| C2004C07002 | STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977
- Reprinted as at 31 July 1983 (#DATE 31:07:1983)
*1* The States Grants (Schools Assistance) Act 1977 as shown in this reprint comprises Act No. 157, 1977 amended as indicated in the Tables below. Table of Acts ----------------------------------------------------------------------------- Application, saving Number Date Date of or transitional Act and year of Assent commencement provisions ----------------------------------------------------------------------------- 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 States Grants (Schools Assistance) Act 1978 187, 1978 4 Dec 1978 4 Dec 1978 - States Grants (Schools Assistance) Amendment Act 1979 40, 1979 11 June 1979 11 June 1979 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) - ----------------------------------------------------------------------------- (a) The States Grants (Schools Assistance) Act 1977 was amended by section 117 only of the Statute Law Revision Act 1981, section 2 of which provides that section 117 shall come into operation on Royal Assent. (b) The States Grants (Schools Assistance) Act 1977 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 = repealed rs. = repealed and substituted ----------------------------------------------------------------------------- Provision affected How affected ----------------------------------------------------------------------------- S. 3 . . . . . . . . am. Nos. 61 and 92, 1981 S. 33 . . . . . . . . am. Nos. 33 and 187, 1978; No. 40, 1979 S. 35 . . . . . . . . am. Nos. 33 and 187, 1978; No. 40, 1979 S. 38 . . . . . . . . am. Nos. 33 and 187, 1978; No. 40, 1979 S. 40 . . . . . . . . am. No. 36, 1978 S. 42 . . . . . . . . am. No. 36, 1978 S. 46 . . . . . . . . am. No. 36, 1978 S. 48 . . . . . . . . am. No. 61, 1981 Schedules 1-8 . . . . rs. Nos. 33 and 187, 1978; No. 40, 1979 Schedules 9, 10 . . . rep. No. 33, 1978 ----------------------------------------------------------------------------- STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
4. Schools and areas with respect to which special provision made,
&c.
PART II-GOVERNMENT SCHOOLS PROGRAMS
5. Grants for building and equipment projects in connexion with
government schools
6. Grants for recurrent expenditure in connexion with government
schools
7. Limits on grants under sections 5 and 6, &c.
8. Grants for expenditure in connexion with government
disadvantaged
schools
9. Limits on grants under section 8
10. Grants for recurrent expenditure in connexion with government
special schools
11. Limits on grants under section 10, &c.
12. Additional condition to which grant of financial assistance
under
Part subject
PART III-NON-GOVERNMENT SCHOOLS PROGRAMS
13. Approval of building and equipment projects in connexion with
non-government schools
14. Grants for building and equipment projects in connexion with
non-government schools
15. Limits on grants under section 14, &c.
16. Grants for recurrent expenditure of systemic schools
17. Grants for recurrent expenditure of non-systemic schools
18. Limits on grants for migrant education provided at
non-government
schools
19. Limit on additional grants for non-systemic schools in need of
short-term emergency assistance
20. Grants for expenditure of systemic disadvantaged schools
21. Grants for expenditure of non-systemic disadvantaged schools
22. Limits on grants under sections 20 and 21
23. Grants for recurrent expenditure of non-government special
schools
24. Limits on grants under section 23
25. Additional conditions to which grant of financial assistance
under Part subject
PART IV-JOINT GOVERNMENT AND NON-GOVERNMENT SCHOOLS
PROGRAMS
26. Grants for expenditure in relation to the education of
students receiving primary education or secondary education in
disadvantaged country areas
27. Limits on grants under section 26
28. Grants for recurrent expenditure in relation to the education of
children in residential institutions
29. Limits on grants under section 28
30. Grants for recurrent expenditure in relation to approved service
and development activities
31. Limits on grants under section 30
32. Grants for recurrent expenditure in relation to the temporary
transfer of teachers, &c.
33. Limit on grants under section 32
34. Grants for expenditure of approved education centres
35. Limit on grants under section 34
36. Approval of special projects
37. Grants in relation to approved special projects
38. Limit on grants under section 37
39. Additional condition to which grant of financial assistance
under
Partsubject
PART V-MISCELLANEOUS
40. Minister may fix amounts, and times of payments, of financial
assistance
41. Repayment of amounts by a State to the Commonwealth
42. Advances
43. Payments to be made out of Consolidated Revenue Fund or Loan
Fund
44. Authority to borrow
45. Application of moneys borrowed
46. Reimbursement of Consolidated Revenue Fund from Loan Fund
47. Appropriation
48. Delegation by Minister
49. Determinations, &c., to be in writing, &c.
50. Report by Minister
51. Regulations
PART VI-AMENDMENT OF STATES GRANTS (SCHOOLS) ACT 1972
52. Schedule
PART VII-AMENDMENTS OF STATES GRANTS (SCHOOLS
ASSISTANCE) ACT 1976
53. Principal Act
54. Limit on grants under sub-section 36 (1)
55. Limit on grants under sub-section 38 (1)
56. Limit on grants under sub-section 41 (1)
57. Schedules
58. Directions under Principal Act
SCHEDULE 1
Government Schools-Building and Equipment Projects and Recurrent
Expenditure
SCHEDULE 2
Recurrent Expenditure-Migrant Education
SCHEDULE 3
Disadvantaged Schools and Disadvantaged Country Areas
SCHEDULE 4
Special Schools
SCHEDULE 5
Non-Government Schools-Building and Equipment Projects
SCHEDULE 6
Recurrent Expenditure-Levels of Assistance for Non-Government Schools
SCHEDULE 7
Residential Institutions
SCHEDULE 8
Service and Development Activities
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - LONG TITLE
SECT
An Act relating to the grant of financial assistance to the States for and in
relation to schools
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - PART I
PART I-PRELIMINARY
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 1
Short title
SECT
1. This Act may be cited as the States Grants (Schools Assistance) Act
1977.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 2
Commencement
SECT
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 ASSISTANCE) ACT 1977 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears-
"approved authority", in relation to an approved school system or in
relation
to a non-government school, means such person or body as the Minister
declares to be the approved authority of that school system or of that
school, as the case may be, for the purposes of this Act;
"approved education centre" means an education centre approved by
the
Minister under sub-section 4 (6);
"approved school system" means a school system in a State, or in a
part
of a State, that consists of non-government schools and that the
Minister
declares to be an approved school system for the purposes of this Act;
"approved service and development activities" means-
(a) in-service teacher training;
(b) inquiries into the feasibility of providing support services for
government schools and non-government schools in a State, or the planning
of
such support services; or
(c) activities the purpose of which is to improve communication and
understanding between teachers at government schools and teachers at
non-government schools in a State, other persons employed at, or
associated
with the administration of, those schools, and pupils, and parents of
pupils,
at, and other members of the community interested in education at, those
schools;
"building" includes part of a building;
"building project" includes-
(a) the investigation of the need for-
(i) schools, or schools of particular kinds, in a State or a
part
of a State; or
(ii) a building or other facilities;
(b) the purchase of land, with or without buildings;
(c) the planning, erection, alteration or extension of a building or
other facilities;
(d) the development or preparation of land for building or other
purposes; and
(e) the installation of water, electricity or other services;
"certificate by an authorized person", in relation to a condition
contained
in a section of this Act that requires a certificate to be furnished by
a
State to the Commonwealth Education Minister, means a certificate
signed
by the person authorized by the State Education Minister for the State
to
sign that certificate;
"certificate by a qualified accountant" means a certificate signed
by-
(a) a person who is registered as a company auditor or a 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 qualified accountant for
the
purposes of this Act;
"child" includes young person;
"commencing day" means the day on which this Act receives the Royal
