39Grants for projects of national significance

39 Grants for projects of national significance

(1) Subject to subsection (2), where:

(a) a project is carried out in Australia with the sole or principal object of promoting change or innovation in, or in relation to, primary or secondary education in Australia or of improving the experience, knowledge or skills of teachers and other persons in relation to primary or secondary education in Australia; and

(b) the Minister is satisfied that the project is of national significance and that it is desirable that assistance in connection with the project be provided under this section;

the Minister may, by determination in writing, approve the project for the purposes of this section. (2) Subject to subsections (3) and (4), 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 expenditure in respect of a program year in relation to a project approved under subsection (1). (3) The Minister shall not authorise payments to the States under subsection (1) in respect of a program year that exceed, in the aggregate, the amount set out in column 2 of Schedule 16 opposite to that year. (4) The Minister shall not authorise a payment to a State under this section in respect of a program year in relation to a project conducted by the State 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. (5) Financial assistance is granted to a State under this section in relation to a project conducted by a State in respect of a program year:

(a) on the conditions set out in the agreement referred to in subsection (4); 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.

(6) Financial assistance is granted to a State under this section in relation to a project conducted by a person other than the State in respect of a program year:

(a) on the condition that, subject to paragraph (c), the State will, as soon as possible, pay to the person 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;