31Grants for capital projects in connection with schools serving predominantly Aboriginal or Torres Strait Islander communities

31 Grants for capital projects in connection with schools serving predominantly Aboriginal or Torres Strait Islander communities

(1) Subject to subsection (2), the Minister may, by determination in writing, authorise the payment to the States under this section, by way of financial assistance to the States in respect of a program year, in relation to projects approved under section 30 in respect of that year, of an amount not exceeding the sum of:

(a) the amount set out in column 2 of Schedule 11 opposite to that year in relation to government schools; and

(b) the amount set out in column 3 of Schedule 11 opposite to that year in relation to non‑government schools.

(2) The Minister shall not authorise a payment to a State under this section in respect of a program year in relation to a project in connection with a government school (other than a project administered by a non‑government body) unless the State has entered into an agreement of a kind specified by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year, being an agreement that sets out conditions on which financial assistance is granted to the State under this section in relation to projects of that kind. (3) Financial assistance is granted to a State under this section in relation to a project approved under section 30 in connection with a government school (other than a project administered by a non‑government body):

(a) on the conditions set out in the agreement referred to in subsection (2); and

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) specified for fulfilment of the condition:

(i) the State will, if the Minister so determines, repay to the Commonwealth such amount (not being greater than the sum of the amounts of financial assistance paid to the State under this section in respect of that year in connection with that project) as the Minister specifies in the determination; and

(ii) the Minister may delay the making of any further payment to the State under this section until the State fulfils that condition.

(4) Financial assistance is granted to a State under this section in relation to a project in connection with a non‑government school or a project in connection with a government school that is adminstered by a non‑government body:

(a) on the condition that, subject to paragraph (c), the State will, as soon as possible, pay to the approved authority of the school or body 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 as a payment in relation to the project made out of money provided to the State by the Commonwealth under this section;