Assent;
"Commonwealth Education Minister" means the Minister;
"Commonwealth Schools Commission" means the Commonwealth Schools
Commission established by the Commonwealth Schools Commission Act
1973;
"disadvantaged country area" means an area that the Minister
declares,
under sub-section 4 (4), to be a disadvantaged country area for the
purposes of this Act;
"disadvantaged school" means-
(a) a government school in a State that the State Education
Minister for the State notifies the Commonwealth Education Minister, under
sub-section 4 (1), is a school that should, in the opinion of the State
Education Minister, be treated as a disadvantaged school for the purposes
of
this Act; or
(b) a non-government school in a State that the Minister declares,
under sub-section 4 (2), to be a disadvantaged school for the purposes of
this Act;
"education centre" means a body corporate, or a body of persons that the
Minister is satisfied will become a body corporate during the year to
which this Act applies-
(a) the members, or a majority of the members, of the governing
body of which are persons employed as teachers at government schools or
non-government schools;
(b) the sole or principal object of which is to improve the
professional competence of teachers by methods that include the provision
of
in-service teacher training; and
(c) which is not conducted for the profit, direct or indirect, of an
individual or individuals;
"equipment project" means a project for or in relation to the provision
of
equipment , library material or furniture;
"government disadvantaged school" means a government primary school,
or
a government secondary school, that is a disadvantaged school;
"government primary school" means-
(a) a government school at which primary education is provided or
a
proposed government school at which primary education is to be provided;
or
(b) in the case of a government school at which primary education,
and
also education other than primary education, are provided-that school in
so
far as it provides primary education;
"government school" means a school in a State that is conducted, or
proposed to be conducted, by or on behalf of the Government of the
State;
"government secondary school" means-
(a) a government school at which secondary education is provided
or
a proposed government school at which secondary education is to be
provided;
or
(b) in the case of a government school at which secondary education,
and also education other than secondary education, are provided-that
school
in so far as it provides secondary education;
"government special school" means a government school that is a special
school;
"in-service teacher training" means teacher training of persons in
employment as teachers at government schools or non-government
schools;
"library material" includes books, periodicals, newspapers, films,
sound recordings, musical scores, maps, plans, pictures, photographs
and
prints;
"migrant education" means the provision of special educational
programs
and facilities, and the adaptation of educational programs and
facilities, for the purpose of meeting the special educational needs
of
migrant children and the children of migrants or for the purpose of
meeting the special educational needs of those children and also
providing education for those children and other children that takes
account of the various cultures of peoples in countries from which
persons have migrated to Australia;
"non-government disadvantaged school" means a school that is a
systemic
disadvantaged school or a non-systemic disadvantaged school;
"non-government primary school" means-
(a) a non-government school in a State at which primary
education
is provided or a proposed non-government school in a State at which
primary
education is to be provided; or
(b) in the case of a non-government school at which primary
education,
and also education other than primary education, are provided-that school
in
so far as it provides primary education;
"non-government school" means a school in a State that is not conducted,
or
proposed to be conducted, by or on behalf of the Government of the
State,
but does not include a school conducted, or proposed to be conducted,
for
the profit, direct or indirect, of an individual or individuals;
"non-government secondary school" means-
(a) a non-government school in a State at which secondary education
is
provided or a proposed non-government school in a State at which secondary
education is to be provided; or
(b) in the case of a non-government school at which secondary
education, and also education other than secondary education, are
provided-that school in so far as it provides secondary education;
"non-government special school" means a non-government school that is a
special school;
"non-systemic disadvantaged school" means a non-systemic school that
is
a disadvantaged school;
"non-systemic school" means a non-government primary school, or a
non-government secondary school, that is not a systemic school;
"previous schools assistance Act" means the States Grants (Schools
Assistance) Act 1976 or any other Act that came into operation before
the
commencing day and provided, or provides, for the granting of
financial
assistance to the States in relation to schools;
"primary education", in relation to a non-government school in a
State,
means education of a kind similar to that provided for students at
government primary schools in the State;
"recurrent expenditure" means expenditure other than capital
expenditure;
"residential institution" means an institution or home in a State
that
(whether or not it is an institution or home at which primary or
secondary education is also provided) provides residential care for
children and is conducted for welfare, correctional or similar
purposes,
being an institution or home that the Commonwealth Education Minister,
having regard to any advice furnished to him by the State Education
Minister for the State in relation to the institution or home,
declares
to be a residential institution for the purposes of this Act;
"school" includes a proposed school, or an institution or proposed
institution similar to a school, but does not include-
(a) a school or institution at which education is provided at
pre-school or kindergarten standard only or a proposed school or
institution
at which it is proposed that education be provided at pre-school or
kindergarten standard only; or
(b) where the State Education Minister for a State notifies the
Commonwealth Education Minister that a specified school or institution in
the
State is not recognized by the State Education Minister as a school and
the
Commonwealth Education Minister does not approve the school or institution
as
a school for the purposes of this Act-that school or institution;
"school in need of short-term emergency assistance" means a school that
the
Minister declares, under sub-section 4 (5), to be, for the purposes of
this Act, a school in need of short-term emergency assistance;
"schools census date", in relation to a State, means the date in the
year to which this Act applies as at which the Australian Statistician
compiles statistics in relation to the numbers of students in schools
in
the State;
"secondary education", in relation to a non-government school in a
State, means education of a kind similar to that provided for students
at
government secondary schools in the State;
"special school" means a school, or proposed school, in a State
(whether or not it is a school or institution at which primary
education
or secondary education is provided or proposed to be provided)-
(a) at which special education is provided, or proposed to be
provided, for handicapped children; and
(b) that the State Education Minister for the State notifies the
Commonwealth Education Minister should, in the opinion of the State
Education
Minister, be treated as a special school for the purposes of this Act,
or, in the case of such a school at which special education for
handicapped children, and also education other than special education
for
handicapped children, are provided, that school in so far as it
provides
special education for handicapped children;
"State Education Minister", in relation to a State, means the
Minister
of State for the State who is responsible, or principally responsible,
for the administration of matters relating to primary education and
secondary education in the State;
"student" means a full-time student;
"systemic disadvantaged school" means a systemic school that is a
disadvantaged school;
"systemic school" means a non-government primary school, or a
non-government secondary school, that is included in an approved
school
system and that the Minister declares to be a systemic school for the
purposes of this Act;
"year to which this Act applies" means the year commencing on 1
January
1978.
