States Grants (Independent Schools) Act 1969 (Cth)

STATES GRANTS (INDEPENDENT SCHOOLS) ACT 1969 [Note: This Act is "repealed" by Act No. 76 of 1986]
(#DATE 30:09:1981)

- Reprinted as at 30 September 1981

*1* The States Grants (Independent Schools) Act 1969 (a) as shown in this
reprint comprises Act No. 89, 1969 as amended by the other Acts specified in the following table:
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
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States Grants
(Independent
Schools) Act 1969 89, 1969 27 Sept 1969 25 Oct 1969
States Grants
(Independent
Schools) Act 1972 7, 1972 24 Mar 1972 1 Jan 1972 -
States Grants
(Independent
Schools) Act (No.
2) 1972 109, 1972 31 Oct 1972 31 Oct 1972 -
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June 1978 12 June 1978 S. 8
Companies
(Miscellaneous
Amendments) Act
1981 92, 1981 18 June 1981 (b) -
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

(b) The States Grants (Independent Schools) Act 1969 was amended by section
45 of the Companies (Miscellaneous Amendments) Act 1981, section 2 of which
provides as follows:

''2. (1) Part I of this Act shall come into operation on the day on which
this Act receives the Royal Assent.

''(2) Division 1 of Part XI of this Act shall come into operation on the
day on which this Act receives the Royal Assent or, if on that day the Companies (Acquisition of Shares) Act 1980 has not come into operation, on the day on
which the Companies (Acquisition of Shares) Act 1980 comes into operation.

''(3) The provisions of this Act other than the provisions referred to in
sub-sections (1) and (2) shall come into operation on the day on which the
Companies Act 1981 comes into operation.''

No date for the commencement of the Companies Act 1981 had been fixed at 30 September 1981 and the amendment made by the Companies (Miscellaneous
Amendments) Act 1981 is not incorporated in this reprint.

STATES GRANTS (INDEPENDENT SCHOOLS) ACT 1969 - TABLE OF PROVISIONS 
TABLE

                             TABLE OF PROVISIONS


Section

  1.        Short title

  2.        Interpretation

  3.        Grants to States

  4.        Conditions of payments

  5.        Advances

  6.        Appropriation

  7.        Annual statement by Minister

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STATES GRANTS (INDEPENDENT SCHOOLS) ACT 1969 - LONG TITLE 
SECT

An Act to grant Financial Assistance to the States in relation to Independent
Schools

STATES GRANTS (INDEPENDENT SCHOOLS) ACT 1969 - SECT. 1. 
Short title 
SECT

  1. This Act may be cited as the States Grants (Independent Schools) Act
1969.*1*

See notes to first article of this CHAPTER.

STATES GRANTS (INDEPENDENT SCHOOLS) ACT 1969 - SECT. 2. 
Interpretation 

Sub-section (1) amended by No. 216, 1973, s. 3

SECT

	2. (1) In this Act, unless the contrary intention appears-



  ''independent school'' or ''school'' means a school or institution in a
State, other than a school or institution conducted by the State, at which
primary education or secondary education is, or both are, provided, but does
not include a school conducted for the profit, direct or indirect, of an
individual or individuals;



  ''primary education'' means full time education of a kind similar to that
provided for pupils in primary classes in schools conducted by the State
concerned;



  ''qualified accountant'', in relation to the furnishing of a statement
referred to in section 4 of this Act, means-



     (a)  a person who is registered as a company auditor or public accountant
under the law of a State or Territory;



     (b)  a member of The Institute of Chartered Accountants in Australia or
of the Australian Society of Accountants; or



     (c)  a person approved by the Minister as a person competent to furnish
such statements;



  ''recurrent expenditure'', in relation to an independent school, means
expenditure, other than capital expenditure, incurred for purposes related to
the provision of primary education or secondary education at the school;



  ''school authority'', in relation to an independent school, means the person
or body conducting the school;



  ''secondary education'' means full time education of a kind similar to that
provided for pupils in secondary classes in schools conducted by the State
concerned;



  ''the schools census date'', in relation to schools in a State, means the
date in the relevant year as at which the Commonwealth Statistician compiles
statistics in relation to the numbers of pupils in schools in that State;



  ''year'' means the year One thousand nine hundred and seventy or a
subsequent year.

  (2) A reference in this Act to primary education or secondary education
shall, in relation to pupils who, by reason of physical or mental handicap or
for any other reason, require special educational treatment, be read as
including a reference to such education of those pupils as, in the opinion of
the Minister, should be treated as primary education or secondary education,
as the case may be, for the purposes of this Act.

STATES GRANTS (INDEPENDENT SCHOOLS) ACT 1969 - SECT. 3. 
Grants to States 

Sub-section (1) amended by No. 7, 1972, s. 3

SECT

  3. (1) There is payable to each State, in respect of each of the years One
thousand nine hundred and seventy and One thousand nine hundred and
seventy-one, by way of financial assistance to the State, an amount in respect
of each independent school in the State, being an amount calculated at the
rates of-



  (a)  Thirty-five dollars for each pupil receiving primary education; and



  (b)  Fifty dollars for each pupil receiving secondary education,



at the school on the schools census date.

