 1987 and 1988.
Grants for recurrent expenditure of non-systemic schools
29. (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 situated in the State in respect of a year to which this section applies, 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—
(a) the amount specified in the column of Part II of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part that is the level of assistance specified in the list of non-systemic schools, in relation to that school in that year; or
(b) if the school was included in the list of non-systemic schools referred to in section 24 of the States Grants (Schools Assistance) Act 1983 and the amount specified in column 2 of Schedule 8 to that Act opposite to the reference to the level of assistance in column 1 of that Schedule that is the level of assistance specified in that list in relation to that school is a greater amount than the amount referred to in sub-sub-paragraph (a)—that greater amount; and
(ii) the number of students receiving primary education at the school on the schools census date for that year or on such other date as the Minister, in special circumstances, determines for the purposes of this sub-paragraph in relation to the school in respect of that year;
(b) an amount equal to the product of—
(a) the amount specified in the column of Part IV of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part that is the level of assistance specified in the list of non-systemic schools in relation to that school in that year; or
(b) if the school was included in the list of non-systemic schools referred to in section 24 of the States Grants (Schools Assistance) Act 1983 and the amount specified in column 3 of Schedule 8 to that Act opposite to the reference to the level of assistance in column 1 of that Schedule that is the level of assistance specified in that list in relation to that school is a greater amount than the amount referred to in sub-sub-paragraph (a)—that greater amount; and
(ii) the number of students receiving secondary education at the school on the schools census date for that year or on such other date as the Minister determines for the purposes of this sub-paragraph in respect of that year;
(c) if primary education is provided at the school for part-time students as well as 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 for the purposes of meeting recurrent expenditure, in respect of that year, in connection with those part-time students;
(d) if secondary education is provided at the school for part-time students as well as 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 for the purposes of meeting recurrent expenditure in respect of that year, in connection with those part-time students;
(e) if the amount specified in the column of Part I of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part that is the level of assistance specified in the list of non-systemic schools in relation to that school in that year exceeds the amount specfied in the column of Part II of Schedule 9 that relates to that year opposite to the reference in column 1 of that second-mentioned Part to that level of assistance—an additional amount equal to the product of the amount (if any) determined by the Minister, under sub-section (2), in relation to the school in respect of that year for the purposes of this paragraph and the number of students receiving primary education at the school on the schools census date for that year or on such other date as the Minister determines for the purposes of sub-paragraph (a) (ii) in relation to the school in respect of that year;
(f) if the amount specified in the column of Part III of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part that is the level of assistance specified in the list of non-systemic schools in relation to that school in that year exceeds the amount specified in the column of Part IV of Schedule 9 that relates to that year opposite to the reference in column 1 of that second-mentioned Part to that level of assistance—an additional amount equal to the product of the amount (if any) determined by the Minister, under sub-section (2), in relation to the school in respect of that year for the purposes of this paragraph and the number of students receiving secondary education at the school on the schools census date for that year or on such other date as the Minister determines for the purposes of sub-paragraph (b) (ii) in relation to the school in respect of that year;
(g) if, in the opinion of the Minister, the school came into existence as a school before 1 January 1985, or comes into existence as a school on or after that date and is situated in a developing area, in a year specified in
column 1 of Part I of Schedule 10—an amount equal to the product of the amount (if any) specified in the column of that Part that relates to the year first referred to in this sub-section opposite to the reference to the year so specified in column 1 of that Part and the number, if any, of students receiving primary education at the school on the schools census date for the year first referred to in this sub-section or on such other date as the Minister, in special circumstances, determines for the purposes of this paragraph in relation to the school in respect of the year first referred to in this sub-section;
(h) if, in the opinion of the Minister, the school came into existence as a school before 1 January 1985, or comes into existence as a school on or after that date and is situated in a developing area, in a year specified in column 1 of Part II of Schedule 10—an amount equal to the product of the amount (if any) specified in the column of that Part that relates to the year first referred to in this sub-section opposite to the reference to the year so specified in column 1 of that Part and the number, if any, of students receiving secondary education at the school on the schools census date for the year first referred to in this sub-section or on such other date as the Minister, in special circumstances, determines for the purposes of this paragraph in relation to the school in respect of the year first referred to in this sub-section.
(2) The Minister may determine an amount under this sub-section in relation to a non-systemic school in respect of a year for the purposes of paragraph (1) (e) or (f), and, for the purpose of so doing, the Minister may require the approved authority of the school to furnish to the Commonwealth, by 1 January of that year or such later date as the Minister determines in respect of that year a statement, in a form approved by the Minister, setting out, in respect of that year, the manner in which the school proposes to apply an amount equal to the estimated total of all amounts of financial assistance that may be provided under this section to the State in which the school is situated in respect of the school in respect of that year.
(3) An amount determined by the Minister for the purposes of paragraph (1) (e) under sub-section (2) in relation to a non-systemic school in respect of a year to which this section applies, shall not exceed the least of—
(a) an amount equal to the amount by which the amount specified in the column of Part I of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part that is the level of assistance specified in the list of non-systemic schools in relation to that school in that year exceeds the amount specified in the column of Part II of that Schedule that relates to that year opposite to the reference in column 1 of that second-mentioned Part to that level of assistance;
(b) if the school is included in the list of non-systemic schools referred to in section 24 of the States Grants (Schools Assistance) Act 1983 and the amount first referred to in paragraph (a) exceeds the amount (in this sub-section referred to as the “1984 amount”) specified in column 2 of
Schedule 8 to that Act opposite to the reference to the level of assistance in column 1 of Schedule 8 to that Act that is the level of assistance specified in the list first referred to in this paragraph in relation to the school—the amount of the excess; and
(c) if the school is included in the list first referred to in paragraph (b), and the amount first referred to in paragraph (a) is less than, or equal to, the 1984 amount—a nil amount.
(4) An amount determined by the Minister for the purposes of paragraph (1) (f) under sub-section (2) in relation to a non-systemic school in respect of a year to which this section applies, shall not exceed the least of—
(a) an amount equal to the amount by which the amount specified in the column of Part III of Schedule 9 that relates to that year opposite to the reference to the level of assistance in column 1 of that Part that is the level of assistance specified in the list of non-systemic schools in relation to that school in that year exceeds the amount specified in the column of Part IV of that Schedule that relates to that year opposite to the reference in column 1 of that second-mentioned Part to that level of assistance;
(b) if the school is included in the list of non-systemic schools referred to in section 24 of the States Grants (Schools Assistance) Act 1983 and the amount first referred to in paragraph (a) exceeds the amount (in this sub-section referred to as the “1984 amount”) specified in column 3 of Schedule 8 to that Act opposite to the reference to the level of assistance in column 1 of Schedule 8 to that Act that is the level of assistance specified in the list first referred to in this paragraph in relation to the school—the amount of the excess; and
(c) if the school is included in the list first referred to in paragraph (b) and the amount first referred to in paragraph (a) is less than, or equal to, the 1984 amount—a nil amount.