(2) A reference in this Act to primary education or secondary education
shall, in relation to students who, by reason of their being handicapped
children, require special educational treatment, be read as including a
reference to education that the Minister declares to be education of a kind
that should be treated as primary education or secondary education, as the
case may be, for the purposes of this Act.
(3) A reference in this Act to a building project shall, except where the
context otherwise requires, be read as including a project that is in part a
building project and in part an equipment project.
(4) Unless the contrary intention appears-
(a) references in this Act to government primary schools and to government
secondary schools shall not be taken, by reason of the express
references
in this Act to government disadvantaged schools, government special
schools and residential institutions, as not including references to
disadvantaged schools, special schools and residential institutions
that
are government primary schools or government secondary schools;
(b) references in this Act to non-government primary schools and to
non-government secondary schools shall not be taken, by reason of the
express references in this Act to non-government disadvantaged
schools,
non-government special schools and residential institutions, as not
including references to disadvantaged schools, special schools and
residential institutions that are non-government primary schools or
non-government secondary schools;
(c) references in this Act to systemic schools shall not be taken,
by
reason of the express references in this Act to systemic disadvantaged
schools, non-government special schools and residential institutions,
as
not including references to disadvantaged schools, special schools and
residential institutions that are systemic schools; and
(d) references in this Act to non-systemic schools shall not be
taken,
by reason of the express references in this Act to non-systemic
disadvantaged schools, non-government special schools and residential
institutions, as not including references to disadvantaged schools,
special schools and residential institutions that are non-systemic
schools.
(5) For the purposes of this Act, where, immediately before the commencing
day, a declaration was in force for the purposes of the definition of
"approved authority", "approved school system", "residential institution" or
"systemic school" in sub-section 3 (1) of the States Grants (Schools
Assistance) Act 1976, the declaration shall, upon the commencement of this
Act, be deemed to be a declaration made under this Act for the purposes of the
definition of "approved authority", "approved school system", "residential
institution" or "systemic school", as the case requires, in sub-section (1) of
this section.
(6) Where, immediately before the commencing day, a school in a State was a
special school within the meaning of the States Grants (Schools Assistance)
Act 1976, the State Education Minister for the State shall, upon the
commencement of this Act, be deemed to have notified the Commonwealth
Education Minister, in writing, for the purposes of the definition of "special
school" in sub-section (1) of this section, that the school should, in the
opinion of the State Education Minister, be treated as a special school for
the purposes of this Act.
(7) For the purposes of this Act-
(a) where moneys have been applied for a purpose, being the purpose of
meeting expenditure of a particular kind, the moneys shall not be
treated
as having been applied for that purpose in pursuance of a condition
specified in a section of this Act that requires a State to ensure
that
an amount is applied for that purpose-
(i) if the moneys have been treated by the State, or will be
treated by the State, as having been applied for that purpose in pursuance
of
a condition specified in another section of this Act that also requires
the
State to ensure that an amount is applied for that purpose; or
(ii) if the moneys were applied for that purpose in pursuance of a
condition subject to which financial assistance was granted to the State
under a previous schools assistance Act; and
(b) where moneys have been applied for a purpose, being the purpose of
meeting expenditure of a particular kind, the moneys shall not be
treated
as having been applied for that purpose in pursuance of a condition of
a
relevant agreement between a State and an approved authority-
(i) if the moneys have been treated by the approved authority,
or
will be treated by the approved authority, as having been applied for that
purpose in pursuance of another condition of that agreement, or of a
condition of another relevant agreement between the State and the approved
authority, that also requires the approved authority to ensure that an
amount
is applied for that purpose; or
(ii) if the moneys were applied for that purpose in pursuance of a
condition of an agreement between the State and the approved authority,
being
an agreement made for the purposes of a condition subject to which
financial
assistance was granted to the State under a previous schools assistance
Act.
(8) In sub-section (7)-
(a) a reference to a relevant agreement between a State and an approved
authority shall be read as an agreement made between a State and an
approved authority for the purposes of the condition specified in
paragraph 14 (2) (b), 16 (8) (b), 17 (8) (b), 20 (2) (b), 21 (2) (b),
23
(2) (b) or 34 (2) (b); and
(b) a reference to an approved authority shall be read as a
reference
to an approved authority of a non-government school, an approved
authority of an approved school system or a governing body of an
approved
education centre.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 4
Schools and areas with respect to which special provision made, &c.
SECT
4. (1) Where-
(a) the students, or a substantial number of the students, at a government
school in a State are members of a community that is, for social,
economic, ethnic, geographic, cultural or lingual reasons, or for
similar
reasons, of such a kind that the capacity of the students to take
advantage of educational opportunities ordinarily available at schools
in
the State is below average; and
(b) the State Education Minister for the State is of the opinion
that-
(i) the school should, for any of the reasons referred to in
paragraph (a), be treated as a disadvantaged school for the purposes of
this
Act; and
(ii) the total number of students at that school, and at other
schools
in the State that are or may become government disadvantaged schools, is
not,
and will not be, at any time during the year to which this Act applies,
greater than the number of students that the Commonwealth Education
Minister,
under sub-section (3), has informed the State Education Minister is the
approved maximum number of students in relation to government
disadvantaged
schools in that State in respect of that year,
the State Education Minister may notify the Commonwealth Education
Minister
that the school should, in the opinion of the State Education Minister, be
treated as a disadvantaged school for the purposes of this Act.
(2) Where-
(a) the students, or a substantial number of the students, at a
non-government school in a State are members of a community that is,
for
social, economic, ethnic, geographic, cultural or lingual reasons, or
for
similar reasons, of such a kind that the capacity of the students to
take
advantage of educational opportunities ordinarily available at schools
in
the State is below average; and
(b) the Commonwealth Education Minister is of the opinion that the
school should, for any of the reasons referred to in paragraph (a), be
treated as a disadvantaged school for the purposes of this Act,
the Commonwealth Education Minister may declare the school to be a
disadvantaged school for the purposes of this Act.
(3) As soon as practicable after the commencement of this Act, the
Commonwealth Education Minister shall determine, in relation to each State,
the number of students that is, for the purposes of sub-section (1), the
approved maximum number of students in relation to government disadvantaged
schools in the State in respect of the year to which this Act applies, and
shall notify the State Education Minister of that number.
