States Grants (Schools) Act 1972 (Cth)
STATES GRANTS (SCHOOLS) ACT 1972 [Note: This Act is "repealed" by Act No. 76 of 1986]
(#DATE 31:05:1984)
(#DATE 31:05:1984)
- Reprinted as at 31 May 1984
(The citation "States Grants (Schools) Act 1972" is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976 .)
Table of Acts
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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
(Schools) Act 1972 108, 1972 31 Oct
1972 31 Oct 1972
States Grants
(Schools) Act 1973 214, 1973 19 Dec
1973 19 Dec 1973 -
States Grants
(Schools) Act 1974 110, 1974 3 Dec
1974 3 Dec 1974 -
States Grants
(Schools) Act 1976 35, 1976 7 May
1976 S. 68 (1) (b):
19 Dec 1973
Remainder: Royal
Assent -
States Grants
(Schools)
Amendment Act 1976 134, 1976 24 Nov
1976 24 Nov 1976 -
States Grants
(Schools
Assistance)
Amendment Act 1977 61, 1977 16 June
1977 16 June 1977 -
States Grants
(Schools
Assistance) Act
1977 157, 1977 10 Nov
1977 10 Nov 1977 -
States Grants
(Schools
Assistance)
Amendment Act 1978 33, 1978 9 June
1978 9 June 1978 -
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June
1978 12 June 1978 S. 8
Statute Law
Revision Act 1981 61, 1981 12 June
1981 S. 117: Royal
Assent(a) -
Companies
(Miscellaneous
Amendments) Act
1981 92, 1981 18 June
1981 Part XIV (s. 45):
1 July 1982
(see Gazette
1982, No. S124,
p. 1) (b) -
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(a) The States Grants (Schools) Act 1972 was amended by section 117 only of the Statute Law Revision Act 1981, sub-section 2 (1) of which provides that section 117 shall come into operation on Royal Assent.
(b) The States Grants (Schools) Act 1972 was amended by Part XIV (section 45) only of the Companies (Miscellaneous Amendments) Act 1981 , sub-section 2 (3) of which provides that Part XIV shall come into operation on the day on which the Companies Act 1981 comes into operation.
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
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Provision affected How affected
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S. 3 . . . . . . . . rep. No. 214, 1973
S. 4 . . . . . . . . am. No. 214, 1973; No. 134, 1976; No. 92, 1981
Ss. 5, 6 . . . . . . am. No. 134, 1976
S. 7 . . . . . . . . am. No. 214, 1973; No. 61, 1981
S. 8 . . . . . . . . am. No. 1973; No. 110, 1974; Nos. 35 and 134,
1976; No. 61, 1977
S. 9 . . . . . . . . am. No. 35, 1976; No. 134, 1976
S. 10 . . . . . . . . am. No. 134, 1976
Part III (ss. 11-15) rep. No. 134, 1976
S. 11 . . . . . . . . rep. No. 134, 1976
S. 12 . . . . . . . . am. No. 214, 1973
rep. No. 134, 1976
Ss. 13-15 . . . . . . rep. No. 134, 1976
S. 16 . . . . . . . . am. No. 36, 1978
S. 17 . . . . . . . . rs. No. 35, 1976
Ss. 17A, 17B . . . . ad. No. 35, 1976
S. 17C . . . . . . . ad. No. 35, 1976
am. No. 36, 1978
S. 17D . . . . . . . ad. No. 35, 1976
The Schedule . . . . rep. No. 110, 1974
Schedule . . . . . . ad. No. 110, 1974
rs. No. 134, 1976; Nos. 61 and 157, 1977; No. 33,
1978
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STATES GRANTS (SCHOOLS) ACT 1972 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
4. Interpretation
PART II-GRANTS FOR CAPITAL EXPENDITURE IN RESPECT OF
GOVERNMENT AND NON-GOVERNMENT SCHOOLS
5. Interpretation
6. Period to which Part II applies
7. Approval of building projects in connexion with non-government
schools
8. Grants to States for building projects in connexion with schools
9. Conditions of payments
10. Annual statement by Minister
PART IV-MISCELLANEOUS
16. Advances
17. Payments to be made out of Consolidated Revenue Fund or Loan Fund
17A. Authority to borrow
17B. Application of moneys borrowed
17C. Reimbursement of Consolidated Revenue Fund from Loan Fund
17D. Appropriation
18. Regulations
SCHEDULE
LIMITS OF GRANTS FOR CAPITAL EXPENDITURE
STATES GRANTS (SCHOOLS) ACT 1972 - LONG TITLE SECT
An Act to grant Financial Assistance to the States in relation to Schools
STATES GRANTS (SCHOOLS) ACT 1972 - PART I
PART I-PRELIMINARY
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 1
Short titleSECT
1. This Act may be cited as the States Grants (Schools) Act 1972. *1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 2
CommencementSECT
2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 4
InterpretationSECT
4. (1) In this Act, unless the contrary intention appears-
"building project" includes-
(a) the purchase of land, with or without buildings;
(b) the planning, erection, alteration or extension of a building or other facilities;
(c) the development or preparation of land for building or other purposes;
(d) the installation of water, electricity or other services; and
(e) the provision of furniture or equipment for a building or other facility;
"government school" means a school conducted by a State at which full time education is provided for pupils in primary or secondary classes;
"non-government school" means a school in a State, other than a government school, 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", in relation to a non-government school, means full time education provided for pupils at that school, being education of a kind similar to that provided for pupils in primary classes in government schools in the State concerned;
"qualified accountant", in relation to the furnishing of a statement referred to in sub-paragraph (ii) of paragraph (b) of sub-section (2) of section 9, or sub-paragraph (ii) of paragraph (b) of sub-section (1) of section 14, means-
(a) a person who is registered as a company auditor or public accountant under a law in force in 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 a non-government school, means expenditure, other than capital expenditure, incurred for purposes related to the provision of primary education or secondary education at the school;
"school" includes any institution similar to a school but does not include a school or similar institution at which education is provided only at a pre-school or kindergarten standard;
"school authority", in relation to a non-government school, means the person or body conducting the school;
"secondary education", in relation to a non-government school, means full time education provided for pupils at that school, being education of a kind similar to that provided for pupils in secondary classes in government schools in 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 Australian Statistician compiles statistics in relation to the numbers of pupils in schools in that State.
