37Grants for early special education programs

37 Grants for early special education programs

(1) The Minister may, by determination in writing, approve, for the purposes of this section, a program of early special education for children with disabilities provided by the approved authority of a non‑government school or a non‑government centre in a State in the program years 1989 and 1990. (2) Subject to subsection (3), the Minister may, by determination in writing, authorise the payment to a State under this subsection, by way of financial assistance to the State for expenditure in relation to programs of early special education for children with disabilities provided in the State in the program years 1989 and 1990, being:

(a) programs approved under subsection (1) in relation to that State in respect of the year concerned; or

(b) programs provided by the State or an instrumentality of the State in the year concerned;

of an amount not exceeding the amount set out opposite to the name of the State in column 8 of the part of Schedule 5 that relates to the year concerned. (3) The Minister shall not authorise a payment to a State under this section in respect of a program year 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. (4) Financial assistance is granted to a State under this section:

(a) on the conditions set out in the agreement; 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) 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.