(5) Financial assistance is granted to a State under this section in respect of recurrent expenditure of a non-systemic school in the State in a year to which this section applies 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 in respect of that year, and, in making the payment, will describe the amount paid to the approved authority as a payment made out of moneys provided to the State by the Commonwealth under this section; and
(b) the State will not make a payment to the approved authority under this section in respect of that year unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the approved authority has agreed with the Commonwealth in respect of that year, or in respect of
a number of years including that year, to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section in respect of that year is applied in that year, in such respective proportions as the Commonwealth Education Minister determines, for the purpose of meeting recurrent expenditure in respect of that year, 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 in that year 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 students 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 in the year following that year or such later date as the Commonwealth Education Minister approves) a certificate by a person who is a qualified accountant to the effect that the person is satisfied that the condition specified in sub-paragraph (i) has been fulfilled in respect of the amount so granted in that year;
(iv) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June in the year following that year or such later date as the Commonwealth Education Minister approves) a statement in writing, in a form approved by the Minister, that contains particulars of such of the following matters as the Minister specifies—
(a) all forms of income received by the school in that year;
(b) all expenditure (whether of a recurrent or capital nature) of the school in that year;
(c) the number of teachers and other persons engaged, either in a full-time or a part-time capacity at the school in that year;
(d) the number of primary school students and secondary school students, and part-time primary and secondary school students attending the school in that year;
(e) the manner in which the amount applied in pursuance of the condition specified in sub-paragraph (i) has been applied by the school;
(f) the policy of the school in relation to the enrolment of students in the school;
(g) the ownership of capital assets primarily used by the school;
(h) the fees and other compulsory charges levied by the school;
(j) the system of governance of the school;
(k) the objectives of the school;
(v) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii), (iii) or (iv), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.
(6) This section applies to the years 1985, 1986, 1987 and 1988.
Minister may, in certain circumstances, authorize grants for purposes of other provisions
30. (1) This section applies in relation to a State in respect of the year 1986, 1987 or 1988—
(a) where, in relation to an approved school system in the State, an amount is determined for the purposes of paragraph 28 (1) (e) in a resource agreement entered into by the Commonwealth and the approved authority of the approved school system in respect of that year that is less than the maximum amount that could have been determined in that agreement for the purposes of that paragraph, where no amount is determined for the purposes of that paragraph in such an agreement in relation to that approved school system in respect of that year or where no such agreement is entered into in relation to that approved school system in respect of that year;
(b) where, in relation to an approved school system in the State, an amount is determined for the purposes of paragraph 28 (1) (f) in a resource agreement entered into by the Commonwealth and the approved authority of the approved school system in respect of that year that is less than the maximum amount that could have been determined in that agreement for the purposes of that paragraph, where no amount is determined for the purposes of that paragraph in such an agreement in relation to that approved school system in respect of that year or where no such agreement is entered into in relation to that approved school system in respect of that year;
(c) where, in relation to a non-systemic school in the State, an amount is determined by the Minister for the purposes of paragraph 29 (1) (e) in relation to that non-systemic school in that State in respect of that year that is less than the maximum amount that could have been determined by the Minister in relation to that school in respect of that year for the purposes of that paragraph or where no such amount is determined in relation to that school in respect of that year; or
(d) where, in relation to a non-systemic school in the State, an amount is determined by the Minister for the purposes of paragraph 29 (1) (f) in relation to that non-systemic school in that State in respect of that year that is less than the maximum amount that could have been determined by the Minister in relation to that school in respect of that year for the purposes of that paragraph or where no such amount is determined in relation to that school in respect of that year.
(2) The Minister may, subject to this section, authorize the payment to a State in respect of the year 1986, 1987 or 1988 of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, the sum of the following amounts:
(a) in so far as this section applies in relation to the State in respect of that year by virtue of paragraph (1) (a)—an amount equal to the difference between the aggregate of the amounts calculated in accordance with paragraph 28 (1) (e) in relation to approved school systems in the State in respect of that year and the amount that would have been the aggregate of those amounts if each of the approved authorities of approved school systems in the State had entered into a resource agreement with the Commonwealth in respect of that year that determined an amount, for the purposes of that last-mentioned paragraph, in relation to the approved school system of which it is the approved authority, in respect of that year, equal to the maximum amount that could have been so determined in such an agreement in relation to the approved school system in respect of that year for the purposes of that last-mentioned paragraph;
(b) in so far as this section applies in relation to the State in respect of that year by virtue of paragraph (1) (b)—an amount equal to the difference between the aggregate of the amounts calculated in accordance with paragraph 28 (1) (f) in relation to approved school systems in the State in respect of that year and the amount that would have been the aggregate of those amounts if each of the approved authorities of the approved school systems in the State had entered into a resource agreement with the Commonwealth in respect of that year that determined an amount, for the purposes of that last-mentioned paragraph, in relation to the approved school system of which it is the approved authority, in respect of that year, equal to the maximum amount that could have been so determined in such an agreement in relation to the school system in respect of that year for the purposes of that last-mentioned paragraph;
(c) in so far as this section applies in relation to the State in respect of that year by virtue of paragraph (1) (c)—an amount equal to the difference between the aggregate of the amounts calculated in accordance with paragraph 29 (1) (e) in relation to non-systemic schools in the State in respect of that year and the amount that would have been the aggregate of those amounts if the Minister had, in relation to each non-systemic school in the State, determined an amount for the purposes of that last-mentioned paragraph in relation
to the school in respect of that year, equal to the maximum amount that could have been so determined in relation to the school in respect of that year for the purposes of that last-mentioned paragraph;
(d) in so far as this section applies in relation to the State in respect of that year by virtue of paragraph (1) (d)—an amount equal to the difference between the aggregate of the amounts calculated in accordance with paragraph 29 (1) (f) in relation to non-systemic schools in the State in respect of that year and the amount that would have been the aggregate of those amounts if the Minister had, in relation to each non-systemic school in the State, determined an amount for the purposes of that last-mentioned paragraph in relation to the school in respect of that year equal to the maximum amount that could have been so determined in relation to the school in respect of that year for the purposes of that last-mentioned paragraph.
(3) Where the Minister, in respect of the year 1986, 1987 or 1988, authorizes a payment to a State under sub-section (2), the Minister shall direct that the payment is authorized for the purposes of—
(a) a particular provision of this Act (other than section 28 or 29), being a provision that provides for the granting of financial assistance to the State in respect of expenditure of a recurrent nature of an approved school system in the State or of a non-systemic school in the State in that year, or in a number of years including that year; or
(b) a provision of the States Grants (Education Assistance—Participation and Equity) Act 1983 that provides for the granting of financial assistance to the State in respect of expenditure of an approved school system in the State or of a non-systemic school in the State, in that year, or in a number of years including that year or a corresponding provision of a later Act making provision for financial assistance in similar, or substantially similar, circumstances.
