States Grants (Schools Assistance) Act 1988
39ALiteracy and learning projects—national element
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39A Literacy and learning projects—national element
(1) The Minister may, by determination in writing, approve a project for the purposes of this section if:
(a) the project is to be carried out in Australia with the sole or principal object of enhancing literacy and learning at secondary level; and
(b) the Minister is satisfied that the project is of national importance and that it is desirable to provide assistance under this section in connection with the project.
(2) The Minister may, by determination in writing, authorise the payment to a State, for the 1991 program year, of an amount by way of financial assistance to the State for expenditure in relation to an approved project. (3) The sum of amounts paid to the States under subsection (2) for the program year must not exceed the amount set out in relation to the year in Part 1 of Schedule 18. (4) The Minister must not authorise payment to a State under subsection (2) for the 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 (2). (5) Financial assistance is granted to a State under subsection (2) for the program year in relation to an approved project conducted by the State:
(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 the fulfilment of the condition:
(i) the State will, if the Minister so determines, repay to the Commonwealth an amount specified by the Minister in the determination, being an amount not exceeding the sum of the amounts of financial assistance paid to the State under subsection (2) for the program year; and
(ii) the Minister may delay making any further payment to the State under subsection (2) until the State fulfils the condition.
(6) Financial assistance is granted to a State under subsection (2) for the program year in relation to an approved project conducted by a person or organisation (except the State):
(a) on the condition that the State will, as soon as practicable, pay the person or organisation an amount equal to each amount paid to the State under subsection (2) in relation to the project, and, when making a payment, will identify the amount paid to the person or organisation as a payment made in relation to the project from money granted to the State under this section; and
(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 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 (2) for the program year; and