States Grants (Primary and Secondary Education Assistance) Act 2000 (Cth)

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000

Compilation Information

States Grants (Primary and Secondary Education Assistance) Act 2000 Act No. 148 of 2000 as amended

This compilation was prepared on 15 December 2004
taking into account amendments up to Act No. 137 of 2004
The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General's Department, Canberra

Long Title

An Act to grant financial assistance to the States for 2001 to 2004 for primary and secondary education, and for related purposes

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Part 1—Preliminary

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 1
Short title [see Note 1]

This Act may be cited as the States Grants (Primary and Secondary Education Assistance) Act 2000.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 2
Commencement

This Act commences, or is taken to have commenced, on 1 January 2001.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 3
Simplified outline of Act

(1)

This section is a simplified outline of this Act.

(2)

Financial assistance may be paid to the States for both government and non-government schools in the States for:

(a)

the 2001 to 2004 calendar years (for grants for general recurrent expenditure and expenditure for specific purposes); and

(b)

the 2001 to 2007 calendar years (for grants for capital expenditure).

(3)

Payments may be authorised only for the purposes in Parts 5 to 14.

(4)

Financial assistance to a State for government schools must not be paid unless there is an agreement with the State. The agreement must set out the conditions on financial assistance, including conditions that this Act requires the agreement to include.

(5)

Financial assistance to a State for a non-government school or system of schools must not be paid unless:

(a)

there is an agreement with the relevant authority of the school or system that sets out the requirements that this Act requires the agreement to include; and

(b)

the list of non-government schools includes the school or the schools in the system.

(6)

If there is a breach of a condition, the Minister may require an amount to be repaid to the Commonwealth. Alternatively, the Minister may reduce or delay the amount of other payments under this Act.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 4
Definitions

(1)

In this Act, unless the contrary intention appears:

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adjusted primary distance education amount has the meaning given by subsection 62(2).

adjusted secondary distance education amount has the meaning given by subsection 63(2).

adjusted SES primary amount has the meaning given by subsection 59(7).

adjusted SES secondary amount has the meaning given by subsection 60(7).

adjusted year 2000 primary amount, for a school for a program year, means:

(a)

if the school has a year 2000 funding level—the amount in the table in Part 3 of Schedule 4 for the program year and the school's year 2000 funding level; or

(b)

if the school is a special school—the amount in the table in Part 3 of Schedule 4 for the program year and the highest percentage of AGSRC in the table.

adjusted year 2000 secondary amount, for a school for a program year, means:

(a)

if the school has a year 2000 funding level—the amount in the table in Part 4 of Schedule 4 for the program year and the school's year 2000 funding level; or

(b)

if the school is a special school—the amount in the table in Part 4 of Schedule 4 for the program year and the highest percentage of AGSRC in the table.

AGSRC, for primary education for a program year, means:

(a)

the Average Government School Recurrent Costs in Schedule 1 for primary education for the program year; or

(b)

if regulations are made for the purposes of subsection 102(1) for primary education for the program year—the amount in the regulations for that year.

AGSRC, for secondary education for a program year, means:

(a)

the Average Government School Recurrent Costs in Schedule 1 for secondary education for the program year; or

(b)

if regulations are made for the purposes of subsection 102(1) for secondary education for the program year—the amount in the regulations for that year.

approved authority means a body determined under section 9 to be an approved authority.

approved Catholic school system means a school system:

(a)

that is included in the list of approved school systems kept under section 34; and

(b)

for which the relevant authority is a Catholic education authority.

approved school system means a school system that is included in the list of approved school systems kept under section 34.

authorised person has the meaning given by subsection 14(4).

block grant authority means a body corporate that the Minister determined to be a block grant authority for the purposes of Division 3 of Part 6 in connection with non-government schools or non-government rural student hostels.

body means any organisation or body, whether incorporated or not, or an individual.

capital expenditure includes expenditure relating to any one or more of the following:

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(a)

investigating the need for:

(i)

schools, government rural student hostels or non-government rural student hostels in particular areas; or

(ii)

schools, government rural student hostels or non-government rural student hostels of particular kinds in particular areas; or

(iii)

buildings, parts of buildings, other facilities or equipment;

(b)

purchasing land, with or without buildings or parts of buildings;

(c)

planning for the erection, alteration, extension, demolition or refurbishment of a building, part of a building or other facility;

(d)

developing or preparing land for building or other purposes;

(e)

erecting, altering, extending, demolishing or refurbishing a building, part of a building or other facility;

(f)

installing or upgrading water, electricity or any other services;

(g)

providing equipment, including information technology equipment;

(h)

providing furniture;

(i)

providing library materials or obtaining services and goods for cataloguing a library;

(j)

payment to a block grant authority for its administrative expenses.

child with disabilities means a child for whom a disability assessment has been made and to whom one of the following paragraphs applies:

(a)

if the child is of school age:

(i)

his or her attendance at a school, a government centre or a non-government centre is not appropriate because of his or her disabilities; or

(ii)

although attending a school, a government centre or a non-government centre, the child is unable (because of his or her disabilities) to receive a substantial part of the benefits ordinarily available to children enrolled there;

(b)

if the child has not reached school age, it is likely that, on reaching that age:

(i)

his or her attendance at a school, a government centre or a non-government centre would not be appropriate because of his or her disabilities; or

(ii)

if he or she attended a school, a government centre or a non-government centre, the child would be unable (because of his or her disabilities) to receive a substantial part of the benefits ordinarily available to children enrolled there.

disability assessment, for a child or a student, means an assessment, by a person with relevant qualifications, that the child or student has an intellectual impairment, a sensory impairment, a physical impairment, a social impairment, an emotional impairment or more than one of those impairments to a degree that:

(a)

for a child of school age or a student—satisfies the criteria for enrolment in special education services, or special education programs, provided by the Government of the State in which the child or student resides; or

(b)

for a child who is not of school age—would satisfy those criteria if the child had reached that age.

education in English as a second language for eligible new arrivals has the meaning given by subsection 99(3).

eligible new arrival has the meaning given by subsection 99(3).