Inserted by No. 7, 1972, s. 3; amended by No. 109, 1972, s. 3


SECT

  (1A) There is payable to each State, in respect of the year One thousand
nine hundred and seventy-two, by way of financial assistance to the State, an
amount in respect of each independent school in the State, being an amount
calculated- 



  (a)  at the rate of Fifty dollars for each pupil receiving primary
education; and



  (b)  at the rate of Sixty-eight dollars for each pupil receiving secondary
education,



at the school on the schools census date.



  (2) Payments to a State under this section shall be made at such times, and
in such instalments, as the Minister determines.

STATES GRANTS (INDEPENDENT SCHOOLS) ACT 1969 - SECT. 4. 
Conditions of payments 

Sub-section (1) amended by No. 7, 1972, s. 4

SECT

  4. (1) The financial assistance to a State constituted by a payment of
moneys (including an advance) under this Act to the State in respect of an
independent school in respect of a year is granted on the conditions that-



  (a)  subject to the next succeeding paragraph, the State will pay to the
school authority, without undue delay, an amount equal to those moneys and
will describe the amount as a payment in respect of that school in respect of
that year out of moneys provided to the State by the Commonwealth;



  (b)  the payment to the school authority will not be made unless the school
authority agrees with the State, before or at the time of accepting that
payment, to be bound by the following conditions:



      (i)  the school authority will ensure that amounts equal to the total of
all payments made by the State to the school authority in respect of the
school in accordance with this section in the year in which the payment is
made (less any amount that has become repayable to the State by the school
authority in respect of those payments) are applied, in that year or not later
than three months after the end of that year, for the purposes of recurrent
expenditure in respect of the school;



     (ii)  the school authority will cause to be furnished to the Minister,
not later than six months after the end of the year in which the payment is
made, a statement in writing signed by a qualified accountant to the effect
that he has satisfied himself that the condition referred to in the last
preceding sub-paragraph has been complied with; and



     (iii)  if the total of the amounts paid by the State to the school
authority and described as payments in respect of that school, in respect of
the year in which the payment is made, out of moneys provided to the State by
the Commonwealth exceeds the amount payable in respect of the school in
respect of that year in accordance with section 3 of this Act, the school
authority will repay to the State the amount of the excess;



  (c)  if the State does not fulfil the conditions to be observed by the State
in relation to the payment under the preceding paragraphs of this sub-section,
or the school authority does not agree to be bound by the conditions referred
to in sub-paragraphs (i), (ii) and (iii) of the last preceding paragraph, the
State will repay to the Commonwealth an amount equal to the payment; and



  (d)  the State will repay to the Commonwealth amounts equal to so much of
any amounts paid by the State to the school authority in accordance with this
section as are repaid to the State by, or recovered by the State from, the
school authority.



  (2) If the Minister is satisfied that a school authority has failed to
fulfil a condition applicable to a payment made by a State to the school
authority in accordance with this Act in respect of any year, the Minister may
direct that an amount equal to the whole or a part of the payments made by the
State to the school authority in accordance with this Act in respect of that
year shall be deducted from further amounts becoming payable to the State
under this Act in respect of that school.



  (3) Where-



  (a)  the last preceding sub-section is applicable in relation to a school
authority (whether or not a direction is given under that sub-section); or



  (b)  a school authority has failed to accept the conditions upon which in
accordance with paragraph (b) of sub-section (1) of this section, a payment to
the school authority was proposed to be made by a State,



the Minister may direct that further payments to the State in respect of that
school shall not be made until the Minister is satisfied that the school
authority will accept and observe the conditions upon which payments to the
school authority by the State in accordance with this section are required to
be made.



  (4) An amount repayable by a State to the Commonwealth in accordance with
the condition contained in paragraph (c) or (d) of sub-section (1) of this
section is a debt due by the State to the Commonwealth.

STATES GRANTS (INDEPENDENT SCHOOLS) ACT 1969 - SECT. 5. 
Advances 

Amended by No. 36, 1978, s. 3

SECT

  5. The Minister and the Minister for Finance may make arrangements for the
making by the Minister for Finance to a State, by way of financial assistance
to the State, of advances of specified amounts in respect of specified
independent schools on account of the respective amounts that are expected to
become payable to the State under this Act in respect of those respective
schools in respect of the year in which the advances are made.

STATES GRANTS (INDEPENDENT SCHOOLS) ACT 1969 - SECT. 6. 
Appropriation 
SECT

  6. Amounts payable to a State under this Act are payable out of the
Consolidated Revenue Fund, which is appropriated accordingly.

STATES GRANTS (INDEPENDENT SCHOOLS) ACT 1969 - SECT. 7. 
Annual statement by Minister 
SECT

  7. As soon as practicable after the end of each year, the Minister shall
cause a statement to be laid before each House of the Parliament setting out-



  (a)  the names of the schools in each State in respect of which payments to
the State have been made under this Act in respect of that year and, in
respect of each school, the amount paid by reference to pupils receiving
primary education and the amount paid by reference to pupils receiving
secondary education; and



  (b)  the totals of the amounts paid to each State under this Act in respect
of that year by reference to pupils receiving primary education and by
reference to pupils receiving secondary education, respectively.

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