(4) Where the Minister has authorized a payment to a State under sub-section (2) in respect of the year 1986, 1987 or 1988 and the Minister has, in accordance with sub-section (3), given a direction that the payment is authorized for the purposes of a provision of this Act of a kind referred to in paragraph (3) (a), the payment shall be deemed to have been authorized under that provision in respect of that year and the amount of the payment so authorized to be made shall not be taken into account for the purposes of any provision of this Act that sets a limit on the amount of all or any of the payments that may be authorized for the purposes of that first-mentioned provision.
(5) Where the Minister has authorized a payment to a State under sub-section (2) in respect of the year 1986, 1987 or 1988 and the Minister has, in accordance with sub-section (3), given a direction that the payment is authorized for the purposes of a provision of the States Grants (Education Assistance—Participation and Equity) Act 1983, or a corresponding provision of a later Act making provision for financial assistance in similar, or substantially similar, circumstances, the payment shall be deemed to have been
authorized under that provision in respect of that year and the amount of the payment so authorized to be made shall not be taken into account for the purposes of any provision of that Act that sets a limit on the amount of all or any of the payments that may be authorized for the purposes of that first-mentioned provision.
Additional grants for schools in need of short-term emergency assistance
31. (1) If a systemic school, or a number of systemic schools, in an approved school system in a State, is, or are, in need of short-term emergency assistance, the Minister may authorize the payment to that State, by way of financial assistance to the State in respect of expenditure to provide short-term emergency assistance for that school or those schools, of such amounts as the Minister determines.
(2) If a non-systemic school in a State is in need of short-term emergency assistance, the Minister may authorize the payment to that State, by way of financial assistance to the State in respect of expenditure to provide short-term emergency assistance for that school, of such amounts as the Minister determines.
(3) Financial assistance is granted to a State under sub-section (1) in respect of a systemic school or systemic schools in an approved school system on the conditions that—
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the approved school system an amount equal to each amount paid to the State under that sub-section in respect of that school, or those schools, 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 of the approved school system in accordance with paragraph (a) 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 each amount paid to it under this section in respect of that school or those schools, as the case may be, is applied to that school, or to those schools, in such proportions as the Minister determines, for the purpose of providing short-term emergency assistance to that school or those schools in respect of the year 1985;
(ii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1986 or such later date as the Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied that the condition specified in sub-paragraph (i) has been fullfilled; and
(b) a statement, in writing, that contains such information in respect of short-term emergency expenditure of the school or schools in the approved school system in respect of which a payment has been made under this section, as is required by the Commonwealth Education Minister;
(iii) if the approved authority does not fulfil a condition specified in sub-paragraph (i) or (ii), 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.
(4) Financial assistance is granted to a State under sub-section (2) in respect of a non-systemic 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 that sub-section in respect of 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 of a school in accordance with paragraph (a) 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 each amount paid to it under this section in respect of the school is applied to the school for the purpose of providing short-term emergency assistance to the school in respect of the year 1985;
(ii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1986 or such later date as the Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied that the condition specified in sub-paragraph (i) has been fulfilled; and
(b) a statement, in writing, that contains such information in respect of short-term emergency expenditure of the school, as is required by the Commonwealth Education Minister;
(iii) if the approved authority does not fulfil a condition specified in sub-paragraph (i) or (ii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.
(5) The payments authorized by the Commonwealth Education Minister under sub-sections (1) and (2) shall not exceed, in aggregate, the amount specified in column 1 of Schedule 11.
Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with systemic schools
32. (1) Subject to section 34, 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 approved 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 for the purpose of meeting recurrent expenditure, in respect of the year 1985, of each of those schools or the group comprising all of those schools, and of the approved authority in respect of those schools, in such proportions as the Commonwealth Education 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 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 expenditure of that kind, being expenditure of co-educational schools, and of the approved authority in respect of those schools, are, as far as practicable, equally available to male students and female students at those schools;
(iii) the approved authority will cause to be furnished to the Commonwealh Education Minister (not later than 30 June 1986 or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 Commonwealth Education Minister to be so furnished;
(iv) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii) or (iii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid 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
33. (1) Subject to section 34, 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, or of non-systemic schools included in a group of non-systemic schools in the State, in connection with general education in English as a second language provided at or in connection with the school, or the schools in that group, as the case may be, 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, or of non-systemic schools included in a group of non-systemic schools in the State, in connection with general education in English as a second language provided at or in connection with the school or the schools in that group, as the case may be, on the conditions that—
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school or of the group of schools, as the
case requires, an amount equal to each amount paid to the State under this section in relation to the school or the schools in that group, as the case requires, 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 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 is applied for the purpose of meeting recurrent expenditure, in respect of the year 1985, of the school or the schools in that group, as the case requires, in connection with general education in English as a second language provided at or in connection with the school or the schools in that group, as the case requires;
(ii) in the case of an amount paid under this section to an approved authority of a non-systemic school that is a co-educational school in respect of that expenditure of the 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 students and female students at the school;
(iii) in the case of an amount paid under this section to an approved authority of a group of non-systemic schools in respect of that expenditure of schools included in that group—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 purposes of meeting expenditure of that kind of co-educational schools included in that group are, as far as practicable, equally available to male students and female students at those schools;
(iv) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1986 or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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,
or the schools in that group, as is required by the Commonwealth Education Minister to be so furnished;
(v) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii), (iii) or (iv), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.
(3) A reference in sub-section (2) to an approved authority in relation to a group of non-systemic schools is a reference to a person or body that the Minister declares to be the approved authority of that group of non-systemic schools for the purposes of this section.
Limits on grants under sections 32 and 33
The Minister shall not authorize payments to the States under sections 32 and 33 that exceed in the aggregate, the amount specified in column 2 of Schedule 11.
Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with systemic schools
(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 approved school system on the conditions that—
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the approved school system 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 of an approved school system under this section 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 is applied for the purpose of meeting recurrent expenditure, in respect of courses commencing in 1985, of those schools, and of the approved authority in respect of those schools, in such proportions as the Commonwealth Education 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, commencing in that year, at or in connection with a systemic school in the approved school system—
(a) enrolled in the course before 1 April 1985 or before the date occurring 6 months after the date of his or her 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 or her completion of the course, primary education or secondary education at a government school or non-government school; and
(c) if he or she arrived in Australia before 1 November 1984—did not undertake, or commence to undertake, in Australia, a course (being a course in respect of which financial assistance has been granted under this Act or a previous schools assistance Act) similar to that first-mentioned course before that date;
(iii) 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 expenditure of the kind referred to in sub-paragraph (b) (i), being expenditure of co-educational schools, and of the approved authority in respect of those schools, are, as far as practicable, equally available to male students and female students at those schools;
(iv) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June
1986 or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 Commonwealth Education Minister to be so furnished;
(v) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii), (iii) or (iv), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid 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
36. (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 Commonwealth Education Minister has furnished 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 is applied for the purpose of meeting recurrent expenditure, in respect of courses commencing in 1985, 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, commencing in that year, at or in connection with the school—
(a) enrolled in the course before 1 April 1985 or before the date occurring 6 months after the date of his or her 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 or her completion of the course, primary education or secondary education at a government school or non-government school; and
(c) if he or she arrived in Australia before 1 November 1984—did not undertake, or commence to undertake, in Australia, a course (being a course in respect of which financial assistance has been granted under this Act or a previous schools assistance Act) similar to that first-mentioned course before that date;
(iii) 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 students and female students at the school;
(iv) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1986 or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 Commonwealth Education Minister to be so furnished;
(v) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii), (iii) or (iv), the approved authority
will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.
Grants for expenditure of systemic disadvantaged schools
37. (1) Subject to section 39, 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 approved 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 approved school system on the conditions that—
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the approved school system 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 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—
(a) recurrent expenditure, in respect of the year 1985, 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 1985, in relation to minor building projects, or minor equipment projects, in connection with that systemic disadvantaged school or those systemic disadvantaged schools, being projects the expenditure in relation to which does not exceed, in the aggregate, such amount (if any) as is approved by the Minister in relation to that systemic disadvantaged school or those systemic disadvantaged schools for the purposes of this
sub-sub-paragraph or projects that are approved by the Minister for the purposes of this section;
(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 purposes of expenditure of the kind referred to in sub-sub-paragraph (i) (a) or (b), being expenditure in connection with a co-educational school or co-educational schools, are, as far as practicable, equally available to male students and female students at the school or schools;
(iii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1986 or such later date as the Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 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 approved authority will, if the 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 Minister determines should be paid by the approved authority.
(3) A project shall not be approved under sub-sub-paragraph (2) (b) (i) (b) if the project is in connection with a co-educational school and the Minister is of the opinion that the benefits of, and the opportunities created by the project will not, as far as practicable, be equally available to male students and female students at the school.
Grants for expenditure of non-systemic disadvantaged schools
38. (1) Subject to section 39, 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 Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the approved authority has agreed or agrees 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—
(a) recurrent expenditure, in respect of the year 1985, of the school; or
(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1985, in relation to minor building projects, or minor equipment projects, in connection with the school, being projects that are approved by the Commonwealth Education Minister for the purposes of this section;
(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 expenditure referred to in sub-sub-paragraph (i) (a) of the school, are, as far as practicable, equally available to male students 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 1986 or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 Commonwealth Education Minister to be so furnished;
(iv) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii) or (iii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.
(3) A project shall not be approved under sub-sub-paragraph (2) (b) (i) (b) if the project is in connection with a co-educational school and the Minister is of the opinion that the benefits of, and the opportunities created
by, the project will not, as far as practicable, be equally available to male students and female students at the school.
Limits on grants under sections 37 and 38
The Minister shall not authorize payments to a State under sections 37 and 38 that exceed, in the aggregate, the amount specified in column 3 of Schedule 4 opposite to the name of the State.
Grants for expenditure in connection with special education at non-government schools, &c.
(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 special education provided at or in connection with a non-government school or non-government 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 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 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 1985, 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) if a payment is made in relation to 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 meeting expenditure of that school of the kind referred to in sub-paragraph (i) are, as far as practicable, equally available to male students 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 1986 or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 Commonwealth Education Minister to be so furnished;
(iv) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii) or (iii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.
(3) 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 paragraph (2) (b), in connection with integration activities conducted by the approved authorities of schools in the State is not less than the amount specified in column 5 of Schedule 5 opposite to the name of the State.
(4) For the purposes of sub-section (2), and of any agreement referred to in paragraph (2) (c), between the Commonwealth and the approved authority of a school in a State, an amount applied by way of expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1985, 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.
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 5 opposite to the name of the State.
Approval of programs of computer education in connection with non-government schools
(1) An approved authority in relation to an approved school system or to a non-systemic school may, from time to time, submit for the approval of the Minister a program of computer education that is being, or is to be, provided at or in connection with systemic schools in that approved school system, or at or in connection with that non-systemic school.
(2) The Minister may approve a program submitted under sub-section (1) as an approved program of computer education in respect of one or more of the years to which this section applies.
(3) This section applies to the years 1985 and 1986.
Grants for programs of computer education in connection with systemic schools
(1) Subject to section 45, where the Minister approves, under section 42, a program submitted by an approved authority in relation to an approved school system in a State as an approved program of computer education in respect of a year, the Minister may authorize the payment to the State, by way of financial assistance, in respect of recurrent expenditure in respect of that year of an approved school system in the State in connection with the provision of that program at or in connection with systemic schools in that approved 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 in respect of a year of an approved school system in connection with the provision of a program of computer education approved in respect of that year at or in connection with systemic schools in the approved school system on the conditions that—
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the approved school system an amount equal to the 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 is applied for the purpose of meeting recurrent expenditure, in respect of that year, of those schools, and of the approved authority in respect of those schools, in connection with the provision of the program at or in connection with those schools;
(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, in respect of that year, in connection with the provision of the program at or in connection with co-educational schools in the school system are, as far as practicable, equally available to male students 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 next following the expiration of that year or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 operation of the program at or in connection with schools in the school system as is required by the Commonwealth Education Minister to be so furnished; and
(iv) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii) or (iii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in respect of that program and of that year) as the Commonwealth Education Minister determines should be paid by the approved authority.
Grants for programs of computer education in connection with non-systemic schools
44. (1) Subject to section 45, where the Minister approves, under section 42, a program submitted by an approved authority in relation to a non-systemic school in a State as an approved program of computer education in respect of a year the Minister may authorize the payment to the State, by way of financial assistance, in respect of recurrent expenditure in respect of that year of that school in connection with the provision of that program at or in connection with that school, of such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure in respect of a year of a non-systemic school in connection with the provision of an approved program of computer education approved in respect of that year 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 the amount paid to the State under this section in relation to the school, and, in
making the payments 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 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 is applied for the purpose of meeting recurrent expenditure, in respect of that year, of the school in connection with the provision of the program at or in connection with 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 meeting recurrent expenditure, in respect of that year, in connection with the provision of the program at or in connection with the school are, as far as practicable, equally available to male students 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 next following the expiration of that year or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 operation of the program at or in connection with the school as is required by the Commonwealth Education Minister to be so furnished; and
(iv) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii) or (iii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in respect of that program and of that year) as the Commonwealth Education Minister determines should be paid by the approved authority.