(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 (SCHOOLS) ACT 1972 - PART II
PART II-GRANTS FOR CAPITAL EXPENDITURE IN RESPECT OF GOVERNMENT AND
NON-GOVERNMENT SCHOOLS
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 5
InterpretationSECT
5. In this Part, "year" means a period of twelve months commencing on 1 July.
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 6
Period to which Part II appliesSECT
6. This Part applies to the period commencing on 1 July 1973, and ending on 30 June 1978.
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 7
Approval of building projects in connexion with non-government schoolsSECT
7. (1) The Minister may, subject to the next succeeding sub-section, approve building projects in connexion with non-government schools for the purposes of this Part and may revoke or vary any such approval. (2) A building project shall not be approved under this section if the purpose of the project is to-
(a) provide residential accommodation for staff or students; or
(b) provide facilities for use primarily or principally for or in connexion with religious worship.
(3) The Minister may, either generally or otherwise as provided by the instrument of delegation, by writing under his hand, delegate to the Commonwealth Schools Commission his power to approve building projects under this section.
(4) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.
(5) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Minister.
(6) In this section, "Commonwealth Schools Commission" means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973.
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 8
Grants to States for building projects in connexion with schoolsSECT
8. (1) The Minister may authorize the payment to a State, under this Part, during the period to which this Part applies, or, subject to the next succeeding sub-section, after that period, by way of financial assistance to the State, of such amounts in respect of building projects in connexion with government schools in the State, and such amounts in respect of approved building projects in connexion with non-government schools in the State, as, subject to this section, he determines. (2) The Minister shall not authorize the payment of an amount to a State under this section after the period to which this Part applies unless he is satisfied that the amount will be applied for the purpose of meeting commitments undertaken during that period.
(3) The Minister shall not authorize payments to a State under this Part that exceed, in the aggregate-
(a) in the case of payments in respect of building projects in connexion with government schools in the State-the amount set out in column 2 of the Schedule opposite to the name of the State; and
(b) in the case of payments in respect of building projects in connexion with non-government schools in the State-the amount set out in column 3 of that Schedule opposite to the name of the State.
(4) The Minister shall not, before 1 July 1977, authorize payments to the States under this Part, in respect of building projects in connexion with government schools, that, together with such payments authorized before the commencement of the States Grants (Schools) Amendment Act 1976, exceed, in the aggregate, $145,348,000.(5) The Minister shall not, before 1 July 1977, authorize payments to the States under this Part, in respect of building projects in connexion with non-government schools, that, together with such payments authorized before the commencement of the States Grants (Schools) Amendment Act 1976, exceed, in the aggregate, $41,819,500.
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 9
Conditions of paymentsSECT
9. (1) The financial assistance to a State constituted by a payment of moneys under this Part to the State in connexion with government schools, or by a payment of an advance of moneys under section 16 on account of such a payment of moneys under this Part, is granted on the conditions that-
(a) the moneys will be applied by the State, as approved by the Minister, for the purpose of the carrying out of building projects in connexion with government schools in the State; and
(b) if the State does not fulfil the condition to be observed by the State in relation to the payment under the last preceding paragraph, the State will repay to the Commonwealth an amount equal to the payment.