ESL course has the meaning given by subsection 99(3).

ESL new arrivals amount, for a program year, means the amount in Part 3 of Schedule 8 for the program year.

former Act means the States Grants (Primary and Secondary Education Assistance) Act 1996.

funding level has the meaning given by section 5.

government centre has the meaning given by subsection 77(3).

government educational institution has the meaning given by subsection 90(3).

government rural student hostel means a hostel in a State whose primary purpose is to provide accommodation for students from rural areas who are undertaking education at government schools in the State (whether or not it also provides accommodation for other students), but does not include a hostel that is conducted for profit.

government school, in relation to a State, means a school in the State that is conducted by or on behalf of the Government of the State.

level of education means a thing determined under section 6.

list of approved school systems means the list of approved school systems kept under section 34.

list of non-government schools means the list of non-government schools kept under section 33.

location proposal has the meaning given by subsection 45(2).

new school proposal has the meaning given by subsection 45(4).

nominated authority means a body nominated under section 10.

non-government body means a body that is not managed or controlled by or on behalf of the Government of a State and:

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(a)

includes an approved school system, a systemic school, a non-systemic school, a non-government centre and a non-government rural student hostel; and

(b)

for the purposes of grants under section 73 for projects in connection with non-government rural student hostels—includes a local government body.

non-government centre has the meaning given by subsection 87(2).

non-government rural student hostel means a hostel:

(a)

that is in a State; and

(b)

that is conducted by a non-government body; and

(c)

whose primary purpose is to provide accommodation for students from rural areas who are undertaking education at schools in the State (whether or not it also provides accommodation for other students);

but does not include a government rural student hostel or a hostel that is conducted for profit.

non-government school means a school in a State that is not conducted by or on behalf of the Government of a State, but does not include a school conducted for profit.

non-systemic school means a non-government school that:

(a)

is not included in an approved school system; and

(b)

is in the list of non-government schools as not being included in an approved school system.

number of primary distance education students, for a non-government school in a State for a program year, means the number of students (including the full-time equivalent of part-time students) receiving primary distance education at the school on the schools census day for the school for the program year.

number of primary students, for a non-government school in a State for a program year, means the number of students (including the full-time equivalent of part-time students) receiving primary education at the school on the schools census day for the school for the program year, except students receiving primary distance education.

number of primary students in 2000, for a school, means the number of primary students (within the meaning of section 47 of the former Act) for the 2000 program year (within the meaning of that Act).

number of secondary distance education students, for a non-government school in a State for a program year, means the number of students (including the full-time equivalent of part-time students) receiving secondary distance education at the school on the schools census day for the school for the program year.

number of secondary students, for a non-government school in a State for a program year, means the number of students (including the full-time equivalent of part-time students) receiving secondary education at the school on the schools census day for the school for the program year, except students receiving secondary distance education.

number of secondary students in 2000, for a school, means the number of secondary students (within the meaning of section 47 of the former Act) for the 2000 program year (within the meaning of that Act).

overseas student has the meaning given by subsection 52(2).

program year means:

(a)

the 2001, 2002, 2003 or 2004 calendar year; or

(b)

in relation to capital grants—the 2001, 2002, 2003, 2004, 2005, 2006 or 2007 calendar year.

program year percentage means:

(a)

for the 2001 program year—25%; and

(b)

for the 2002 program year—50%; and

(c)

for the 2003 program year—75%; and

(d)

for the 2004 program year—100%.

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public service employee has the meaning given by subsection 110(4).

qualified accountant has the meaning given by subsection 22(2).

recurrent expenditure means expenditure relating to the ongoing operating costs of schools.

relevant authority, for a non-government body, means:

(a)

the approved authority or nominated authority for the body; or

(b)

in respect of a payment for a project administered by a block grant authority—the block grant authority.

relevant Minister, in relation to a provision of the former Act, means (except in a reference to a State Minister) the Minister who administered that provision.

school includes a proposed school, but does not include a school at which education is provided at a standard (however described) that is pre-school standard only.

schools census day, for a State for a program year, means the day in that year (being a day as close as possible to 1 August in that year) that the State Minister notifies the Minister is the schools census day for the State for that year.

schools census day means:

(a)

for a non-systemic school, or an approved school system, in a State for a program year—the schools census day for the State for that year; or

(b)

for a non-systemic school, or an approved school system, for a program year and in relation to which the Minister has, because of special circumstances, declared a particular day in that year to be the schools census day for the school or system for that year—the day so declared; or

(c)

for a non-systemic school, or an approved school system, in a State, for a program year if:

(i)

paragraphs (a) and (b) do not apply; and

(ii)

the State Minister and the Minister have agreed that a particular day in that year is to be the schools census day for the school or system for that year;

the day so agreed.

secondary education means junior secondary education or senior secondary education.

section 18 agreement means an agreement made as mentioned in section 18.

SES funding level, for a school, means the percentage of AGSRC in column 2 of the table in each of Parts 1 and 2 of Schedule 4 that applies to the school because of a determination under this Act or because of the school's SES score (as appropriate).

SES primary amount means:

(a)

for a school (other than a special school)—the amount as at 1 January 2001 in the table in Part 1 of Schedule 4 for the school for the 2001 program year and the school's SES score; or

(b)

for a special school—the amount as at 1 January 2001 in the table in Part 1 of Schedule 4 for the school for the 2001 program year and the SES funding level of 70.0% of AGSRC.

SES score has the meaning given by section 7.

