States Grants (Schools Assistance) Act 1988
27Grants for expenditure of non‑government disadvantaged schools
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27 Grants for expenditure of non‑government disadvantaged schools
(1) Subject to subsection (2), the Minister may, by determination in writing, declare a non‑government school in a State to be a disadvantaged school for the purposes of this Act. (2) The Minister shall not declare a non‑government school in a State to be a disadvantaged school for the purposes of this Act if the Minister is of the opinion that the total number of students at schools in the State that are, or may become, non‑government disadvantaged schools, is, or will be, at any time during a program year, greater than the approved maximum number of students in relation to non‑government disadvantaged schools in that State in respect of that year. (3) The Minister shall determine, in relation to each State, the number of students that is, for the purposes of this Act, the approved maximum number of students in relation to non‑government disadvantaged schools in the State for each program year. (4) 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 or for expenditure on minor capital projects of:
(a) approved school systems in the State in connection with systemic disadvantaged schools; or
(b) non‑systemic disadvantaged schools in the State;
in respect of a program year of an amount not exceeding the amount set out opposite to the name of the State in column 3 of the part of Schedule 4 that relates to that year. (5) Financial assistance is granted to a State under this section in respect of a program year for a systemic or a non‑systemic disadvantaged school in the State:
(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay to the relevant approved authority 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 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; and
(c) on the additional conditions applicable under section 29.