| C2004C07004 | STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978
- Reprinted as at 31 July 1983 (#DATE 31:07:1983)
*1*The States Grants (Schools Assistance) Act 1978 as shown in this reprint comprises Act No. 187, 1978 amended as indicated in the Tables below. Table of Acts ------------------------------------------------------------------------------ -- Application, saving or Number Date of Date of transitional Act and year Assent commencement provisions ------------------------------------------------------------------------------ -- States Grants 187,1978 4 Dec 1978 4 Dec 1978 (Schools Assistance) Act 1978 States Grants 40,1979 11 June 1979 11 June 1979 - (Schools Assistance) Amendment Act 1979 States Grants 184,1979 4 Dec 1979 4 Dec 1979 - (Schools Assistance) Act 1979 States Grants 95,1980 6 June 1980 6 June 1980 S. 8 (Schools Assistance) Amendment Act 1980 Statute Law Revision 61,1981 12 June 1981 S. 117:Royal - Act 1981 Assent (a) Companies 92,1981 18 June 1981 Part XIV (s. 45): - (Miscellaneous 1 July 1982 (see Amendments) Act 1981 Gazette 1982, No. S124, p. 1) (b) ------------------------------------------------------------------------------ -- (a) The States Grants (Schools Assistance) Act 1978 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 Assistance) Act 1978 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 = repealed rs. = repealed and substituted ------------------------------------------------------------------------------ -- Provision affected How affected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. 39 . . . . . . . . . . . . am. Nos. 40 and 184, 1979; No. 95, 1980 S. 41 . . . . . . . . . . . . am. Nos. 40 and 184, 1979; No. 95, 1980 S. 45 . . . . . . . . . . . . am. Nos. 40 and 184, 1979; No. 95, 1980 S. 55 . . . . . . . . . . . . am. No. 61, 1981 Schedules 1-9 . . . . . . . . rs. Nos. 40 and 184, 1979; No. 95, 1980 Schedule 10 . . . . . . . . . rep. No. 40, 1979 ------------------------------------------------------------------------------ -- STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978 - 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 is made,
& c.
PART II - GOVERNMENT SCHOOLS PROGRAMS
5. Grants for building and equipment projects in connection with
government schools
6. Grants for recurrent expenditure in connection with government
schools
7. Limits on grants under sections 5 and 6, & c.
8. Grants for recurrent expenditure in connection with migrant education
provided at or in connection with government schools
9. Limits on grants under section 8
10. Grants for expenditure in connection with government disadvantaged
schools
11. Limits on grants under section 10
12. Grants for recurrent expenditure in connection with government special
schools
13. Limits on grants under section 12, & c.
14. Additional condition to which grants of financial assistance under
Part subject
PART III - NON-GOVERNMENT SCHOOLS PROGRAMS
15. Approval of building and equipment projects in connection with
non-government schools
16. Grants for building and equipment projects in connection with
non-government schools
17. Limits on grants under section 16, & c.
18. Grants for recurrent expenditure of systemic schools
19. Grants for recurrent expenditure of non-systemic schools
20. Limit on additional grants for schools in need of short-term
emergency assistance
21. Grants for recurrent expenditure in connection with migrant education
provided at or in connection with systemic schools
22. Grants for recurrent expenditure in connection with migrant education
provided at or in connection with non-systemic schools
23. Limits on grants under sections 21 and 22
24. Grants for expenditure of systemic disadvantaged schools
25. Grants for expenditure of non-systemic disadvantaged schools
26. Limits on grants under sections 24 and 25
27. Grants for recurrent expenditure of non-government special schools
28. Limits on grants under section 27
29. Additional conditions to which grants of financial assistance under
Part subject
PART IV - JOINT GOVERNMENT AND NON-GOVERNMENT SCHOOLS
PROGRAMS
30. Grants for recurrent expenditure in connection with multicultural
education
31. Limits on grants under section 30
32. Grants for expenditure in connection with the education of students
receiving primary education or secondary education in disadvantaged
country areas
33. Limits on grants under section 32
34. Grants for recurrent expenditure in connection with the education of
children residing in residential institutions
35. Limits on grants under section 34
36. Grants for recurrent expenditure in connection with approved service
and development activities
37. Limits on grants under section 36
38. Grants for recurrent expenditure in connection with the temporary
transfer of teachers, & c.