SES secondary amount means:

(a)

for a school (other than a special school)—the amount as at 1 January 2001 in the table in Part 2 of Schedule 4 for the 2001 program year and the school's SES score; or

(b)

for a special school—the amount as at 1 January 2001 in the table in Part 2 of Schedule 4 for the 2001 program year and the SES funding level of 70.0% of AGSRC.

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special education means education under special programs, or special activities, designed specifically for children with disabilities and/or students with disabilities.

special school means a school in a State that:

(a)

has been, or is likely to be, recognised by the State Minister as a special school; and

(b)

provides special education.

State includes the Australian Capital Territory and the Northern Territory.

State Minister, for a State, means the Minister of the State who is responsible, or primarily responsible, for the administration of matters relating to school education in the State.

student with disabilities means a student:

(a)

who attends a government school, a government centre, a non-government school (whether or not as a distance education student) or a non-government centre; and

(b)

in respect of whom a disability assessment has been made.

systemic school means a non-government school that:

(a)

is included in an approved school system; and

(b)

is in the list of non-government schools as being included in an approved school system.

total SES funding amount, for a school, means the amount worked out using the formula:

total year 2000 funding amount, for a school, means the amount worked out using the formula:

year 2000 funding level has the meaning given by section 8.

year 2000 primary amount means:

(a)

for a non-systemic school (other than a special school)—the Part 1 amount (within the meaning of subsection 47(2) of the former Act) for the school immediately before 1 January 2001; or

(b)

for a school (other than a special school) that was in an approved school system (within the meaning of that Act) immediately before 1 January 2001—the Part 1 amount (within the meaning of subsection 47(2) of that Act) for the system then; or

(c)

for a school that was a special school immediately before 1 January 2001—the amount in the table in Part 3 of Schedule 4 on 1 January 2001 for the 2001 program year and the highest percentage of AGSRC in the table.

Note: The Part 1 amount may have been affected by subsection 101(3) of the former Act.

year 2000 secondary amount means:

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(a)

for a non-systemic school (other than a special school)—the Part 2 amount (within the meaning of subsection 47(2) of the former Act) for the school immediately before 1 January 2001; or

(b)

for a school (other than a special school) that was in an approved school system (within the meaning of that Act) immediately before 1 January 2001—the Part 2 amount (within the meaning of subsection 47(2) of that Act) for the system then; or

(c)

for a school that was a special school immediately before 1 January 2001—the amount in the table in Part 4 of Schedule 4 on 1 January 2001 for the 2001 program year and the highest percentage of AGSRC in the table.

Note: The Part 2 amount may have been affected by subsection 101(4) of the former Act.

(2)

For the purposes of this Act, a student is taken not to be receiving primary education or not to be receiving secondary education (as appropriate) at a non-government school unless:

(a)

the student attends, on a daily basis, the school at a location in the list of non-government schools in respect of the school; or

(b)

the Minister has determined that the student is to be treated (because of special circumstances) as so attending the school.

(3)

For the purposes of this Act, a student is taken not to be receiving primary distance education or not to be receiving secondary distance education (as appropriate) at a non-government school in a State if:

(a)

the student does not reside in the State; or

(b)

the school is not approved in accordance with the law of the State in which the school is located to provide distance education; or

(c)

the student is approved as a home education student (however described) in accordance with the law of the State in which the student resides.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 5
Funding level

(1)

For the purposes of this Act, funding level, for a school, means the school's SES funding level or year 2000 funding level (as appropriate).

(2)

For the purposes of this Act, funding level, for an approved Catholic school system, means the percentage of AGSRC specified in section 127 for the system.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 6
Levels of education

(1)

For the purposes of this Act, the Minister may make a determination declaring what is a level of primary education or a level of secondary education for a State. The determination may relate to:

(a)

education provided at schools generally; or

(b)

education provided at schools included in a particular class of schools.

(2)

In making a determination under subsection (1), the Minister must have regard to the arrangements made for providing education at government schools in the State. This does not limit the matters to which the Minister may have regard.

(3)

The Minister must cause a copy of each determination under subsection (1) to be published in the Gazette as soon as practicable after the determination is made.

(4)

A reference in this Act to a level of education at a school in a State includes a reference to a year in a course of primary education or secondary education provided at the school at a level determined by the Minister that applies to the school.

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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 7
SES score

(1)

For the purposes of this Act, an SES score means a whole number determined by the Minister for a school in accordance with guidelines approved by the Minister.

(2)

Guidelines approved by the Minister for the purposes of subsection (1) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 8
Year 2000 funding level

(1)

For the purposes of this Act, the year 2000 funding level of a non-government school (whether in an approved school system or not) is the percentage:

(a)

worked out using the formula in subsection (2) and/or the formula in subsection (3); and

(b)

rounded, if necessary, to one decimal place (rounding up if the second decimal place is 5 or more).

(2)

One formula is:

(3)

The other formula is:

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 9
Approved authority

The Minister may determine that a body is the approved authority of:

(a)

an approved school system; or

(b)

a non-systemic school; or

(c)

a non-government school; or

(d)

a non-government rural student hostel; or

(e)

another non-government body;

for the purposes of the provision of this Act in which the expression appears.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 10
Nominated authority

A group of non-government schools may make a written nomination to the Secretary of the Department of a body to be the nominated authority of the group for the purposes of this Act or of a particular provision or particular provisions of this Act.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Part 2—General provisions relating to grants

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 1—Simplified outline of Part

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 11
Simplified outline

(1)

This section is a simplified outline of this Part.

(2)

Financial assistance to a State for government schools must not be paid unless there is an agreement between the Commonwealth and the State.

(3)

The agreement must set out the conditions on financial assistance required by Division 2. The agreement may also set out other conditions.

(4)

If there is a breach of a condition, the Minister may require an amount to be repaid to the Commonwealth. Alternatively, the Minister may reduce or delay the amount of other payments under this Act.