Limits on grants under sections 43 and 44
45. The Minister shall not authorize payments to a State under sections 43 and 44 in respect of a year that exceed, in the aggregate, the amount specified opposite to the name of that State in the column of Schedule 12 that relates to that year.
Approval of programs of basic learning in connection with non-government schools
(1) An approved authority in relation to an approved school system or to a non-systemic school may, from time to time, submit for the approval of the Minister a program of basic learning that is being, or is to be, provided at or in connection with systemic schools in that approved school system, or at or in connection with that non-systemic school.
(2) The Minister may approve a program submitted under sub-section (1) as an approved program of basic learning in respect of one or more of the years to which this section applies.
(3) This section applies to the years 1985, 1986 and 1987.
Grants for programs of basic learning in connection with systemic schools
(1) Subject to section 49, where the Minister approves, under section 46, a program submitted by an approved authority in relation to an approved school system in a State as an approved program of basic learning in respect of a year, the Minister may authorize the payment to the State, by way of financial assistance, in respect of recurrent expenditure in respect of that year of an approved school system in the State in connection with the provision of that program at or in connection with systemic schools in that approved 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 in respect of a year of an approved school system in connection with the provision of a program of basic learning approved in respect of that year at or in connection with systemic schools in the approved school system on the conditions that—
(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the approved school system an amount equal to the 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 is applied for the purpose of meeting recurrent expenditure, in respect of that year, of those schools, and of the approved authority in respect of those schools, in connection with the provision of the program at or in connection with those schools;
(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, in respect of that year, in connection with the provision of the program at or in connection with co-educational schools in the school system are, as far as practicable, equally available to male students 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 next following the expiration of that year or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 operation of the program at or in connection with schools in the school system as is required by the Commonwealth Education Minister to be so furnished;
(iv) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii) or (iii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in respect of that program and of that year) as the Commonwealth Education Minister determines should be paid by the approved authority.
Grants for programs of basic learning in connection with non-systemic schools
48. (1) Subject to section 49, where the Minister approves, under section 46, a program submitted by an approved authority in relation to a non-systemic school in a State as an approved program of basic learning in respect of a year, the Minister may authorize the payment to the State, by way of financial assistance, in respect of recurrent expenditure in respect of that year of that non-systemic school in connection with the provision of that program at or in connection with that school, of such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure in respect of a year of a non-systemic school in connection with the provision of an approved program of basic learning approved in respect of that year 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 the amount paid to the State under this section in relation to the school, and, in
making the payments 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 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 is applied for the purpose of meeting recurrent expenditure, in respect of that year, of the school in connection with the provision of the program at or in connection with 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 meeting recurrent expenditure, in respect of that year, in connection with the provision of the program at or in connection with the school are, as far as practicable, equally available to male students 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 next following the expiration of that year or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 operation of the program at or in connection with 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 sub-paragraph (i), (ii) or (iii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in respect of that program and of that year) as the Commonwealth Education Minister determines should be paid by the approved authority.
Limits on grants under sections 47 and 48
49. (1) The Minister shall not authorize payments to a State under sections 47 and 48 in respect of the year 1985 that exceed, in the aggregate, the amount specified opposite to the name of that State in column 3 of Schedule 7.
(2) The Minister shall not authorize payments to the States under sections 47 and 48—
(a) in respect of the year 1986—that exceed, in the aggregate, $1,376,000; and
(b) in respect of the year 1987—that exceed, in the aggregate, $1,376,000.
Additional condition to which grants of financial assistance under Part subject, &c.
50. (1) Financial assistance granted to a State under a section contained in this Part is granted on the additional condition that 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 or non-government centre) as the Minister specifies in the determination as the amount that should be repaid by the State.
(2) Nothing in this Act shall be taken to authorize the recovery by the Commonwealth, in respect of financial assistance granted to a State under a section contained in this Part, of any amount from that State or of any amount under an agreement entered into for the purpose of a condition specified in that section in respect of that financial assistance, if the aggregate of that amount and any amount previously recovered from that State in respect of that financial assistance, or previously recovered under such an agreement entered into in relation to that financial assistance would exceed, in the aggregate, the amount of that financial assistance.
PART IV—SUPPLEMENTARY GRANTS FOR BUILDING AND EQUIPMENT PROJECTS AT SCHOOLS SERVING PREDOMINANTLY ABORIGINAL COMMUNITIES
Approval of building projects and equipment projects in connection with schools serving predominantly Aboriginal communities
51. (1) For the purposes of section 52, the Minister may, subject to sub-section (3) of this section, approve building projects and equipment projects in connection with schools serving predominantly Aboriginal communities in a State.
(2) Where the Minister approves a building project, or an equipment project, under sub-section (1), being a project in connection with a non-government school or in connection with a government school but administered by a non-government body, the Minister may, in the instrument of approval, specify conditions, other than conditions referred to in sub-paragraphs 52 (3) (b) (i), (ii) and (iv), in relation to which the approved authority for the school or the non-government body concerned will be required to enter into an agreement with the Commonwealth before the State
makes a grant to the approved authority under section 52 in relation to the project.
(3) A project shall not be approved under sub-section (1) if—
(a) the project is in connection with a co-educational school and the Minister is of the opinion that the benefits of, and the opportunities created by, the project will not, as far as practicable, be equally available to male students and female students at the school; or
(b) the sole or principal object, or one of the principal objects, of the project is to provide facilities for use, wholly or principally, for or in relation to religious worship.
(4) Without limiting the generality of the expression “building projects and equipment projects in connection with schools serving predominantly Aboriginal communities in a State” in this section, that expression includes a project the sole or principal object of which is to provide hostel accommodation for students at those schools.
Grants for building projects and equipment projects in connection with schools serving predominantly Aboriginal communities
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 approved under section 51, of such amounts as the Minister determines.
(2) Where a project approved under section 51 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 sub-section (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 1985, in relation to that project; and
(b) the State will cause to be furnished to the Minister (not later than 30 June 1986 or such later date as the Minister approves) a certificate by an authorized person to the effect that the person is satisfied that the condition specified in paragraph (a) has been fulfilled.
(3) Where a project approved under section 51 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 sub-section (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 project 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 1985, 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 person who is a qualified accountant to the effect that the person is satisfied 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 51;
(iv) if the approved authority does not fulfil a condition specified in sub-paragraph (i) or (ii) or in accordance with sub-paragraph (iii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in 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 51 is granted on the additional condition that if the State does not fulfil a condition specified in whichever of sub-section (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 51, 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 sub-section (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 sub-section 3 (12), 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 51, as having been so applied after that day.
(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 51, 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 51, 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, the Minister 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.