(2) The financial assistance to a State constituted by a payment of moneys under this Part to the State in respect of an approved building project in connexion with a non-government school, or by a payment of an advance of moneys under section 16 on account of such a payment of moneys under this Part, 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 the moneys so paid to the State and will describe the amount as a payment in respect of that building project 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 an amount equal to the amount of the payment is applied, within a period of 6 months after the date of payment or within such further period as the Minister allows, as approved by the Minister, for the purpose of the carrying out of that building project;
(ii) the school authority will cause to be furnished to the Minister, within a period of 3 months after the date of completion of that building project or within such further period as the Minister allows, 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 specifying the amount, or, if there is more than one amount, the total of the amounts, paid to the school authority in respect of that building project in that year; and
(iii) such other conditions (if any) as are specified in the approval of that building project under sub-section (1) of section 7.
(c) if the State does not fulfil the conditions to be observed by the State in relation to the payment under the preceding paragraphs, or the school authority does not agree to be bound by the conditions referred to in sub-paragraphs (i) and (ii) 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 sub-section as are repaid to the State by, or recovered by the State from, the school authority.
(3) An amount repayable by a State to the Commonwealth in accordance with the condition contained in paragraph (b) of sub-section (1), or paragraph (c) or (d) of sub-section (2), is a debt due by the State to the Commonwealth.
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 10
Annual statement by MinisterSECT
10. (1) The Minister shall cause a statement to be laid before each House of the Parliament as soon as practicable after each 30 June during the period to which this Part applies describing the arrangements in accordance with which payments under this Part have been authorized in the year that ended on that day and specifying in respect of each State-
(a) in relation to non-government schools in the State-
(i) the total of the amounts paid to the State under this Part in that year; and
(ii) the names of the schools in respect of which approvals for the application of moneys included in that total have been given, the building projects in respect of which the moneys were to be applied and, in respect of each such school, the amount approved for expenditure in respect of building projects other than the provision of furniture and equipment and the amount approved for expenditure in respect of the provision of furniture and equipment; and
(b) in relation to government schools in the State-
(i) the total of the amounts paid to the State under this Part in that year; and
(ii) the names of the schools in respect of which the State has, during that year, applied amounts paid to the State under this Part, the building projects in respect of which the amounts were applied, the amount applied by the State in respect of building projects (other than the provision of furniture and equipment) in respect of each such school and the total of the amounts applied by the State in respect of the provision of furniture and equipment.
(2) For the purposes of the last preceding sub-section, any payment made to a State under this Part after the period to which this Part applies shall be deemed to have been made during the year that ended on 30 June 1978.
STATES GRANTS (SCHOOLS) ACT 1972 - PART IV
PART IV-MISCELLANEOUS
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 16
AdvancesSECT
16. 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 on account of the respective amounts that are expected to become payable to the State under this Act.
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 17
Payments to be made out of Consolidated Revenue Fund or Loan FundSECT
17. Payments to a State under this Act may be made out of-
(a) in the case of payments under section 8, and advances under section 16 on account of payments under section 8-the Consolidated Revenue Fund or the Loan Fund; or
(b) in any other case-the Consolidated Revenue Fund.
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 17A
Authority to borrowSECT
17A. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911-1973, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts that have been paid since 30 June 1975, or that may become payable, to the States under section 8.
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 17B
Application of moneys borrowedSECT
17B. Moneys borrowed under section 17A shall be issued and applied only for the expenses of borrowing and-
(a) for the purpose of making payments to the States under section 8;
(b) for the purpose of making advances under section 16 on account of payments under section 8; and
(c) for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 17C.
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 17C
Reimbursement of Consolidated Revenue Fund from Loan FundSECT
17C. (1) Where a payment under section 8, or an advance under section 16 on account of a payment under section 8, has, after 30 June 1975, been made out of the Consolidated Revenue Fund, the Minister for Finance may authorize the payment to the Consolidated Revenue Fund, out of the Loan Fund, of an amount not exceeding the amount so paid. (2) In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Minister for Finance under section 49 or 50 of the Audit Act 1901-1975, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 17D
AppropriationSECT
17D. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.
STATES GRANTS (SCHOOLS) ACT 1972 - SECT 18
RegulationsSECT
18. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
STATES GRANTS (SCHOOLS) ACT 1972 - SCHEDULE SCH
SCHEDULE
Section 8
LIMITS OF GRANTS FOR CAPITAL EXPENDITURE
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Column 1 Column 2 Column 3 Column 4
Maximum Maximum
grants for grants for
capital capital
expenditure expenditure
for for Total
government non-government Maximum
Name of State schools schools Grants
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$ $ $
New South Wales . . . . . . . . . . . . 68,704,500 20,325,500 89,030,000
Victoria . . . . . . . . . . . . . . . 52,964,500 17,794,000 70,758,500
Queensland . . . . . . . . . . . . . . 26,771,500 8,268,000 35,039,500
South Australia . . . . . . . . . . . . 20,682,000 3,445,000 24,127,000
Western Australia . . . . . . . . . . . 15,739,500 4,015,500 19,755,000
Tasmania . . . . . . . . . . . . . . . 7,007,000 1,260,000 8,267,000
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Totals . . . . . . . . . . . . . . . 191,869,000 55,108,000 246,977,000
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0
0
0