(5)

Financial assistance to a State for a non-government school or system must not be paid unless there is an agreement between the Commonwealth and the relevant authority of the school or system that sets out the requirements mentioned in Division 3. The agreement may also set out other requirements.

(6)

If there is a breach of a requirement, the Minister may require an amount to be repaid to the Commonwealth. Alternatively, the Minister may reduce or delay the amount of other payments for the non-government school under this Act.

(7)

The grant to a State of financial assistance for a non-government school for a program year is subject to conditions.

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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 2—Grants for government schools

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 12
Agreement on conditions of financial assistance

(1)

The Minister must not authorise a payment to a State under a provision of this Act for government schools for a program year unless the State has made with the Commonwealth an agreement that sets out:

(a)

a commitment by the State to the National Goals for Schooling prepared by the Ministerial Council on Education, Employment, Training and Youth Affairs; and

(b)

a commitment by the State to achieve the performance measures (including the performance targets) set out in the regulations as in force from time to time; and

(c)

the conditions mentioned in subsection (3); and

(d)

the conditions mentioned in sections 14, 15, 16 and 17.

(2)

The agreement mentioned in subsection (1) may have been made before the commencement of this Act.

(3)

For the purposes of paragraph (1)(c), the conditions must include the following:

(a)

a condition that the amount of the payment is to be spent for the purposes determined by the Minister and set out in the condition;

(b)

a condition that the State will provide to the Minister reports about the expenditure of the financial assistance that contain information of a kind that the Minister thinks appropriate relating to that assistance to the State;

(c)

a condition that the State will provide the reports mentioned in paragraph (b) to the Minister at the times, and in the manner, that the Minister thinks appropriate.

Note: The purposes that may be set out in the condition and determined by the Minister are those in Parts 5 to 14.

(4)

The agreement with the State may also include other conditions that the Minister thinks appropriate in relation to financial assistance to the State.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 13
General conditions of financial assistance

The grant to a State under this Act of financial assistance for government schools for a program year is subject to the conditions set out in the agreement made between the State and the Commonwealth as mentioned in section 12 in respect of the financial assistance.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 14
Specific condition: financial accountability

(1)

One condition is that the State will:

(a)

give the Secretary of the Department a certificate by the State Minister (or by an authorised person) stating whether the amount or the sum of the amounts of financial assistance paid to the State under a provision of this Act for the program year has been spent (or committed to be spent) for that year for the purpose for which the assistance was granted; and

(b)

give the certificate to the Secretary of the Department on or before 30 June next following the program year concerned or such other date as the Minister determines.

(2)

A further condition is that, if not all the amount or amounts of the assistance were spent (or committed to be spent) by the State for the program year concerned for the purpose for which the assistance was granted, the State will, if the Minister so determines, pay to the Commonwealth the amount stated in the determination within a period determined by the Minister.

(3)

The amount stated in the determination must not be more than:

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(a)

the unspent or uncommitted amount; or

(b)

the sum of the unspent or uncommitted amounts.

(4)

In this Act:

authorised person, for a State, means:

(a)

the Auditor-General of the State; or

(b)

another person acting with the authority of the State Minister of the State.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 15
Specific condition: educational accountability

A further condition is that the State will do each of the following not later than a date or dates determined by the Minister for the purposes of each paragraph:

(a)

participate in preparing a national report on the outcomes of schooling;

(b)

provide to the Minister for inclusion in the report mentioned in paragraph (a) a report or reports, of a kind or kinds required by the Minister, addressing the requirements for performance information that are set out in the regulations as in force from time to time;

(c)

provide to the Minister a report or reports, of a kind or kinds required by the Minister, in relation to financial assistance provided to the State under this Act;

(d)

participate in evaluating the outcomes of programs of financial assistance provided under this Act;

(e)

if the Minister considers that the State has not achieved the performance measures (including the performance targets) set out in the regulations as in force from time to time and the Minister has directed the State to take the action specified in the direction—provide to the Minister a report on the action taken in response to the direction.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 16
Specific condition: non-fulfilment of conditions

(1)

A further condition is that if the State does not fulfil a condition mentioned in paragraph 12(1)(c) within the period stated in the agreement or does not fulfil a condition mentioned in section 14 or 15 by the date specified in the section or the date determined by the Minister for the purposes of the section:

(a)

the State will, if the Minister so determines, repay to the Commonwealth the amount stated in the determination; and

(b)

if the State does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the State under this Act for government schools by an amount or amounts totalling not more than the amount stated in the determination under paragraph (a); and

(c)

the Minister may delay the making of any further payment to the State under this Act for government schools until the State fulfils this condition.

Note: A determination mentioned in paragraph (1)(b) is made under section 28.

(2)

The amount stated in the determination under paragraph (1)(a) must not be more than the sum of the amounts of financial assistance paid to the State under the provision for the program year concerned.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 17
Specific condition: overpayment of financial assistance

A further condition is that if the amount of financial assistance paid to the State under a provision of this Act for government schools exceeds the amount that was properly payable:

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(a)

the State will, if the Minister so determines, pay to the Commonwealth the amount (not more than the excess) stated in the determination; and

(b)

if the State does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the State under this Act for government schools by an amount or amounts not more than the amount stated in the determination under paragraph (a).

Note: A determination mentioned in paragraph (b) is made under section 28.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 3—Grants for non-government bodies

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Subdivision A—Requirements for relevant authorities etc.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 18
Minister not to authorise payment to a State for a non-government
body in certain circumstances

(1)

The Minister must not authorise a payment to a State under this Act for a non-government body unless the relevant authority of the non-government body has made with the Commonwealth an agreement that complies with section 19 for the program year for which the payment is to be made.

(2)

The agreement mentioned in subsection (1) may have been made before the commencement of this Act.