Limits on grants under section 52
The Minister shall not authorize payments to the States under section 52 that exceed, in the aggregate—
(a) in relation to projects approved in connection with government schools other than projects administered by non-government bodies in connection with such schools—$5,384,000; and
(b) in relation to projects approved in connection with non-government schools and to projects, approved in connection with government schools, being projects administered by non-government bodies—$2,154,000.
PART V—JOINT GOVERNMENT AND NON-GOVERNMENT SCHOOLS PROGRAMS
Grants for recurrent expenditure in connection with multicultural education
(1) Subject to section 55, 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 1984, in connection with multicultural education provided in the State.
(3) Financial assistance is granted to a State under this section on condition that the State will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of that financial assistance as is applied for the purpose of meeting expenditure of the kind referred to in sub-section (1) being expenditure in connection with co-educational schools in the State, are, as far as practicable, equally available to male students and female students at those schools.
Limits on grants under section 54
The Minister shall not authorize payments to a State under section 54 that exceed, in the aggregate, the amount specified in column 2 of Part I of Schedule 13 opposite to the name of the State.
Approval of multicultural education projects of national significance
(1) 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 of the opinion that the project is of national significance and that it is desirable that assistance in connection with the project be provided under section 57,
the Minister may approve the project for the purposes of that section.
(2) A reference in this section to multicultural education shall be read as including a reference to education in English as a second language.
Grants for expenditure in relation to approved multicultural education projects of national significance
(1) Subject to section 58, 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 that is being, or is to be, carried out by or in the State and has been approved under section 56 (including a project that is being, or is to be, carried out together with, or as part of, a project 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 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 1985, for the purpose of meeting expenditure in relation to the project; and
(b) the State will cause to be furnished to the Minister (not later than 30 June 1986 or such later date as the Minister approves) a certificate by an authorized person to the effect that the person is satisfied that the condition specified in paragraph (a) has been fulfilled.
Limit on grants under section 57
The Minister shall not authorize payments to the States under section 57 that exceed, in the aggregate, the amount specified in Part II of Schedule 13.
Approved ethnic schools authorities
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
(1) Where an approved ethnic schools authority is providing or proposes to provide, during the year 1985, 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 61.
(2) Where the Minister approves a program of ethnic education of an approved ethnic schools authority for the purposes of section 61, the Minister—
(a) shall determine an amount (not exceeding $33) to be the level at which financial assistance is to be provided under section 61 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 1985; and
(b) shall specify the conditions, other than conditions referred to in sub-paragraphs 61 (2) (b) (i), (ii) and (iv), in relation to which the approved ethnic schools authority concerned with the program will be required to enter into an agreement with the Commonwealth before the State makes a grant to that authority under section 61 in relation to the program.
(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), the Minister 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 the Minister is satisfied that—
(a) that program is open to persons irrespective of their ethnic origin;
(b) except in so far as the program is being, or is to be, provided in a school that is not a co-educational school—the program is open to persons irrespective of their sex;
(c) no other financial asistance has been or will be provided by the Commonwealth towards the recurrent expenditure of the authority on the program; and
(d) the approved ethnic schools authority has complied with any conditions that were binding on the authority under an agreement of the kind referred to in paragraph 51 (2) (b) of the States Grants (Schools Assistance) Act 1983.
Grants for approved programs of ethnic education
61. (1) The Minister may before 1 April 1986 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 1985, 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 60 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 signed by the Minister, 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 1985, 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; and
(b) the State will not make a payment to an approved ethnic schools 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 ethnic schools authority has agreed with the Commonwealth 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 1985;
(ii) the approved ethnic schools authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 April 1986 or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 Commonwealth Education 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 60;
(iv) if the approved ethnic schools authority does not fulfil a condition specified in sub-paragraph (i) or (ii) or in accordance with sub-paragraph (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 authority under this section) as the Commonwealth Education Minister determines should be paid by the authority.
(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 1985 that the Minister determines, by writing signed by the Minister, 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
62. (1) Subject to section 63, 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 1985, 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 1985, 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.
(3) Financial assistance to a State in respect of expenditure in connection with the education of students receiving primary education or secondary education in prescribed country areas of the State is granted to the State under this section on the condition that the State will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of the amount of that financial assistance as is applied for the purpose of meeting expenditure in connection with that education in co-educational schools, are, as far as practicable, equally available to male students and female students at these schools.
Limits on grants under section 62
The Minister shall not authorize payments to a State under section 62 that exceed, in the aggregate, the amount specified in column 4 of Schedule 4 opposite to the name of the State.
Grants for recurrent expenditure in connection with the education of children residing in residential institutions
(1) Subject to section 65, 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 1985, in connection with the education of children residing in residential institutions in the State.
(3) Financial assistance is granted to a State under this section on the condition that the State will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of the amount of that financial assistance as is applied for the purpose of meeting expenditure in
connection with the education of children residing in residential institutions catering for both male children and female children, are, as far as practicable, equally available to male children and female children residing in those institutions.
Limits on grants under section 64
The Minister shall not authorize payments to a State under section 64 that exceed, in the aggregate, the amount specified in column 2 of Schedule 14 opposite to the name of the State.
Grants for expenditure in relation to approved programs for education of severely handicapped children
(1) Subject to section 67, 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 programs for, or in connection with, the education of severely handicapped children that are being, or are to be, carried out by or 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 the year 1985 in relation to programs for, or in connection with, the education of severely handicapped children that are being, or are to be, carried out in the State.
(3) Financial assistance is granted to a State under this section on the condition that the State will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of the amount of that financial assistance as has applied for the purpose of meeting expenditure in connection with programs for, or in connection with, the education of severely handicapped children catering for both male children and female children are, as far as practicable, equally available to male children and female children.
Limits on grants under section 66
The Minister shall not authorize payments to a State under section 66 that exceed, in the aggregate, the amount specified in column 3 of Schedule 14 opposite to the name of the State.
Approvals of programs of early special education
Where an approved authority of a non-government school or a non-government centre is providing, or proposes to provide, in a State, a program of early special education for handicapped children, the Minister may approve the program as an approved program of early special education in relation to that State for the purposes of this Act.
Grants for expenditure in relation to early special education programs for handicapped children
(1) Subject to sub-section 70 (1), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of expenditure in relation to early special education programs for handicapped children in relation to the State, being approved programs of early special education in relation to that State or programs that are, or are proposed to be, provided by the State or an instrumentality of the State, of such amounts as the Minister determines.
(2) Subject to sub-section 70 (2), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of expenditure in relation to early special education programs for handicapped children in relation to the State, being approved programs of early special education in relation to that State or programs that are, or are proposed to, be provided by the State or an instrumentality of the State, of such amounts as the Minister determines.
