32Approval of programs of ethnic education

32 Approval of programs of ethnic education

(1) Subject to this section, the Minister may, by determination in writing, approve a program of ethnic education provided, otherwise than for profit, by a body that is an approved ethnic schools authority in a program year. (2) The Minister shall not approve a program under subsection (1) unless the Minister is satisfied that:

(a) the program is the same as, or substantially the same as, a program that was approved under subsection 60(1) of the former Act in respect of the year commencing on 1 January 1986; or

(b) there are exceptional circumstances justifying the granting of the approval.

(3) Without limiting the matters to which the Minister may have regard in deciding whether to approve a program of ethnic education in respect of a program year or in determining a level of assistance in respect of a program year, the Minister shall have regard to:

(a) the nature of the program;

(b) the number of hours per week during which direct instruction 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 in respect of a program year 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 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 assistance has been or will be provided by the Commonwealth towards the recurrent expenditure of the authority for the program; and

(d) the authority has complied with any obligations that were applicable to the authority in respect of a preceding year, whether under this Act or the former Act.