(4) Where-
(a) the students, or a substantial number of the students, receiving
primary
education or secondary education in a country area of a State are
members
of a community that is, for geographic, social, economic or cultural
reasons, or for similar reasons, of such a kind that the capacity of
the
students to take advantage of educational opportunities ordinarily
available at schools in the State is below average;
(b) the State Education Minister for the State notifies the
Commonwealth Education Minister of that fact; and
(c) the Commonwealth Education Minister is of the opinion that the
area should, for any of the reasons referred to in paragraph (a), be
treated as a disadvantaged country area for the purposes of this Act,
the Commonwealth Education Minister may declare the area to be a
disadvantaged country area for the purposes of this Act.
(5) Where the Minister is of the opinion that-
(a) there is ordinarily included amongst the students at a non-systemic
school in a State a substantial number of students from the country;
and
(b) the school is, by reason of a decline in enrolment at the
school
of students of that kind or for any other reason related (in whole or
in
part) to the enrolment at the school of students of that kind, in
special
need of short-term emergency assistance,
the Minister may declare the school to be, for the purposes of this
Act,
a school in need of short-term emergency assistance.
(6) Where the Minister is satisfied that-
(a) the membership of an education centre is not restricted to teachers or
teachers of a particular kind and the centre provides opportunities
for
parents of students at schools, and other persons interested in
education, to take part in, and to assist in, activities of the
centre;
or
(b) an education centre was an approved education centre for the
purposes of Part VI of the States Grants (Schools) Act 1976,
the Minister may approve the education centre for the purposes of this
Act.
(7) Where, immediately before the commencing day, a government school in a
State was a disadvantaged school within the meaning of the States Grants
(Schools Assistance) Act 1976, the State Education Minister for the State
shall, upon the commencement of this Act, be deemed to have notified the
Commonwealth Education Minister, in writing, under sub-section (1) of this
section, that the school should, in the opinion of the State Education
Minister, be treated as a disadvantaged school for the purposes of this Act.
(8) For the purposes of this Act, where, immediately before the commencing
day, a declaration was in force for the purposes of sub-section 4 (2) or (4)
of the States Grants (Schools Assistance) Act 1976, the declaration shall,
upon the commencement of this Act, be deemed to be a declaration made under
sub-section (2) or (4) of this section, as the case requires.
(9) For the purposes of this Act, where, immediately before the commencing
day, an approval was in force for the purposes of section 34 of the
States Grants (Schools Assistance) Act 1976, the approval shall, upon the
commencement of this Act, be deemed to be an approval given under sub-section
(6) of this section.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - PART II
PART II-GOVERNMENT SCHOOLS PROGRAMS
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 5
Grants for building and equipment projects in connexion with government
schools
SECT
5. (1) Subject to section 7, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of expenditure in relation to building projects and equipment projects
in connexion with government primary schools and government secondary schools
in the State, of such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section on the
conditions that-
(a) the State will ensure that an amount equal to the sum of the amounts
of
financial assistance paid to the State under this section is applied
by
the State for the purpose of meeting expenditure, in respect of
commitments already undertaken or to be undertaken not later than 31
December 1978, in relation to building projects and equipment projects
in
connexion with government primary schools and government secondary
schools in the State, other than projects the sole or principal
object,
or one of the principal objects, of which is to provide housing or
other
residential accommodation in any capital city for teachers or other
staff; and
(b) the State will cause to be furnished to the Minister (not later
than
30 June 1979 or such later date as the Minister approves)-
(i) a certificate by an authorized person to the effect that
the
person has satisfied himself that the condition specified in paragraph (a)
has been fulfilled; and
(ii) a statement, in writing, that specifies-
(A) the projects (not including a project the total expenditure in
relation to which was less than $25,000) in relation to which the
amount applied by the State in pursuance of the condition specified
in
paragraph (a) has been applied, the amount so applied in relation to
each of those projects and the total of those amounts; and
(B) the amount applied by the State in pursuance of the
condition specified in paragraph (a) in relation to projects the
total
expenditure in relation to each of which was less than $25,000.
(3) Subject to sub-section 3 (7), a State may, for the purposes of this
section, treat amounts that have been applied by the State, after 30 September
1977 and before the commencement of this Act, for the purpose of meeting
expenditure in relation to a building or equipment project in connexion with a
government primary or a government secondary school in the State as having
been so applied by the State after the commencement of this Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 6
Grants for recurrent expenditure in connexion with government schools
SECT
6. (1) Subject to section 7, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of recurrent expenditure in connexion with government primary schools
and government secondary schools in the State, of such amounts as the Minister
determines.
(2) Financial assistance is granted to a State under this section on the
conditions that-
(a) the State will ensure that an amount equal to the sum of the amounts
of
financial assistance paid to the State under this section is applied
by
the State, according to the respective needs of government primary
schools and government secondary schools in the State, for the purpose
of
meeting recurrent expenditure, in respect of the year to which this
Act
applies, in connexion with those schools and, in particular, will
ensure
that such part of that amount as is not less than the amount specified
in
column 2 of Schedule 2 opposite to the name of the State is applied by
the State for the purpose of meeting recurrent expenditure, in respect
of
the year to which this Act applies, in relation to migrant education
provided at or in connexion with those schools; and
(b) the State will cause to be furnished to the Minister (not later
than
30 June 1979 or such later date as the Minister approves)-
(i) a certificate by an authorized person to the effect that
the
person has satisfied himself that the condition specified in paragraph (a)
has been fulfilled, being a certificate that specifies the amount applied
by
the State in pursuance of the condition specified in paragraph (a) for the
purpose of meeting recurrent expenditure, in respect of the year to which
this Act applies, in relation to migrant education provided at or in
connexion with government primary schools and government secondary schools
in
the State; and
(ii) a statement, in writing, that summarizes, in respect of
government
primary schools and in respect of government secondary schools, the manner
in
which the amount applied by the State in pursuance of the condition
specified
in paragraph (a) has been so applied.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 7
Limits on grants under sections 5 and 6, &c.
SECT
7. (1) The Minister shall not authorize payments to a State under section 5
that exceed, in the aggregate, the amount specified in column 2 of Schedule 1
opposite to the name of the State.
(2) The Minister shall not authorize payments to a State under section 6
that exceed, in the aggregate, the amount specified in column 3 of Schedule 1
opposite to the name of the State.
(3) At any time, and from time to time, during the year to which this Act
applies, but subject to sub-section (5), the Commonwealth Education Minister
may, at the request of the State Education Ministers for 2 or more States,
direct that-
(a) this Act has effect as if the amounts specified in column 2 of Schedule
1
opposite to the names of those States were varied in accordance with
the
direction; or
(b) this Act has effect as if the amounts specified in column 3 of
Schedule 1 opposite to the names of those States were varied in
accordance with the direction,
and, where the Commonwealth Education Minister gives a direction with
respect to the variation of any such amounts, then, for the purposes of this
Act (including this sub-section and sub-sections (4) and (5)), there shall be
deemed to have been specified in that Schedule (as from the commencing day),
in substitution for those amounts, the amounts as so varied.