(3) Financial assistance is granted to a State under sub-section (1) or (2) 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 the sub-section is applied by the State, in respect of commitments already undertaken or to be undertaken not later than 31 December 1985, for the purpose of meeting expenditure in relation to early special education programs for handicapped children in relation to the State;
(b) the State will cause to be furnished to the Minister, not later than 30 June 1986 or such later date as the Minister approves, a certificate by an authorized person to the effect that the person is satisfied that the condition specified in paragraph (a) has been fulfilled; and
(c) 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 specified in paragraph (a) has been so applied.
Limits on grants under sub-sections 69 (1) and (2)
(1) The Minister shall not authorize payments to a State under sub-section 69 (1)—
(a) for programs that are, or are proposed to be, provided by the State or an instrumentality of the State that exceed, in the aggregate, the amount specified opposite to the name of the State in Column 2 of Schedule 15; and
(b) for approved programs of early special education in relation to the State that exceed, in the aggregate, the amount specified opposite to the name of the State in column 3 of Schedule 15.
(2) The Minister shall not authorize payments to the States under sub-section 69 (2) that exceed, in the aggregate, the amount specified in Part II of Schedule 15.
Grants for recurrent expenditure in connection with approved professional development activities
71. (1) Subject to section 72, 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 1985, in connection with approved professional development activities, being activities which are conducted (in whole or in part) during the year 1985.
(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 the remuneration of teachers 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 expenditure in connection with approved professional development activities shall be read as not including a reference to expenditure in connection with the replacement of teachers during a period when they are attending approved professional development activities unless the approved professional development activities—
(i) are activities in which teachers at government schools and teachers at non-government schools are eligible to participate; and
(ii) relate to—
(a) education of the kind referred to in sub-section 13 (1), 15 (1), 18 (1), 32 (1), 33 (1), 35 (1), 36 (1), 40 (1), 54 (1), 62 (1), 64 (1) or 66 (1) of this Act;
(b) projects or programs approved under section 20 or 42 of this Act or under the States Grants (Education Assistance—Participation and Equity) Act 1983;
(c) projects or programs related to the education of peoples of the aboriginal race of Australia or to the education of female children;
(d) projects or programs related to the provision of education at disadvantaged schools;
(e) programs of basic learning referred to in sub-section 22 (1), 47 (1) or 48 (1), programs of early special education referred to in sub-section 69 (1) or (2) and projects or programs of national significance referred to in sub-section 76 (1); or
(f) such other matters as the Minister from time to time approves; and
(c) 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 59 (3) of the States Grants (Schools Assistance) Act 1983, 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 71
72. (1) The Minister shall not authorize payments to a State under section 71, by way of financial assistance to the State in respect of recurrent expenditure in connection with approved professional development activities, other than approved professional development activities of the kind referred to in sub-section (2), that exceed, in the aggregate, the amount specified in column 2 of Part I of Schedule 16 opposite to the name of the State.
(2) The Minister shall not authorize payments to the States under section 71 by way of financial assistance to the States in respect of recurrent expenditure in connection with approved professional development activities involving—
(a) the temporary transfer of teachers at government schools or non-government schools in Australia to different schools in Australia or New Zealand or otherwise than to such schools for the purpose of improving the experience, knowledge or skills, in relation to primary education or secondary education, of those teachers and of persons with whom they come into contact during temporary transfer; or
(b) the provision of assistance to parents of students at government schools or non-government schools, and other members of the community interested in education at those schools, to improve their experience, knowledge or skills in relation to primary education or secondary education,
that exceed, in the aggregate, the amount specified in Part II of Schedule 16.
Grants for expenditure of approved education centres
73. (1) Subject to section 74, 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; and
(b) the State will not make a payment to the governing body under this section unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the governing body has agreed with the Commonwealth 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 1985, of the approved education centre; or
(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1985, in relation to building projects, or 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 Commonwealth Education Minister (not later than 30 June 1986 or such later date as the Commonwealth Education Minister approves)—
(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied 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 Commonwealth Education 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 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 governing body under this section) as the Commonwealth Education Minister determines should be paid by the governing body.
Limit on grants under section 73
The Minister shall not authorize payments to the States under section 73 that exceed, in the aggregate, the amount specified in column 3 of Schedule 11.
Approval of projects or programs of national significance
(1) Subject to sub-section (2), 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 76,
the Minister may approve the project or program for the purposes of that section.
(2) The Minister shall not approve a project or program under sub-section (1) unless the Minister is satisfied that in so far as the project or program is being, or is to be, carried on in a co-educational school, the benefits of, and the opportunities created by, the project or program are, or will be, as far as practicable, equally available to male students and female students at the school.
Grants for expenditure in relation to projects or programs of national significance
(1) Subject to section 77, 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, of is to be, carried out by or in the State and has been approved by the Minister under section 75 (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 1985, 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 1986 or such later date as the Minister approves) a certificate by an authorized person to the effect that the person is satisfied that the condition specified in paragraph (a) has been fulfilled.
Limit on grants under section 76
The Minister shall not authorize payments to the States under section 76 that exceed, in the aggregate, the amount specified in column 4 of Schedule 11.
Additional conditions to which grants of financial assistance under Part subject
(1) Financial assistance is granted to a State under section 54, 62, 64, 66 or 71 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1986 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 is satisfied that the condition specified in sub-section 54 (2), 62 (2), 64 (2), 66 (2) or 71 (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, 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.
(3) Financial assistance is granted to a State under section 54, 62, 64, 66, 69 or 71 on the additional condition that, if the State establishes, or proposes to establish, a committee of persons (by whatever name described) for the sole or principal purpose of providing advice in respect of the distribution of financial assistance granted under one or more of those sections, the State Education Minister will, before making any appointment or further appointment to that committee, consult the Commonwealth Education Minister with respect to the criteria for making appointments to that committee.
(4) Nothing in this Act shall be taken to authorize the recovery by the Commonwealth in respect of financial assistance granted to a State under a section contained in this Part of any amount from that State or of any amount under an agreement entered into for the purposes of a condition specified in that section in respect of that financial assistance if the aggregate of that amount and any amount previously recovered from that State in respect of that financial assistance, or previously recovered under such an agreement entered
into in relation to that financial assistance would exceed, in the aggregate the amount of that financial assistance.
PART VI—MISCELLANEOUS
Minister may fix amounts, and times of payments, of financial assistance
Financial assistance payable to a State under this Act shall be paid in such amounts, and at such times, as the Minister for Finance determines.
Amounts payable by the States to the Commonwealth
An amount payable 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.
Amounts of payments authorized may be reduced
(1) If—
(a) a statement required to be furnished to the Minister in accordance with a condition specified in this Act or in a previous schools assistance Act, by the approved authority of a non-government school, or of an approved school system, contains information of a financial, statistical or other nature that is false or misleading; and
(b) in reliance on the information contained in the statement, the Minister has authorized a payment to a State under a provision of this Act in respect of the school, or of the approved school system, as the case may be, to which the statement relates, of an amount that, in the opinion of the Minister, exceeds the amount that would have been authorized to be paid if the information in the statement had not been false or misleading,
the Minister may declare that there has been an excess authorization of an amount equal to the excess referred to in paragraph (b) in respect of the school or the approved school system, as the case may be.