39. Limit on grants under section 38
40. Grants for expenditure of approved education centres
41. Limit on grants under section 40
42. Approval of special projects
43. Grants for expenditure in relation to approved special projects
carried out by the States
44. Grants for expenditure in relation to approved special projects not
carried out by the States
45. Limit on grants under sections 43 and 44
46. Additional condition to which grants of financial assistance under
Part subject
PART V - MISCELLANEOUS
47. Minister may fix amounts, and times of payments, of financial
assistance
48. Amounts repayable by the States to the Commonwealth
49. Advances
50. Payments to be made out of Consolidated Revenue Fund or Loan Fund
51. Authority to borrow
52. Application of moneys borrowed
53. Reimbursement of Consolidated Revenue Fund from Loan Fund
54. Appropriation
55. Delegation by Minister
56. Determinations, & c., to be in writing, & c.
57. Report by Minister
58. Regulations
PART VI - AMENDMENTS OF STATES GRANTS (SCHOOLS ASSISTANCE)
ACT 1977
59. Principal Act
60. Limit on grants under section 32
61. Limit on grants under section 34
62. Limit on grants under section 37
63. Schedules
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
MULTICULTURAL EDUCATION
SCHEDULE 8
RESIDENTIAL INSTITUTIONS
SCHEDULE 9
SERVICE AND DEVELOPMENT ACTIVITIES
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978 - 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 1978 - PART I
PART I - PRELIMINARY
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978 - SECT 1
Short title
SECT
1. This Act may be cited as the States Grants (Schools Assistance) Act
1978.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978 - 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 1978 - 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 students, and parents of
students, 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, during the year to which this Act applies, become
a body corporate -
(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 and, in particular, for the purpose of teaching the
English language to such children and also providing education for such
children and other children that takes account of the various cultures of
peoples in countries from which persons have migrated to Australia;
"multicultural education" means the provision of special educational
programs and facilities for the purpose of teaching languages (other than the
English language) spoken in overseas countries to students receiving primary
education or secondary education at government schools or non-government
schools and also providing education for such students that takes account of
the various cultures of peoples in overseas countries;
"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 1977 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 a standard
(however described) that is pre-school standard only or a proposed school or
institution at which it is proposed that education be provided at a standard
(however described) that is pre-school 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 a school in need of
short-term emergency assistance for the purposes of this Act;
"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 or proposed to be provided, that school in so far as it
provides or proposes to provide 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
1979.
(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 reference to 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 1977, 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 1977, the State Education Minister for the State shall, upon the
commencement of this Act, be deemed to have notified the Commonwealth
Education Minister 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, where, immediately before the commencing
day, an approval was in force for the purposes of paragraph (c) of the
definition of "certificate by a qualified accountant" in sub-section 3 (1) of
the States Grants (Schools Assistance) Act 1977, the approval shall, upon the
commencement of this Act, be deemed to be an approval made under this Act for
the purposes of paragraph (c) of the definition of "certificate by a qualified
accountant" in sub-section (1) of this section.
(8) 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.
(9) In sub-section (8), 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 16 (2) (b), 18 (9) (b), 19 (9) (b), 21 (2) (b), 22 (2) (b), 24 (2)
(b), 25 (2) (b), 27 (2) (b), 40 (2) (b) or 44 (2) (b).
(10) In sub-sections (8) and (9), 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, a governing body of an
approved education centre or a body or person who enters into an agreement
with a State for the purposes of the condition specified in paragraph 44 (2)
(b), as the case requires.
(11) For the purposes of this Act, a building project or equipment project
that has been, is being or is to be carried out for purposes connected with a
school, an approved education centre or the education of certain students
shall be treated as a building project or equipment project in connection with
the school, the approved education centre or the education of those students,
as the case may be, notwithstanding that it is also being carried out for
other educational purposes or for community purposes.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978 - SECT 4
Schools and areas with respect to which special provision is 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-government
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 that the Minister considers
appropriate, in special need of short-term emergency assistance,
the Minister may declare the school to be a school in need of short-term
emergency assistance for the purposes of this Act.
(6) Where the Minister is satisfied that 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, 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 1977, the State Education Minister for the State
shall, upon the commencement of this Act, be deemed to have notified the
Commonwealth Education Minister 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 1977, 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 sub-section 4 (6) of the
States Grants (Schools Assistance) Act 1977, 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 1978 - PART II
PART II - GOVERNMENT SCHOOLS PROGRAMS
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978 - SECT 5
Grants for building and equipment projects in connection 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 connection 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 1979, in
relation to building projects and equipment projects in connection 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 1980 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 (8), a State may, for the purposes of this
section, treat amounts that have been applied by the State, after 30 September
1978 and before the commencement of this Act, for the purpose of meeting
expenditure in relation to a building project or equipment project in
connection 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 1978 - SECT 6
Grants for recurrent expenditure in connection 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 connection 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
connection with those schools; and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1980 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, 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 1978 - 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 1978 - SECT 8
Grants for recurrent expenditure in connection with migrant education
provided at or in connection with government 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 recurrent expenditure in connection with migrant education provided
at or in connection 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 recurrent expenditure, in respect of the year
to which this Act applies, in connection with migrant education provided at or
in connection with government primary schools and government secondary schools
in the State; and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1980 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, 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 1978 - 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 2
opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978 - SECT 10
Grants for expenditure in connection with government disadvantaged 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 expenditure in connection 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 -
(i) recurrent expenditure, in respect of the year to which this Act
applies, in connection with government disadvantaged schools in the State; or
(ii) expenditure, in respect of commitments already undertaken or to be
undertaken not later than 31 December 1979, in relation to minor building
projects, or minor equipment projects, in connection with government
disadvantaged schools in the State, being projects -
(A) the total expenditure in relation to each of which is, or will be,
less than $25,000; or
(B) that are approved by the Minister for the purposes of this section;
and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1980 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 1978 - SECT 11
Limits on grants under section 10
SECT
11. 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 3
opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978 - SECT 12
Grants for recurrent expenditure in connection with government special
schools
SECT
12. (1) Subject to section 13, 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 connection 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 connection with government special schools in
the State; and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1980 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 1978 - SECT 13
Limits on grants under section 12, & c.