(4) At any time, and from time to time, during the year to which this Act
applies, but subject to sub-section (5), the Commonwealth Education Minister
may, at the request of the State Education Minister for a State, direct that
this Act has effect as if the amounts specified in columns 2 and 3 of Schedule
1 opposite to the name of the State were varied in accordance with the
direction, and, where the Commonwealth Education Minister gives a direction
with respect to the variation of those amounts, then, for the purposes of this
Act (including this sub-section and sub-sections (3) and (5)), there shall be
deemed to have been specified in that Schedule (as from the commencing day),
in substitution for those amounts, the amounts as so varied.
(5) A direction given under sub-section (3) or (4) shall not provide for the
variation of any amounts in such a way that, after the variation, the
aggregate of the amounts specified in columns 2 and 3 of Schedule 1 opposite
to the names of the States is greater or less than the total specified at the
foot of column 4 of that Schedule.
(6) As soon as practicable after the Minister has given a direction under
sub-section (3) or (4), he shall cause a statement setting out particulars of
the direction to be laid before each House of the Parliament.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 8
Grants for expenditure in connexion with government disadvantaged schools
SECT
8. (1) Subject to section 9, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of expenditure in connexion with government disadvantaged schools in
the State, of such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section on the
conditions that-
(a) the State will ensure that an amount equal to the sum of the amounts
of
financial assistance paid to the State under this section is applied
by
the State for the purpose of meeting expenditure in connexion with
government disadvantaged schools in the State, being expenditure that-
(i) is recurrent expenditure in respect of the year to which
this
Act applies; or
(ii) is capital expenditure, in respect of commitments already
undertaken or to be undertaken not later than 31 December 1978, in
relation
to projects the total expenditure in relation to each of which is, or will
be, less than $25,000, or projects that are approved by the Minister for
the
purpose of this section; and
(b) the State will cause to be furnished to the Minister (not later
than
30 June 1979 or such later date as the Minister approves)-
(i) a certificate by an authorized person to the effect that
the
person has satisfied himself that the condition specified in paragraph (a)
has been fulfilled; and
(ii) a statement, in writing, that summarizes the manner in which
the
amount applied by the State in pursuance of the condition specified in
paragraph (a) has been so applied.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 9
Limits on grants under section 8
SECT
9. The Minister shall not authorize payments to a State under section 8 that
exceed, in the aggregate, the amount specified in column 2 of Schedule 3
opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 10
Grants for recurrent expenditure in connexion with government special
schools
SECT
10. (1) Subject to section 11, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of recurrent expenditure in connexion with government special schools
in the State, of such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section on the
conditions that-
(a) the State will ensure that an amount equal to the sum of the amounts
of
financial assistance paid to the State under this section is applied
by
the State for the purpose of meeting recurrent expenditure, in respect
of
the year to which this Act applies, in connexion with government
special
schools in the State; and
(b) the State will cause to be furnished to the Minister (not later
than
30 June 1979 or such later date as the Minister approves)-
(i) a certificate by an authorized person to the effect that
the
person has satisfied himself that the condition specified in paragraph (a)
has been fulfilled; and
(ii) a statement, in writing, that summarizes the manner in which
the
amount applied by the State in pursuance of the condition specified in
paragraph (a) has been so applied.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 11
Limits on grants under section 10, &c.
SECT
11. (1) The Minister shall not authorize payments to a State under section
10 that exceed, in the aggregate, the amount specified in column 2 of Schedule
4 opposite to the name of the State.
(2) At any time, and from time to time, during the year to which this Act
applies, but subject to sub-section (4), the Commonwealth Education Minister
may, at the request of the State Education Ministers for 2 or more States,
direct that-
(a) this Act has effect as if the amounts specified in column 2 of Schedule
4
opposite to the names of those States were varied in accordance with
the
direction; or
(b) this Act has effect as if the amounts specified in column 3 of
Schedule 4 opposite to the names of those States were varied in
accordance with the direction,
and, where the Commonwealth Education Minister gives a direction with
respect to the variation of any such amounts, then, for the purposes of this
Act (including this sub-section and sub-sections (3) and (4)), there shall be
deemed to have been specified in that Schedule (as from the commencing day),
in substitution for those amounts, the amounts as so varied.
(3) At any time, and from time to time, during the year to which this Act
applies, but subject to sub-section (4), the Commonwealth Education Minister
may, at the request of the State Education Minister for a State, direct that
this Act has effect as if the amounts specified in columns 2 and 3 of Schedule
4 opposite to the name of the State were varied in accordance with the
direction, and, where the Commonwealth Education Minister gives a direction
with respect to the variation of those amounts, then, for the purposes of this
Act (including this sub-section and sub-sections (2) and (4)), there shall be
deemed to have been specified in that Schedule (as from the commencing day),
in substitution for those amounts, the amounts as so varied.
(4) A direction given under sub-section (2) or (3) shall not provide for the
variation of any amounts in such a way that, after the variation, the
aggregate of the amounts specified in columns 2 and 3 of Schedule 4 opposite
to the names of the States is greater or less than the total specified at the
foot of column 4 of that Schedule.
(5) As soon as practicable after the Minister has given a direction under
sub-section (2) or (3), he shall cause a statement setting out particulars of
the direction to be laid before each House of the Parliament.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 12
Additional condition to which grant of financial assistance under
Part subject
SECT
12. Financial assistance is granted to a State under a section contained in
this Part on the additional condition that, if the State does not fulfil a
condition specified in the section, the State will, if the Minister so
determines, repay to the Commonwealth such amount (not being an amount greater
than the sum of the amounts of financial assistance paid to the State under
that section) as the Minister specifies in the determination as the amount
that should be repaid by the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - PART III
PART III-NON-GOVERNMENT SCHOOLS PROGRAMS
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 13
Approval of building and equipment projects in connexion with non-government
schools
SECT
13. (1) For the purposes of section 14, the Minister may, subject to
sub-section (2) of this section, approve building projects and equipment
projects in connexion with non-government primary schools, and building
projects and equipment projects in connexion with non-government secondary
schools, in a State.