(3)

The Minister may refuse to authorise a payment to a State under this Act for a non-government school, or for a non-government school for a particular level of education, during any period when the State Minister does not recognise:

(a)

the school; or

(b)

the school for that level of education.

(4)

The Minister may refuse to authorise, or may delay, a payment to a State under this Act for a non-government body if the relevant authority of the non-government body is a body corporate:

(a)

that is being wound up; or

(b)

in respect of whose property a receiver has been appointed; or

(c)

whose affairs are under the control of a manager.

(5)

The Minister may refuse to authorise, or may delay, a payment to a State under this Act for a non-government body if:

(a)

the relevant authority of the non-government body is not a body corporate; and

(b)

the Minister considers that:

(i)

the liabilities of the relevant authority are substantially greater than its assets; or

(ii)

the relevant authority is (and is likely to continue for a substantial period to be) unable to pay its debts as and when they fall due for payment.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 19
Provisions that must be included in agreements

A section 18 agreement must include the following:

(a)

a commitment by the relevant authority to the National Goals for Schooling prepared by the Ministerial Council on Education, Employment, Training and Youth Affairs;

(b)

a commitment by the relevant authority to achieve the performance measures (including the performance targets) set out in the regulations as in force from time to time;

(c)

the matters required by sections 21, 22, 23, 24 and 25;

(d)

any provision required by paragraph 41(2)(d);

(e)

any provision required by paragraph 43(4)(b);

(f)

any provision required by paragraph 44(4)(e).

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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 20
Provisions that may be included in agreements

A section 18 agreement may also include any other provisions that the Minister thinks appropriate in relation to the relevant authority.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 21
General requirements

(1)

A section 18 agreement must require amounts received by the authority from the State as a result of the payment to the State for the non-government body to be spent for purposes determined by the Minister and set out in the agreement (which may include the purpose of paying administrative expenses incurred by the authority).

Note: The purposes that may be determined by the Minister and set out in the agreement are those in Parts 5 to 14.

(2)

The agreement must require the relevant authority to allow a person authorised in writing by the Minister for the purpose, with such help as the person requires:

(a)

to have full and free access, at all reasonable times after giving reasonable notice to the relevant authority, to accounts, records and documents of the relevant authority relating to information that the relevant authority is required under the agreement to give to the Minister; and

(b)

to take extracts from, or make copies of, any such accounts, records and documents.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 22
Specific requirement: financial accountability

(1)

A section 18 agreement must require the relevant authority:

(a)

to give the Secretary of the Department a certificate by a qualified accountant stating whether an amount equal to the sum of the amounts mentioned in subsection 21(1) has been spent (or committed to be spent) for the program year for the purposes mentioned in that subsection; and

(b)

to give the Secretary of the Department the certificate on or before 30 June next following the program year concerned or such other date as the Minister determines.

(2)

In this Act:

qualified accountant means a person who:

(a)

is registered, or is taken to be registered, as a company auditor under Part 9.2 of the Corporations Law; or

(b)

is a member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or any other body prescribed for the purposes of subparagraph 1280(2)(a)(i) of the Corporations Law; or

(c)

is approved by the Minister as a qualified accountant for the purposes of this Act.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 23
Specific requirement: educational accountability

A section 18 agreement must require the relevant authority to do each of the following not later than a date or dates determined by the Minister for the purposes of each paragraph:

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(a)

participate in preparing a national report on the outcomes of schooling;

(b)

provide to the Minister for inclusion in the report mentioned in paragraph (a) a report or reports, of a kind or kinds required by the Minister, addressing the requirements for performance information that are set out in the regulations as in force from time to time;

(c)

provide to the Minister a report or reports, of a kind or kinds required by the Minister, in relation to programs of financial assistance provided under this Act so far as they relate to the authority;

(d)

participate in evaluating the outcomes of those programs;

(e)

if the Minister considers that the relevant authority has not achieved the performance measures (including the performance targets) set out in the regulations as in force from time to time and the Minister has directed the relevant authority to take the action specified in the direction—provide to the Minister a report on the action taken in response to the direction.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 24
Specific requirement: provision dealing with failure to comply
within time limit

A section 18 agreement must contain a provision that, if the relevant authority does not comply with a requirement set out in the agreement within the period required by or under the agreement or within such further period as the Minister allows:

(a)

the relevant authority will, if the Minister so determines, pay to the Commonwealth an amount (not more than the sum of the amounts mentioned in subsection 21(1)) stated in the determination; and

(b)

if the relevant authority does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the State under this Act for the non-government body by an amount or amounts totalling not more than the amount stated in the determination under paragraph (a); and

(c)

the Minister may delay the making of any further payment to the State under this Act for the non-government body until the relevant authority complies with the requirement.

Note: A determination mentioned in paragraph (b) is made under section 30.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 25
Specific requirement: failure to comply with other
requirements

A section 18 agreement must contain a provision that, if the sum of the amounts mentioned in subsection 21(1) exceeds the total amount that was properly authorised to be paid to the State for the non-government body:

(a)

the relevant authority will, if the Minister so determines, pay to the Commonwealth an amount equal to the excess; and

(b)

if the authority does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the State under this Act for the non-government body by an amount or amounts not more than the excess.

Note: A determination mentioned in paragraph (b) is made under section 30.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Subdivision B—Conditions of grants to States for non-government bodies

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 26
General conditions of grant to State of financial
assistance

The grant to a State because of a provision of this Act of financial assistance for a non-government body for a program year is subject to the following conditions:

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(a)

a condition that the State will:

(i)

as soon as practicable, pay to the relevant authority of the non-government body each amount paid to the State for the body because of the provision; and

(ii)

when making such a payment, describe the amount paid to the relevant authority as a payment made out of money paid to the State by the Commonwealth because of the provision;

(b)

the condition in section 27.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 27
Specific condition: non-fulfilment of conditions

(1)

The grant is subject to the condition that, if the State does not fulfil the condition mentioned in paragraph 26(a) in relation to the grant at the time stated in that paragraph or within such further period as the Minister allows:

(a)

the State will, if the Minister so determines, repay to the Commonwealth the amount stated in the determination; and

(b)

the Minister may delay making any future payment to the State under this Act for government schools if the State fails to comply with the condition mentioned in paragraph 26(a) because it delays paying an amount to the relevant authority of the non-government body.

