33Grants for programs of ethnic education

33 Grants for programs of ethnic education

(1) Subject to subsection (2), 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 ethnic schools authority in respect of a program year in providing, in that State in that year, an approved program of ethnic education in respect of that year, of an amount determined by the Minister, being an amount not exceeding the product of:

(a) the amount set out in column 2 of Schedule 12 opposite to that year; and

(b) the number of students applicable to the program under subsection (2).

(1A) A grant is not to be made after the program year 1991. (2) Subject to subsection (3), the number of students applicable to a program of ethnic education for the purposes of paragraph (1)(b) is:

(a) in the case of a program (in this paragraph called the existing program) that had been approved by the Minister under the former Act in respect of the year commencing on 1 January 1986, or a program that is, in the opinion of the Minister, the same as, or substantially the same as, the existing program—the number applicable to the existing program under paragraph 61(1)(b) of the former Act;

(b) in the case of a program approved by the Minister under subsection 32(1)—a number determined by the Minister in writing; or

(c) if the number of students enrolled in the program is fewer than the number applicable under paragraph (a) or (b), as the case requires—the number of students enrolled in the program.

(3) The Minister may, in exceptional circumstances, determine a number of students applicable to a program that is greater than the number applicable to the program under subsection (2). (4) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved ethnic schools authority in respect of a program year in connection with the provision in the State in that year of an approved program of ethnic education:

(a) on the condition that, subject to paragraph (c), the State will, as soon as possible, pay to the authority an amount equal to each amount paid to the State under this section in relation to the program 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, if the State does not fulfil the condition referred to in paragraph (a), the State will, if the Minister so determines, repay to the Commonwealth an 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) as the Minister specifies in the determination;