(2) A project shall not be approved under sub-section (1) if the sole or
principal object, or one of the principal objects, of the project is-
(a) to provide housing or other residential accommodation for teaching or
other staff; or
(b) to provide facilities for use, wholly or principally, for or in
relation to religious worship.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 14
Grants for building and equipment projects in connexion with
non-government schools
SECT
14. (1) Subject to section 15, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of expenditure in relation to a project approved under section 13, of
such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section in respect
of expenditure in relation to a project approved under section 13 (being a
building project or an equipment project in connexion with a non-government
school in the State) on the conditions that-
(a) subject to paragraph (b), the State will, without undue delay, pay to
the
approved authority of the school an amount equal to each amount paid
to
the State under this section in relation to the project, and, in
making
the payment, will describe the amount paid to the approved authority as
a
payment in relation to the project made out of moneys provided to the
State by the Commonwealth under this section; and
(b) the State will not make a payment to the approved authority
under
this section in relation to a project unless the approved authority,
before or at the time of accepting the first payment under this
section
in relation to the project, agrees or has agreed within the State to
be
bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum
of
the amounts paid to the approved authority under this section in relation
to
the project is applied for the purpose of meeting expenditure, in respect
of
commitments already undertaken or to be undertaken not later than 31
December
1978, in relation to the project;
(ii) the approved authority will cause to be furnished to the
Minister
(within a period of 3 months after the date of completion of the project
or
within such further period as the Minister approves) a certificate by a
qualified accountant to the effect that he has satisfied himself that the
condition specified in sub-paragraph (i) has been fulfilled;
(iii) the approved authority will comply with such other conditions
(if
any) as are specified in the approval of the project under section 13;
(iv) if the approved authority does not fulfil a condition specified
in
sub-paragraph (i), (ii) or (iii), the authority will, if the Minister so
determines, repay to the State such amount (not being an amount greater
than
the sum of the amounts paid to the approved authority under this section
in
relation to the project) as the Minister determines should be repaid by
the
approved authority.
(3) Subject to sub-section 3 (7), an approved authority of a non-government
school may, for the purposes of this section, treat amounts that have been
applied, before the commencement of this Act, for the purpose of meeting
expenditure in relation to a project approved under section 13 as having been
so applied after the commencement of this Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 15
Limits on grants under section 14, &c.
SECT
15. (1) The Minister shall not authorize payments to a State under section
14 that exceed, in the aggregate, the amount specified in column 2 of Schedule
5 opposite to the name of the State.
(2) At any time, and from time to time, during the year to which this Act
applies, but subject to sub-section (3), provision may be made by the
regulations that this Act has effect as if some or all of the amounts
specified in column 2 of Schedule 5 opposite to the names of States were
varied in accordance with the regulations, and, where provision is so made
with respect to the variation of any such amounts, then, for the purposes of
this Act (including this sub-section and sub-section (3)), there shall be
deemed to have been specified in that Schedule (as from the commencing day),
in substitution for those amounts, the amounts as so varied.
(3) Regulations made for the purposes of sub-section (2) shall not provide
for the variation of any amounts specified in column 2 of Schedule 5 opposite
to the names of States in such a way that, after the variation, the aggregate
of the amounts specified in that column is greater or less than the total
specified at the foot of that column.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 16
Grants for recurrent expenditure of systemic schools
SECT
16. (1) In this section, except where the contrary intention appears, "list
of approved school systems" means the list prepared in accordance with
sub-section 14 (1) of the States Grants (Schools) Act 1976, being that list as
varied before 24 November 1976 under sub-section 14 (2) of the States Grants
(Schools) Act 1976 and as varied before the commencement of this Act under
sub-sections 14 (2), (4) and (5) of the States Grants (Schools Assistance) Act
1976 or, if that list is varied under sub-section (2), (4) or (5) of this
section, that list as so varied.
(2) The Minister may, from time to time, vary the list of approved school
systems for the purpose of adding to it school systems that are declared by
him to be approved school systems for the purposes of this Act and the
Minister shall, in making such a variation, specify, in respect of each such
school system, the level at which assistance is to be provided under this Act
to the school system for the purpose of meeting recurrent expenditure in
respect of the year to which this Act applies, being a level of assistance set
out in column 1 of Schedule 6.
(3) The Minister shall, in determining the level at which assistance is to
be provided under this Act to an approved school system referred to in
sub-section (2) for the purpose of meeting recurrent expenditure in respect of
the year to which this Act applies, have regard to the needs of the school
system for assistance under this Act for the purpose of meeting recurrent
expenditure in respect of the year to which this Act applies.
(4) The Minister may, having regard to any change in the needs of an
approved school system in relation to recurrent expenditure, vary the list of
approved school systems by specifying in respect of that approved school
system a different level at which assistance is to be provided to the school
system for the purpose of meeting recurrent expenditure in respect of the year
to which this Act applies, being a level of assistance set out in column 1 of
Schedule 6.
(5) The Minister may vary the list of approved school systems for the
purpose of correcting clerical errors or making alterations of a formal kind.
(6) The Minister shall cause a copy of any variation made under sub-section
(2), (4) or (5) to the list of approved school systems to be published in the
Gazette.
(7) The Minister may authorize the payment to a State under this section, by
way of financial assistance to the State in respect of recurrent expenditure
of an approved school system in the State, of such amounts as the Minister
determines, being amounts which do not exceed, in the aggregate, the sum of
the following amounts:
(a) an amount equal to the product of the amount specified in column 2 of
Schedule 6 opposite to the level specified in the list of approved
school
systems in relation to the school system and the number of students
receiving primary education at systemic schools in the school system
on
the date (in paragraph (b) referred to as the "census date") that is
the
schools census date for the State or is such other date as the
Minister,
in special circumstances, determines in relation to the school system;
(b) an amount equal to the product of the amount specified in column
3
of Schedule 6 opposite to the level specified in the list of approved
school systems in relation to the school system and the number of
students receiving secondary education at systemic schools in the
school
system on the census date;
(c) an amount equal to such amount as the Minister, subject to
section
18, determines to be the amount of financial assistance to be provided
to
the school system for the purpose of meeting recurrent expenditure, in
respect of the year to which this Act applies, in relation to migrant
education provided at systemic schools in the school system;
(d) if primary education or secondary education is provided at any
systemic school in the school system for part-time students as well as
for full-time students, an amount equal to such amount (if any) as the
Minister determines to be the amount of financial assistance to be
provided to the school system for the purpose of meeting recurrent
expenditure, in respect of the year to which this Act applies, in
connexion with those part-time students.