(2)

The amount stated in the determination under paragraph (1)(a) must not be more than the sum of the amounts of financial assistance paid to the State under the provision for the non-government body for the program year concerned.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 4—Miscellaneous

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 28
Powers of Minister if amounts of grants become repayable

(1)

This section applies if:

(a)

financial assistance:

(i)

is granted to a State under a provision of this Act; or

(ii)

was granted to a State under a provision of the former Act that corresponds to a provision of this Act; and

(b)

under a condition of the grant the Minister or the relevant Minister (as appropriate) has determined that the State is to repay an amount to the Commonwealth; and

(c)

an amount (the amount repayable) that is all or a part of the amount mentioned in paragraph (b) remains unpaid.

(2)

The Minister may make a determination reducing an amount that is authorised to be paid to the State under any provision of this Act in a program year by an amount not more than the amount repayable.

(3)

The Minister may make a determination under a provision of this Act increasing the maximum amount that may be paid to the States for any purpose under that provision in any program year by an amount or amounts totalling not more than the amount of any reduction under subsection (2).

(4)

It does not matter whether the reduction was made in relation to the same provision as the provision mentioned in subsection (3), or a different provision.

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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 29
Amount payable by a State to the Commonwealth is a debt

An amount payable by a State to the Commonwealth under this Act is a debt due by the State to the Commonwealth.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 30
Powers of Minister if amounts payable by relevant
authorities

(1)

This section applies if:

(a)

under a provision of an agreement made as mentioned in Division 3 (or a provision of the former Act that corresponds to that Division) between the Commonwealth and the relevant authority of a non-government body, the Minister or the relevant Minister (as appropriate) has determined that the authority is to pay an amount to the Commonwealth; and

(b)

an amount (the amount repayable) that is all or a part of the amount mentioned in paragraph (a) remains unpaid.

(2)

The Minister may make a determination reducing an amount that is authorised to be paid to a State for the non-government body under any provision of this Act in any program year by an amount not more than the amount repayable.

(3)

The Minister may make a determination under a provision of this Act increasing the maximum amount that may be paid to the States for any purpose under that provision in any program year by an amount or amounts totalling not more than the amount of any reduction under subsection (2).

(4)

It does not matter whether the reduction was made in relation to the same provision as the provision mentioned in subsection (3), or a different provision.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 31
Determinations requiring repayments

If the Minister is considering whether to make:

(a)

a determination under subsection 14(2) or paragraph 16(1)(a), 17(a) or 27(1)(a) that a State is to repay an amount to the Commonwealth; or

(b)

a determination under a provision of an agreement mentioned in paragraph 24(a) or 25(a) that the relevant authority of a non-government body is to pay an amount to the Commonwealth;

the Minister must take into account all relevant matters, including whether the State or relevant authority gave all relevant information to the Commonwealth before the grant of financial assistance was made.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Part 3—Lists of non-government schools and approved school systems

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 1—Funding of non-government schools

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 32
Funding of non-government schools

Financial assistance under this Act is not to be provided to a State for education at a particular level at a particular location at a non-government school unless the school is included in the list of non-government schools for the level and location.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 2—List of non-government schools

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 33
List of non-government schools

(1)

The Minister must keep a list of non-government schools for which financial assistance may be provided under this Act.

(2)

The list may be kept in any manner that the Minister determines, which may be wholly or partly by means of a computer or any other electronic or other device.

(3)

The list is to contain the following details for each school included in the list:

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(a)

the name of the school;

(b)

whether or not the school is included in an approved school system;

(c)

if the school is included in an approved school system—the name of the system and the name of each approved authority of the system for the purposes of each relevant provision of this Act;

(d)

if the school is not included in an approved school system—the name of each approved authority of the school for the purposes of each relevant provision of this Act;

(e)

the address of each location at which the school provides education for which financial assistance may be provided under this Act;

(f)

a description of:

(i)

each level of education that is provided at the school and for which financial assistance may be provided under this Act; and

(ii)

if more than one location is listed under paragraph (e) for the school—each level of education that is provided at each of those locations and for which financial assistance may be provided under this Act;

(g)

whether or not the school is approved in accordance with the law of the State in which the school is located to provide distance education for a level of education at a location;

(h)

if the school is not included in an approved Catholic school system—the funding level of the school;

(i)

if the school is not a special school or is not included in an approved Catholic school system—the school's SES score.

(4)

As soon as practicable after 1 July in each program year, the Minister must arrange for:

(a)

the name of each school in the list; and

(b)

the funding level of each school (except a school in an approved Catholic school system);

to be published in the Gazette.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 3—List of approved school systems

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 34
List of approved school systems

(1)

The Minister must keep a list of approved school systems.

(2)

The list may be kept in any manner that the Minister determines, which may be wholly or partly by means of a computer or any other electronic or other device.

(3)

The list is to contain:

(a)

the name of each approved school system; and

(b)

the funding level of each approved Catholic school system.

(4)

As soon as practicable after 1 July in each program year, the Minister must arrange for the following to be published in the Gazette:

(a)

the name of each approved school system included in the list;

(b)

the name of each systemic school in each approved school system included in the list;

(c)

the funding level of each approved Catholic school system included in the list.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Part 4—Varying lists
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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 1—Simplified outline of Part

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 35
Simplified outline

(1)

This section is a simplified outline of this Part.

