20Approval of capital projects for non‑government schools etc.

20 Approval of capital projects for non‑government schools etc.

(1) Subject to this section, the Minister may, for the purposes of section 21, approve by instrument in writing a capital project in respect of a program year in connection with a non‑government school a non‑government centre or a rural non‑government student hostel in a State. (2) If the Minister approves a capital project for a program year:

(a) in connection with a non‑BGA school, a non‑government centre or a non‑BGA rural student hostel; or

(b) in connection with children with disabilities or students with disabilities, being children or students attending a BGA school;

the Minister may specify in the instrument of approval the amount to be paid under section 21 in respect of that project for the year. (3) The Minister may, from time to time, by determination in writing, vary an amount specified under subsection (2). (4) The Minister may, by determination in writing, fix the maximum amount to be paid to each block grant authority in respect of a program year in respect of projects approved under subsection (1). (5) If the Minister approves a capital project for a BGA school or a BGA rural student hostel in respect of a program year or 2 or more program years, the Minister may specify in the instrument of approval the amount to be paid under section 21 in respect of the project for the year, or for each year, as the case requires. (6) Subject to subsection (7), the relevant block grant authority may, from time to time, by notice in writing given to the Minister, vary an amount specified under subsection (5). (7) A block grant authority shall not vary an amount in respect of a project in respect of a year under subsection (6) if to do so would have the effect of:

(a) varying the total amount originally specified under subsection (5) or, if the original amount has been varied under subsection (8), the amount as varied, by more than 10%; or

(b) requiring a payment to a block grant authority in respect of that year that exceeds the amount determined in relation to the block grant authority under subsection (4) in respect of that year.

(8) The Minister may, by determination in writing, vary an amount specified under subsection (5) but not so as to require a payment to the block grant authority for a program year that exceeds the amount determined in relation to the authority under subsection (4) for the year.