(8) Financial assistance is granted to a State under this section in respect
of recurrent expenditure of an approved school system in the State on the
conditions that-
(a) subject to paragraph (b), the State will, without undue delay, pay to
the
approved authority of the school system an amount equal to each amount
paid to the State under this section in relation to the approved
school
system, and, in making the payment, will describe the amount paid to
the
approved authority as a payment made out of moneys provided to the
State
by the Commonwealth under this section; and
(b) the State will not make a payment to the approved authority
under
this section unless the approved authority, before or at the time of
accepting the first payment under this section, agrees or has agreed
with
the State to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum
of
the amounts paid to the approved authority under this section is applied,
according to the respective needs of systemic schools in the school
system,
for the purpose of meeting recurrent expenditure, in respect of the year
to
which this Act applies, of those schools, and of the authority in respect
of
those schools, in such proportions as the Minister determines, and, in
particular, will ensure that such part of that amount as is not less than
the
amount determined by the Minister under paragraph (7) (c) in relation to
the
school system is applied, in the proportions so determined by the
Minister,
for the purpose of meeting recurrent expenditure, in respect of the year
to
which this Act applies, of those schools, and the approved authority in
respect of those schools, in relation to migrant education provided at
those
schools;
(ii) the approved authority will cause to be furnished to the
Minister
(not later than 30 June 1979 or such later date as the Minister approves)-
(A) a certificate by a qualified accountant to the effect that he
has
satisfied himself that the condition specified in sub-paragraph (i)
has
been fulfilled; and
(B) a statement, in writing, that contains such information
in
respect of recurrent expenditure of the systemic schools in the
school
system, and of the approved authority in respect of those schools,
and
such other financial and statistical information in respect of those
schools and the authority, as is required by the Minister to be so
furnished;
(iii) if the approved authority does not fulfil a condition
specified in sub-paragraph (i) or (ii), the authority will, if the
Minister
so determines, repay to the State such amount (not being an amount greater
than the sum of the amounts paid to the approved authority under this
section) as the Minister determines should be repaid by the approved
authority.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 17
Grants for recurrent expenditure of non-systemic schools
SECT
17. (1) In this section, except where the contrary intention appears, "list
of non-systemic schools" means the list prepared in accordance with
sub-section 17 (1) of the States Grants (Schools) Act 1976, being that list as
varied before 24 November 1976 under sub-section 17 (2) of the States Grants
(Schools) Act 1976 and as varied before the commencement of this Act under
sub-sections 15 (2), (4) and (5) of the States Grants (Schools Assistance) Act
1976 or, if that list is varied under sub-section (2), (4) or (5) of this
section, that list as so varied.
(2) The Minister may, from time to time, vary the list of non-systemic
schools for the purpose of adding to it non-systemic schools that come into
existence (whether upon ceasing to be systemic schools or otherwise), or the
existence of which first becomes known to the Minister, and the Minister
shall, in making such a variation, specify, in respect of each such school,
the level at which assistance is to be provided under this Act to the school
for the purpose of meeting recurrent expenditure in respect of the year to
which this Act applies, being a level of assistance set out in column 1 of
Schedule 6.
(3) The Minister shall, in determining the level at which assistance is to
be provided under this Act to a non-systemic school referred to in sub-section
(2) for the purpose of meeting recurrent expenditure in respect of the year to
which this Act applies, have regard to the needs of the school for assistance
under this Act in relation to recurrent expenditure in respect of the year to
which this Act applies.
(4) The Minister may, having regard to any change in the needs of a
non-systemic school in relation to recurrent expenditure, vary the list of
non-systemic schools by specifying in respect of that school a different level
at which assistance is to be provided to the school for the purpose of meeting
recurrent expenditure in respect of the year to which this Act applies, being
a level of assistance set out in column 1 of Schedule 6.
(5) The Minister may vary the list of non-systemic schools for the purpose
of correcting clerical errors or making alterations of a formal kind.
(6) The Minister shall cause a copy of any variation made under sub-section
(2), (4) or (5) to the list of non-systemic schools to be published in the
Gazette.
(7) The Minister may authorize the payment to a State under this section, by
way of financial assistance to the State in respect of recurrent expenditure
of a non-systemic school in the State, of such amounts as the Minister
determines, being amounts which do not exceed, in the aggregate, the sum of
the following amounts:
(a) an amount equal to the product of the amount specified in column 2 of
Schedule 6 opposite to the level specified in the list of non-systemic
schools in relation to the school and the number of students receiving
primary education at the school on the date (in paragraph (b) referred
to
as the "census date") that is the schools census date for that State
or
is such other date as the Minister, in special circumstances,
determines
in relation to the school;
(b) an amount equal to the product of the amount specified in column
3
of Schedule 6 opposite to the level specified in the list of
non-systemic
schools in relation to the school and the number of students receiving
secondary education at the school on the census date;
(c) an amount equal to such amount as the Minister, subject to
section
18, determines to be the amount of assistance to be provided to the
school for the purpose of meeting recurrent expenditure, in respect of
the year to which this Act applies, in relation to migrant education
provided at the school;
(d) if the school is a school in need of short-term emergency
assistance, an amount equal to such amount as the Minister, subject to
section 19, determines to be the amount of additional assistance to be
provided to the school for the purpose of meeting recurrent
expenditure,
in respect of the year to which this Act applies, of the school;
(e) if primary education or secondary education is provided at the
school for part-time students as well as for full-time students, an
amount equal to such amount (if any) as the Minister determines to be
the
amount of assistance to be provided to the school for the purpose of
meeting recurrent expenditure in respect of the year to which this Act
applies in connexion with those part-time students.
(8) Financial assistance is granted to a State under this section in respect
of recurrent expenditure of a non-systemic school in the State on the
conditions that-
(a) subject to paragraph (b), the State will, without undue delay, pay to
the
approved authority of the school an amount equal to each amount paid
to
the State under this section in relation to the school, and, in making
the payment, will describe the amount paid to the approved authority as
a
payment made out of moneys provided to the State by the Commonwealth
under this section; and
(b) the State will not make a payment to the approved authority
under
this section unless the approved authority, before or at the time of
accepting the first payment under this section, agrees or has agreed
with
the State to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum
of
the amounts paid to the approved authority under this section is applied
for
the purpose of meeting recurrent expenditure, in respect of the year to
which
this Act applies, of the school, and, in particular, will ensure that such
part of that amount as is not less than the amount determined by the
Minister
under paragraph (7) (c) in relation to the school is applied for the
purpose
of meeting recurrent expenditure, in respect of the year to which this Act
applies, of the school in relation to migrant education provided at the
school;
(ii) the approved authority will cause to be furnished to the
Minister
(not later than 30 June 1979 or such later date as the Minister approves)-
(A) a certificate by a qualified accountant to the effect that he
has satisfied himself that the condition specified in sub-paragraph (i) has
been fulfilled; and
(B) a statement, in writing, that contains such information in
respect
of recurrent expenditure of the school, and such other financial and
statistical information in respect of the school, as is required by the
Minister to be so furnished;
(iii) if the approved authority does not fulfil a condition specified
in
sub-paragraph (i) or (ii), the authority will, if the Minister so
determines,
repay to the State such amount (not being an amount greater than the sum
of
the amounts paid to the approved authority under this section) as the
Minister determines should be repaid by the approved authority.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 18
Limits on grants for migrant education provided at non-government schools
SECT
18. The amounts determined by the Minister under paragraph 16 (7) (c) in
relation to approved school systems in a State, and the amounts determined by
