22 Grants for general recurrent expenditure of non‑government schools
(1) The Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure of an approved school system, or of a non‑systemic school, in the State in respect of a program year of an amount not exceeding the sum of:
(a) the product of the amount set out in the column of part 1 of Schedule 7 that relates to that year opposite to the funding level of the school system or the school, as the case may be, and the number of students (including the full‑time equivalent of part‑time students) receiving primary education at systemic schools in that system or at that school, as the case may be, on the schools census day for the State for that year or on such other day as the Minister, in special circumstances, determines in writing; and
(b) the product of the amount set out in the column of part 2 of Schedule 7 that relates to that year opposite to the funding level of the school system or the school, as the case may be, and the number of students (including the full‑time equivalent of part‑time students) receiving secondary education at systemic schools in that system or at that school, as the case may be, on the schools census day for the State for that year or on such other day as the Minister, in special circumstances, determines in writing.
(2) Where an amount was payable to the approved authority of an approved school system, or of a non‑systemic school, in a State under paragraph 28(1)(g) or (h) or 29(1)(g) or (h) of the former Act in respect of the year commencing on 1 January 1986 or a later year (in this subsection called the establishment year) in respect of a school, the Minister may, by determination in writing, authorise the payment to the State under this section, by way of financial assistance to the State for recurrent expenditure of the school in respect of a program year (not being a year commencing more than 3 years after the commencement of the establishment year) of an amount not exceeding the sum of:
(a) the product of the amount set out in the column of part 1 of Schedule 8 that relates to that year and the number of students (including the full‑time equivalent of part‑time students) receiving primary education at the school on the schools census day for the State for that year or on such other day as the Minister, in special circumstances, determines in writing; and
(b) the product of the amount set out in the column of part 2 of Schedule 8 that relates to that year and the number of students (including the full‑time equivalent of part‑time students) receiving secondary education at the school on the schools census day for the State for that year or on such other day as the Minister, in special circumstances, determines in writing.
(3) Where a school has been provisionally approved to commence in the year beginning January 1, 1989, the Minister may, by determination in writing, authorise the payment to the State under this section by way of financial assistance to the State for recurrent expenditure of the school in respect of a program year (not being a year commencing more than three years after the commencement of the establishment year) of an amount not exceeding the sum of:
(a) the product of the amount set out in the column of part 1 of Schedule 8 that relates to that year and the number of students (including the full‑time equivalent of part‑time students) receiving primary education at the school on the schools census day for the State for that year or on such other day as the Minister, in special circumstances, determines in writing; and
(b) the product of the amount set out in the column of part 2 of Schedule 8 that relates to that year and the number of students (including the full‑time equivalent of part‑time students) receiving secondary education at the school on the census day for the State for that year or on such other day as the Minister, in special circumstances, determines in writing.
(4) Where:
(a) an 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
(b) the amount specified in column 2 or 3 of Schedule 8 to that Act opposite to the level of assistance in column 1 of that Schedule that was the level of assistance specified in that list for the system is greater than the amount applicable to the system in a program year under paragraph (1)(a) or (b), as the case may be, of this section;
the first‑mentioned amount shall be substituted for that other amount in the application of this section to the system in that program year.
(5) Where:
(a) a non‑systemic school was included in the list of non‑systemic schools referred to in section 24 of the States Grants (Schools Assistance) Act 1983; and
(b) the amount specified in column 2 or 3 of Schedule 8 to that Act opposite to the level of assistance in column 1 of that Schedule that was the level of assistance specified in that list for the school is greater than the amount applicable to the school in a program year under paragraph (1)(a) or (b), as the case may be, of this section;
the first‑mentioned amount shall be substituted for that other amount in the application of this section to the school in that program year.
(6) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved school system, or a school, in the State in a program year:
(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay to the approved authority of the approved school system or of the school, as the case may be, an amount equal to each amount paid to the State under this section in relation to the school system or the school in respect of that year and, in making the payment, will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section;
(b) on the condition that the State will not make a payment to the authority under this section in respect of that year unless the authority has entered into an agreement of a kind determined by the Minister with the Commonwealth in respect of that year, or in respect of a number of years including that year or the Minister is satisfied that factors outside the control of the authority have prevented it from entering into such an agreement; and
(c) on the additional conditions applicable under section 29.
(7) Where, during a program year:
(a) a non‑systemic school becomes a systemic school; 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 a non‑systemic school;
the Minister may, having regard to the need of the school and of the school system for financial assistance and to whether the school became a part of the school system primarily for the purpose of improving the quality of the education provided at the school, direct that the amount calculated under subsection (1) in relation to the school system be reduced by the difference between:
(c) the part of that amount that is referrable to the number of students receiving primary education or secondary education at the school in that year; and
(d) the amount that would have been calculated under subsection (1) in relation to the school in respect of that year if the school had remained a non‑systemic school.
(8) If:
(a) an amount is payable to a State for a program year under another subsection of this section (except subsection (2) or (3)) in relation to the number of students receiving education at systemic schools in an approved school system or at a non‑systemic school; and
(b) any of the students are students with disabilities; and
(c) the funding level of the system or the non‑systemic school is not category 12;
the Minister may, by determination in writing, authorise payment to the State for that year, for the approved authority of the system or the approved authority of the non‑systemic school, of an additional amount equal to the product of:
(d) the number of the students with disabilities; and
(e) the difference between the amount payable under that subsection, in relation to a student, for the system or the non‑systemic school for that year and the amount payable under that subsection for that year in relation to a student receiving education at a school in a system or a non‑systemic school where the level of funding of the system or the non‑systemic school is category 12.