(2) Where the Minister has, under sub-section (1), declared that there has been an excess authorization in respect of a particular school or approved school system in a State, the Minister may determine, subject to sub-sections (3) and (4), that an amount authorized to be paid in accordance with a provision of this Act, in respect of that school or approved school system, shall be reduced by an amount specified in the determination, and on the making of such a determination the amount so authorized to be paid shall be deemed to be reduced by an amount equal to the amount so specified.
(3) The amount specified in a determination made by the Minister in accordance with sub-section (2) in respect of a declaration made by the Minister under sub-section (1) that there has been an excess authorization, or where the Minister makes more than one such determination in respect of such a declaration, the aggregate of the amounts specified in those determinations, shall not exceed the amount of the excess authorization the subject of the declaration.
(4) The Minister shall not make a determination under sub-section (2) in respect of any particular amount authorized to be paid to a State in respect of a particular school or approved school system at a time after the amount so authorized has been paid to the State.
(5) Where, had the information of the kind referred to in sub-section (1) contained in a statement that is furnished in respect of a non-government school (being a non-systemic school) or an approved school system not been false or misleading, the Minister is satisfied that he or she would have altered, or desisted from altering, the level of assistance that is specified in the list of non-systemic schools or in the list of approved school systems in respect of that non-government school or that approved school system, then—
(a) any amount of financial assistance for general recurrent purposes authorized by the Minister to be paid in the year immediately following the furnishing of the statement in respect of that non-government school or that approved school system may be taken by the Minister to have been so authorized to be paid in reliance on the information contained in the statement; and
(b) the amount of financial assistance for general recurrent purposes so authorized to be paid may be taken by the Minister to exceed the amount of that financial assistance that would have been authorized to be paid if the information in the statement had not been false or misleading by the amount by which the amount of such financial assistance so authorized exceeds the amount of that financial assistance that, in the opinion of the Minister, would have been authorized if the Minister had altered, or desisted from altering, the level of assistance so specified.
Advances
The Minister may 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.
Variation of Schedules 6 and 12
(1) Subject to this section, the Minister may, from time to time, after receiving advice from the Commonwealth Schools Commission, direct that this Act shall have effect as if all or any of the amounts specified in column 3 of Schedule 6 or in column 3 of Schedule 12 were varied in accordance with that 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, those amounts as so varied.
(2) The Minister shall not give a direction under sub-section (1) that would have the effect of increasing or decreasing the aggregate of the amount that may
be paid to the States under section 20, or under sections 43 and 44, in respect of the year 1986.
Payments to be made out of Consolidated Revenue Fund or Loan Fund
Payments to a State under this Act may be made out of—
(a) in the case of payments under section 9, 26 or 52 and advances under section 82 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
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 9, 26 and 52 of this Act.
Application of moneys borrowed
Moneys borrowed under section 85 shall be issued and applied only for the expenses of borrowing and—
(a) for the purpose of making payments to the States under section 9, 26 or 52;
(b) for the purpose of making advances under section 82 on account of payments of that kind; and
(c) for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 87.
Reimbursement of Consolidated Revenue Fund from Loan Fund
(1) Where a payment under section 9, 26 or 52, or an advance under section 82 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
The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.
Delegation by Minister
(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to the
Commonwealth Schools Commission, to a full-time member of the Commission or to an officer of the Australian Public Service all or any of the Minister’s powers under this Act, other than this power of delegation.
(2) A power so delegated, when exercised by the delegate 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.
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
The Minister shall, as soon as practicable after 30 June next following each year in respect of which this Act provides for the granting of financial assistance, cause a report with respect to the financial assistance granted, and other payments authorized, by the Minister under this Act in that year, and with respect to the application of that financial assistance and those payments in that year, to be laid before each House of the Parliament.
Regulations
(1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters—
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Regulations made under sub-section (1) for the purposes of sub-paragraph 6 (8) (b) (iv), paragraph 6 (13) (d), sub-paragraph 1 (8) (b) (iv) or paragraph 7 (15) (d) may be expressed to have come into operation with effect from the commencing day or such later day as is specified in the regulations.
PART VII—AMENDMENTS OF THE STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1983
Principal Act
93. The States Grants (Schools Assistance) Act 19831 is in this Part referred to as the Principal Act.
Determination of levels of funding for eligible new arrivals
Section 5 of the Principal Act is amended by omitting “$867” and substituting “$894”.
Grants for expenditure in connection with programs of computer education at government schools, &c.
Section 17 of the Principal Act is amended—
(a) by omitting from sub-section (2) “one or more years to which this section applies” and substituting “the year 1984”;
(b) by omitting from sub-section (4) “a year to which this section applies” and substituting “the year 1984”;
(c) by omitting from sub-section (5) “a year” and substituting “the year 1984”; and
(d) by omitting sub-section (6).
Limits on grants under section 17
Section 18 of the Principal Act is amended by omitting all the words after “programs” and substituting “that exceed, in the aggregate, the amount specified in Schedule 6 opposite to the name of the State”.
Approval of programs of computer education in connection with non-government schools
Section 36 of the Principal Act is amended—
(a) by omitting from sub-section (2) “one or more of the years to which this section applies” and substituting “the year 1984”; and
(b) by omitting sub-section (3).
Grants for programs of computer education in connection with systemic schools
Section 37 of the Principal Act is amended by omitting “a year” (wherever occurring) and substituting “the year 1984”.
Grants for programs of computer education in connection with non-systemic schools
Section 38 of the Principal Act is amended by omitting “a year” (wherever occurring) and substituting “the year 1984”.
Limits on grants under sections 37 and 38
Section 39 of the Principal Act is amended by omitting all the words after “under” and substituting “sections 37 and 38 that exceed, in the aggregate, the amount specified in Schedule 11 opposite to the name of the State”.
Grants for building projects and equipment projects in connection with schools serving predominantly Aboriginal communities
Section 42 of the Principal Act is amended by inserting after sub-section (6) the following sub-section:
“(6a) Where the Minister declares that this sub-section 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.”.
Approval of programs of ethnic education and determination of levels of funding
Section 50 of the Principal Act is amended by omitting from sub-section (2) “$31” and substituting “$32”.
Repeal of section 70
Section 70 of the Principal Act is repealed.
Substitution of Schedules
The Principal Act is further amended by omitting the Schedules to that Act and substituting the Schedules set out in Schedule 17 to this Act.
Payments made before Royal Assent
Payments (including advances) by way of financial assistance made to a State or to the Northern Territory under the Principal Act shall be deemed to have been made for the purposes of the Principal Act as amended by this Act.