the Minister under paragraph 17 (7) (c) in relation to non-systemic schools in
the State, shall not exceed, in the aggregate, the amount specified in column
3 of Schedule 2 opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 19
Limit on additional grants for non-systemic schools in need of short-term
emergency assistance
SECT
19. The amounts determined by the Minister under paragraph 17 (7) (d) in
relation to non-systemic schools shall not exceed, in the aggregate, $544,000.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 20
Grants for expenditure of systemic disadvantaged schools
SECT
20. (1) Subject to section 22, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of expenditure of an approved school system in the State in connexion
with any systemic disadvantaged school or schools in the school system, of
such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section in respect
of expenditure of a non-systemic disadvantaged school in a State on the
conditions that-
(a) subject to paragraph (b), the State will, without undue delay, pay to
the
approved authority of the school an amount equal to each amount paid
to
the State under this section in relation to the school, and, in making
the payment, will describe the amount paid to the approved authority as
a
payment made out of moneys provided to the State by the Commonwealth
under this section; and
(b) the State will not make a payment to the approved authority
under
this section unless the approved authority, before or at the time of
accepting the first payment under this section, agrees or has agreed
with
the State to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum
of
the amounts paid to the approved authority under this section is applied
for
the purpose of meeting expenditure in connexion with that systemic
disadvantaged school or those systemic disadvantaged schools, and of the
authority in respect of that school or those schools, in such proportions
as
the Minister determines, being expenditure that-
(A) is recurrent expenditure in respect of the year to which this
Act applies; or
(B) is capital expenditure, in respect of commitments already
undertaken or to be undertaken not later than 31 December 1978, in relation to
minor projects approved by the Minister for the purposes of this section;
(ii) the approved authority will cause to be furnished to the Minister
(not later than 30 June 1979 or such later date as the Minister approves)-
(A) a certificate by a qualified accountant to the effect that he
has satisfied himself that the condition specified in sub-paragraph (i) has
been fulfilled; and
(B) a statement, in writing, that contains such information in
respect
of any systemic disadvantaged school or schools in the school system as is
required by the Minister to be so furnished;
(iii) if the approved authority does not fulfil a condition specified
in
sub-paragraph (i) or (ii), the authority will, if the Minister so
determines,
repay to the State such amount (not being an amount greater than the sum
of
the amounts paid to the approved authority under this section) as the
Minister determines should be repaid by the approved authority.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 21
Grants for expenditure of non-systemic disadvantaged schools
SECT
21. (1) Subject to section 22, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of expenditure of a non-systemic disadvantaged school in the State, of
such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section in respect
of expenditure of a non-systemic disadvantaged school in a State on the
conditions that-
(a) subject to paragraph (b), the State will, without undue delay, pay to
the
approved authority of the school an amount equal to each amount paid
to
the State under this section in relation to the school, and, in making
the payment, will describe the amount paid to the approved authority as
a
payment made out of moneys provided to the State by the Commonwealth
under this section; and
(b) the State will not make a payment to the approved authority
under
this section unless the approved authority, before or at the time of
accepting the first payment under this section, agrees or has agreed
with
the State to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum
of
the amounts paid to the approved authority under this section is applied
for
the purpose of meeting expenditure in connexion with the school, being
expenditure that-
(A) is recurrent expenditure in respect of the year to which this
Act applies; or
(B) is capital expenditure, in respect of commitments already
undertaken or to be undertaken not later than 31 December 1978, in relation to
minor projects approved by the Minister for the purposes of this section;
(ii) the approved authority will cause to be furnished to the Minister
(not later than 30 June 1979 or such later date as the Minister approves)-
(A) a certificate by a qualified accountant to the effect that he
has satisfied himself that the condition specified in sub-paragraph (i) has
been fulfilled; and
(ii) the approved authority will cause to be furnished to the Minister
(not later than 30 June 1979 or such later date as the Minister approves)-
(A) a certificate by a qualified accountant to the effect that he
has
satisfied himself that the condition specified in sub-paragraph (i)
has
been fulfilled; and
(B) a statement, in writing, that contains such information
in
respect of recurrent expenditure of the school, and such other
financial and statistical information in respect of the school, as
is
required by the Minister to be so furnished;
(iii) if the approved authority does not fulfil a condition
specified in sub-paragraph (i) or (ii), the authority will, if the
Minister
so determines, repay to the State such amount (not being an amount greater
than the sum of the amounts paid to the approved authority under this
section) as the Minister determines should be repaid by the approved
authority.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 22
Limits on grants under sections 20 and 21
SECT
22. The Minister shall not authorize payments to a State under sections 20
and 21 that exceed, in the aggregate, the amount specified in column 3 of
Schedule 3 opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 23
Grants for recurrent expenditure of non-government special schools
SECT
23. (1) Subject to section 24, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of recurrent expenditure of a non-government special school in the
State, of such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section in respect
of recurrent expenditure of a non-government special school in the State on
the conditions that-
(a) subject to paragraph (b), the State will, without undue delay, pay to
the
approved authority of the school an amount equal to each amount paid
to
the State under this section in relation to the school, and, in making
the payment, will describe the amount paid to the approved authority as
a
payment made out of moneys provided to the State by the Commonwealth
under this section; and
(b) the State will not make a payment to the approved authority
under
this section unless the approved authority, before or at the time of
accepting the first payment under this section, agrees or has agreed
with
the State to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum
of
the amounts paid to the approved authority under this section is applied
for
the purpose of meeting recurrent expenditure, in respect of the year to
which
this Act applies, of the school;
(ii) the approved authority will cause to be furnished to the
Minister
(not later than 30 June 1979 or such later date as the Minister approves)-
(A) a certificate by a qualified accountant to the effect that he
has
satisfied himself that the condition specified in sub-paragraph (i)
has
been fulfilled; and
(B) a statement, in writing, that contains such information
in
respect of recurrent expenditure of the school, and such other
financial and statistical information in respect of the school, as
is
required by the Minister to be so furnished;
(iii) if the approved authority does not fulfil a condition
specified in sub-paragraph (i) or (ii), the authority will, if the
Minister
so determines, repay to the State such amount (not being an amount greater
than the sum of the amounts paid to the approved authority under this
section) as the Minister determines should be repaid by the approved
authority.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 24
Limits on grants under section 23
SECT
24. The Minister shall not authorize payments to a State under section 23
that exceed, in the aggregate, the amount specified in column 3 of Schedule 4
opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 - SECT 25
Additional conditions to which grant of financial assistance under Part
subject
SECT
25. Financial assistance granted to a State under a section contained in
this Part is granted on the additional conditions that-
(a) if an amount that the approved authority of a non-government school or
an
approved school system is liable to repay to the State, under a
condition
of an agreement entered into in accordance with the section, is repaid
by
the authority to the State, or is recovered by the State from the
authority, the State will pay to the Commonwealth an amount equal to
that
amount; and
(b) if the State does not fulfil a condition specified in the
section
under which the financial assistance is granted, the State will, if
the
Minister so determines, repay to the Commonwealth such amount (not
being
an amount greater than the sum of the amounts of financial assistance
paid to the State under that section in respect of that non-government
school or approved school system) as the Minister specifies in the
determination as the amount that should be repaid by the State.
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