39C School language and literacy program—priority languages incentive element
(1) The Minister may authorise payment to a State of an amount by way of financial assistance:
(a) to the State for expenditure for the program year 1992 on language education provided at or in connection with government schools or government educational institutions in the State; and
(b) to the State for expenditure of an approved school system in the State for the program year 1992 on language education provided at or in connection with systemic schools in the school system; and
(c) to the State for expenditure of a non‑systemic school, or an aggregation of non‑systemic schools, in the State for the program year 1992 on language education provided at or in connection with the school or schools in the aggregation.
(2) The amount paid to a State under paragraph (1)(a) for the program year must not exceed the lesser of the amounts worked out using the following formulas:
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where:
Column 2 amount means the amount in column 2 of Part 1 of Schedule 20.
Eligible students means the number of eligible year 12 students at government schools and government educational institutions in the State.
Year 12 students means the number of year 12 students enrolled at government schools and government educational institutions in the State on the schools census day for the State for that year or such other day as the Minister determines in writing.
(3) The amount paid to a State under paragraph (1)(b) for the program year must not exceed the lesser of the amounts worked out using the following formulas:
(a) Image unavailable in extracted text;
(b) Image unavailable in extracted text
where:
Column 2 amount means the amount in column 2 of Part 1 of Schedule 20.
Eligible students means the number of eligible year 12 students at systemic schools in the school system.
Year 12 students means the number of year 12 students enrolled at systemic schools in the school system on the schools census day for the State for that year or such other day as the Minister determines in writing.
(4) The amount paid to a State under paragraph (1)(c) for the program year must not exceed the lesser of the amounts worked out using the following formulas:
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(b) Image unavailable in extracted text
where:
Column 2 amount means the amount in column 2 of Part 1 of Schedule 20.
Eligible students means the number of eligible year 12 students at:
(a) the non‑systemic school; or
(b) non‑systemic schools in the aggregation.
Year 12 students means the number of year 12 students enrolled at:
(a) the non‑systemic school; or
(b) non‑systemic schools in the aggregation;
on the schools census day for the State for that year or such other day as the Minister determines in writing.
(5) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year.
(6) The conditions are to be included in an agreement entered into by the State with the Commonwealth.
(7) The Minister may only authorise a payment to the State for the program year if the State has entered into the agreement.
(8) Financial assistance is granted to a State in respect of a government school, or a government educational institution, in the State for the program year:
(a) on the conditions set out in the agreement mentioned in subsection (7); and
(b) on the condition that, if the State does not fulfil a condition of 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; and
(ii) the Minister may delay making any further payments to the State under paragraph (1)(a) until the State fulfils that condition.
(9) The amount specified in the determination mentioned in subparagraph (8)(b)(i) is not to exceed the sum of the amounts paid to the State under this section in respect of government schools and government educational institutions for the program year.
(10) Financial assistance is granted to a State in respect of an approved school system in the State for the program year on the conditions that:
(a) the State will pay, as soon as possible, to the approved authority of the school system an amount equal to each amount paid to the State under this section in relation to the school system for that year; and
(b) when making the payment, the State will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section; and
(c) if the State does not fulfil the condition mentioned in paragraph (a) or (b), the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination; and
(d) the State will only make a payment to the authority if the authority has entered into an agreement with the Commonwealth for that year; and
(e) if the authority does not fulfil a condition of the agreement, the Minister may delay making any further payment to the State under this section in respect of the authority until the authority fulfils that obligation.
(11) The amount specified in the determination mentioned in paragraph (10)(c) is not to exceed the sum of the amounts of financial assistance paid to the State under this section in respect of approved school systems for the program year.
(12) The Minister is to determine the conditions of the agreement mentioned in paragraph (10)(d).
(13) Financial assistance is granted to a State in respect of a non‑ systemic school, or an aggregation of non‑systemic schools, in the State for the program year on the conditions that:
(a) the State will pay, as soon as possible:
(i) to the approved authority of the school an amount equal to each amount paid to the State under this section in relation to the school for that year; and
(ii) to the nominated authority of the aggregation an amount equal to each amount paid to the State under this section in relation to the aggregation for that year; and
(b) when making the payment, the State will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section; and
(c) if the State does not fulfil the condition mentioned in subparagraph (a)(i) or (ii) or paragraph (b), the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination; and
(d) the State will only make a payment to the authority if the authority has entered into an agreement with the Commonwealth for that year; and
(e) if the authority does not fulfil a condition of the agreement, the Minister may delay making any further payment to the State under this section in respect of the authority until the authority fulfils that obligation.
(14) The amount specified in the determination mentioned in paragraph 13(c) is not to exceed the sum of the amounts of financial assistance paid to the State under this section in respect of non‑systemic schools and aggregations of non‑systemic schools for the program year.
(15) The Minister is to determine the conditions of the agreement mentioned in paragraph (13)(d).
(16) An authorisation under subsection (1) is to be made by determination in writing.
Section 39C - States Grants (Schools Assistance) Act 1988 - School language and literacy program—priority languages incentive element | Zoe