37ASpecial education—intervention support

37A Special education—intervention support

(1) The Minister may, by determination in writing, authorise the payment to a State, for the program year 1991 and subsequent program years, of an amount by way of financial assistance to the State for special education programs and special education activities provided in that year for children with disabilities, children with severe disabilities and children in residential care. (2) An amount paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in column 4 of Schedule 5 in relation to the year. (3) The Minister must not authorise payment to a State under subsection (1) for a program year unless the State has made an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind specified by the Minister that sets out conditions on which financial assistance is granted to the State under subsection (1). (4) Financial assistance for a program year 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 the 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 the amount specified by the Minister in the determination, being an amount not exceeding the sum of the amounts paid to the State under subsection (1) for the program year; and

(ii) the Minister may delay making any further payment to the State under subsection (1) until the State fulfils that condition.