(2)

The list of non-government schools and the list of approved school systems may be varied only for a reason specified in this Act. The reasons include the following:

(a)

to change funding levels;

(b)

to change approved authorities;

(c)

to change systemic status;

(d)

to include a new level of education;

(e)

to include a new location;

(f)

to include distance education;

(g)

to include a new school;

(h)

to correct clerical errors.

(3)

A variation is to be made by determination by the Minister.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 2—Varying lists of non-government schools and approved school systems

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 36
Varying list of non-government schools

(1)

Any variation of the list of non-government schools is to be made by determination by the Minister.

Note: For the circumstances in which a variation of the list of non-government schools may be made, see subsections (2), (3), (4) and (5) and sections 38, 42, 43, 44, 46, 49 and 110.

(2)

If a school in a State that is included in the list ceases to be recognised by the State for a particular level of education, the Minister may vary the list to remove the reference to that level of education for the school.

(3)

If a school in a State that is included in the list ceases to be approved in accordance with the law of the State to provide distance education for a particular level of education at a particular location, the Minister may vary the list to remove the reference to distance education for that level of education at that location.

(4)

If a school in a State that is included in the list:

(a)

ceases to be recognised by the State Minister; or

(b)

starts to be conducted for profit;

the Minister may vary the list to remove the name of the school from the list.

(5)

The Minister may vary the list:

(a)

under another provision of this Act; or

(b)

to correct clerical errors or to make alterations of a formal kind, including to remove from the list:

(i)

the name of a school that has ceased to exist; or

(ii)

the address of a location at which a school has ceased to provide education; or

(iii)

a reference to a level of education at a school that has ceased to provide education at that level.

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Note: Section 50 requires the Minister to give notice of the determination to the approved authority.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 37
Varying list of approved school systems

(1)

Any variation of the list of approved school systems is to be made by determination by the Minister.

Note: Section 50 requires the Minister to give notice of the determination to the approved authority.

(2)

The Minister may vary the list to correct clerical errors or to make alterations of a formal kind, including the removal from the list of the name of a school system that has ceased to exist.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 3—Change of funding level

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 38
Change of funding level of non-government school due to incorrect
SES score

(1)

The approved authority of a school that is included in the list of non-government schools with an SES funding level or a year 2000 funding level may apply to the Minister to vary the list to change that level if the approved authority considers that the school's SES score:

(a)

has not been determined correctly; or

(b)

is no longer accurate because of a significant change in the school's circumstances.

(2)

An application under this section must:

(a)

be in writing; and

(b)

set out the name and address of the school and of the approved authority of the school; and

(c)

if the school is a systemic school—set out the name of the approved school system; and

(d)

set out the reasons why the approved authority considers the funding level should be changed.

(3)

If the Minister is satisfied that the school's SES score has not been determined correctly or is no longer accurate because of a significant change in the school's circumstances, the Minister must:

(a)

if the school has an SES funding level—determine a different SES funding level of the school; and

(b)

if the school has a year 2000 funding level—determine an SES funding level of the school; and

(c)

make appropriate variations of the list of non-government schools.

(4)

The Minister must refuse the application if the Minister is not satisfied of either of the matters in subsection (3).

Note: Section 50 requires the Minister to give notice of the determination to the approved authority.

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(5)

A variation under this section must not take effect for a program year before the program year in which the application is made.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 4—Change of approved authority

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 39
Application of Division

(1)

This Division applies in relation to:

(a)

a proposal for a new body to be approved as the approved authority of a non-systemic school; or

(b)

a proposal for a new body to be approved as the approved authority of an approved school system.

(2)

However, this Division does not apply to a proposal that is consequential on a proposal to which Division 5 or 6 applies.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 40
How to obtain Ministerial approval of proposal

(1)

The approved authority (the existing authority) of a non-systemic school or of an approved school system may apply in writing to the Minister for approval of a proposal.

(2)

The application must:

(a)

set out details of the school or of the school system (as appropriate) and of the new body; and

(b)

state whether the new body agrees to fulfil obligations (if any) of the existing authority under this Act or the former Act in relation to the school or the school system that have not been fulfilled; and

(c)

request the Minister to approve the new body as the approved authority of the school or of the school system.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 41
Decision by the Minister

(1)

The Minister may:

(a)

approve the proposal; or

(b)

refuse the application.

(2)

The Minister must not approve the proposal unless:

(a)

the new body is recognised by the State Minister under the law of the State in which the non-systemic school or the schools in the approved school system are situated (if that law requires the new body to be recognised); and

(b)

the school, or the schools in the system, are not conducted for profit; and

(c)

if the application relates to a non-systemic school—the new body is a body corporate; and

(d)

the agreement made by the new body with the Commonwealth as mentioned in subsection 18(1) provides that the new body agrees to fulfil the obligations (if any) of the existing authority under this Act or the former Act that have not been fulfilled in respect of the school or of the schools in the system.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 42
Varying list of non-government schools

If the Minister approves the proposal, the Minister must:

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(a)

determine that the new body is the approved authority of the non-systemic school or of the approved school system (as appropriate); and

(b)

make the appropriate variations of the list of non-government schools.

Note: Section 50 requires the Minister to give notice of the determination to the approved authority.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Division 5—Change in systemic status

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 43
Proposal for a non-systemic school to become a member of an
approved school system

(1)

The approved authority of a non-systemic school may apply in writing to the Minister for approval of a proposal for the school to become a member of an approved school system.

(2)

The application must:

(a)

set out the name and address of the school and of the approved school system; and

(b)

be accompanied by evidence that the approved authority of the approved school system agrees to the school becoming a member of the system; and

(c)

state the earliest program year to which the proposal relates; and

(d)

state whether the approved authority of the approved school system agrees to fulfil the obligations (if any) of the approved authority of the school under this Act or the former Act that have not been fulfilled; and

(e)

request the Minister to approve the proposal.

(3)

The Minister may:

(a)

approve the proposal; or

(b)

refuse the application.

(4)

The Minister must not approve the proposal unless:

(a)

the agreement made by the approved authority of the school system with the Commonwealth as mentioned in subsection 18(1) (or the agreement as varied) applies to the school for the earliest program year to which the proposal relates, and all later program years; and

(b)

the agreement has been varied to provide that the approved authority of the approved school system has agreed to fulfil the obligations (if any) of the approved authority of the school under this Act or the former Act that have not been fulfilled.

(5)

If the Minister approves the proposal, the Minister must make the appropriate variations to the list of non-government schools.

Note: Section 50 requires the Minister to give notice of the determination to the approved authority.

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
- SECT 44
Proposal for a school to cease to be a member of an approved
school system

(1)

Either of the following may apply in writing to the Minister to approve a proposal for a school that is a member of an approved school system to cease to be a member of the system:

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(a)

the body (the responsible body) that is to be principally responsible for the school under the proposal; or

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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Schedule 8—Grants for targeted assistance

Note: See sections 76 to 100.

Part 1—Grants for targeted assistance

Grants for targeted assistance
Column 1 Program year	Column 2 Grants for strategic assistance ($'000)	Column 3 Grants for education in country areas ($'000)	Column 4 Grants to foster literacy and numeracy ($'000)	Column 5 Grants for special education at non-gov't centres ($'000)	Column 6 Grants to foster learning of languages other than English ($'000)	Column 7 Grants to foster the learning of Asian languages and studies of Asia ($'000)
2001	290,788	20,092	8,596	24,307	19,611	28,605
2002	290,788	20,092	7,452	24,307	19,611	27,565
2003	290,788	20,092	7,750	24,307	19,611	Nil
2004	291,954	20,092	18,433	24,307	19,611	Nil

Note:

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The operation of section 105 may affect the amount of the grants.

Part 2—Strategic assistance amounts

Strategic assistance amounts
Column 1 Program year	Column 2 Government schools ($)	Column 3 Non-government schools ($)
2001	110	561
2002	110	561
2003	110	561
2004	110	561

Note: The operation of section 105 may affect the amount of the grants.

Part 3—ESL new arrivals amount

ESL new arrivals amount
Column 1 Program year	Column 2 Amount ($)
2001	3,810
2002	3,810
2003	3,810
2004	3,810

Note: The operation of section 105 may affect the amount of the grants.

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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Notes to the States Grants (Primary and Secondary Education Assistance) Act 2000

Note 1

The States Grants (Primary and Secondary Education Assistance) Act 2000 as shown in this compilation comprises Act No. 148, 2000 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
States Grants (Primary and Secondary Education Assistance) Act 2000	148, 2000	19 Dec 2000	1 Jan 2001
States Grants (Primary and Secondary Education Assistance) Amendment Act 2001	110, 2001	17 Sept 2001	17 Sept 2001	—
States Grants (Primary and Secondary Education Assistance) Amendment Act 2002	14, 2002	4 Apr 2002	4 Apr 2002	Sch. 1 (items 5-7)
States Grants (Primary and Secondary Education Assistance) Amendment Act (No. 2) 2002	92, 2002	31 Oct 2002	31 Oct 2002	—
States Grants (Primary and Secondary Education Assistance) Amendment Act 2003	145, 2003	17 Dec 2003	17 Dec 2003	—
States Grants (Primary and Secondary Education Assistance) Legislation Amendment Act 2004	137, 2004	13 Dec 2004	Schedule 1: 13 Dec 2004	—

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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000
Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 6
Division 2
Subdivision A
Ss. 59-61	am. No. 137, 2004
Division 5
S. 75	rs. No. 14, 2002
S. 75A	ad. No. 14, 2002
Part 15
Division 2
S. 105	am. No. 14, 2002
Schedule 3
Schedule 3	am. No. 92, 2002
Note 1 to Schedule 3	rep. No. 92, 2002
Note 2 to Schedule 3 Renumbered Note	No. 92, 2002
Schedule 5
Schedule 5	am. No. 92, 2002; No. 145, 2003
Note 1 to Schedule 5	rep. No. 92, 2002
Note 2 to Schedule 5 Renumbered Note	No. 92, 2002
Schedule 7
Schedule 7	rep. No. 14, 2002
Schedule 8
Schedule 8	am. No. 110, 2001; No. 145, 2003; No. 137, 2004

Table A

Table A

Application, saving or transitional provisions

States Grants (Primary and Secondary Education Assistance) Amendment Act 2002 (No. 14, 2002)

Schedule 1

5 Definitions

In this Part:
commencement means the commencement of this Act.
new Act means the States Grants (Primary and Secondary Education Assistance) Act 2000 after it is amended by this Act.
old Act means the States Grants (Primary and Secondary Education Assistance) Act 2000 before it was amended by this Act.

6 2001 program year

(1) This item applies if, before commencement, the Minister determined an amount (the first amount) in relation to a school for the 2001 program year under section 75 of the old Act.
(2) After commencement, the Minister may determine an additional amount in relation to the school for the 2001 program year under section 75 of the new Act.
(3) However, the additional amount must not exceed the amount that remains after subtracting the first amount from the maximum amount under subsection 75(5) or (6) of the new Act in relation to the school for the 2001 program year.

7 2002 program year

(1) This item applies if, before commencement, the Minister determined an amount (the first amount) in relation to a school for the 2002 program year under section 75 of the old Act.
(2) After commencement, the Minister may determine an additional amount in relation to the school for the 2002 program year under section 75 of the new Act.
(3) However, the additional amount must not exceed the amount that remains after subtracting the first amount from the maximum amount under subsection 75(5) or (6) of the new Act in relation to the school for the 2002 program year.