SECT
13. (1) The Minister shall not authorize payments to a State under section
12 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,
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 1978 - SECT 14
Additional condition to which grants of financial assistance under Part
subject
SECT
14. 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 1978 - PART III
PART III - NON-GOVERNMENT SCHOOLS PROGRAMS
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978 - SECT 15
Approval of building and equipment projects in connection with
non-government schools
SECT
15. (1) For the purposes of section 16, the Minister may, subject to
sub-section (2) of this section, approve building projects and equipment
projects in connection with non-government primary schools, and building
projects and equipment projects in connection 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 1978 - SECT 16
Grants for building and equipment projects in connection with
non-government schools
SECT
16. (1) Subject to section 17, 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 15, 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 15 (being a
building project or an equipment project in connection 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 the project unless the approved authority, before or at
the time of accepting the first payment under this section in relation to the
project, has agreed or agrees 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 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
1979, 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 15;
(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 (8), 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 15 as having been
so applied after the commencement of this Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978 - SECT 17
Limits on grants under section 16, &c.
SECT
17. (1) The Minister shall not authorize payments to a State under section
16 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 1978 - SECT 18
Grants for recurrent expenditure of systemic schools
SECT
18. (1) Until the Minister causes to be published in the Gazette a list of
approved school systems in accordance with sub-section (2), references in this
section to the list of approved school systems shall, except where the
contrary intention appears, be read as references to -
(a) the list prepared in accordance with sub-section 14 (1) of the States
Grants (Schools) Act 1976 as varied before the commencement of this Act under
a previous schools assistance Act; or
(b) if the list referred to in paragraph (a) is varied after the
commencement of this Act under sub-section (3), (5) or (6) of this section,
that list as so varied.
(2) The Minister may cause to be published in the Gazette a copy of the list
referred to in paragraph (1) (a) or, if that list is varied under sub-section
(3), (5) or (6) of this section after the commencement of this Act and before
the publication of the copy in the Gazette, a copy of that list as so varied,
and, if he does so, references in this section to the list of approved school
systems shall then, unless the contrary intention appears, be read as
references to the list so published or, if the list so published is varied
under sub-section (3), (5) or (6) of this section, to the list as so published
and so varied.
(3) 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, if the
Minister makes such a variation, he shall, in respect of each such approved
school system, specify, in the instrument of variation, the level, being a
level of assistance set out in column 1 of Schedule 6, at which financial
assistance is to be provided under this section to the approved school system
for the purpose of meeting recurrent expenditure of the approved school system
in respect of the year to which this Act applies.
(4) The Minister shall, in determining for the purposes of sub-section (3)
the level at which financial assistance is to be provided under this section
to an approved school system for the purpose of meeting recurrent expenditure
of the approved school system in respect of the year to which this Act
applies, have regard to the need of the approved school system for such
assistance.
(5) The Minister may, having regard to any change in the need of an approved
school system for financial assistance under this section for the purpose of
meeting recurrent expenditure of the approved school system in respect of the
year to which this Act applies, vary the list of approved school systems by
specifying, in the instrument of variation, in respect of the approved school
system a different level, being a level of assistance set out in column 1 of
Schedule 6, at which financial assistance is to be provided under this section
to the approved school system for the purpose of meeting recurrent expenditure
of the approved school system in respect of the year to which this Act
applies.
(6) The Minister may vary the list of approved school systems for the
purpose of correcting clerical errors or making alterations of a formal kind.
(7) The Minister shall cause a copy of any variation to the list of approved
school systems made under sub-section (3), (5) or (6) to be published in the
Gazette.
(8) 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 that 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 of assistance in column 1 of that Schedule
that is the level of assistance 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 of assistance in column 1 of that Schedule
that is the level of assistance 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) if any systemic schools in the school system are schools in need of
short-term emergency assistance, an amount equal to such amount as the
Minister, subject to section 20, determines to be the amount of additional
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
connection with those last-mentioned schools; and
(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 connection with those part-time students.
(9) 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, has agreed or agrees 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 approved 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 (8) (c) in relation to
the school system is applied for the purpose of meeting recurrent expenditure,
in respect of the year to which this Act applies, in connection with such of
those schools as are schools in need of short-term emergency assistance;
(ii) the approved authority will cause to be furnished to the Minister
(not
later than 30 June 1980 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 approved
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 1978 - SECT 19
Grants for recurrent expenditure of non-systemic schools
SECT
19. (1) Until the Minister causes to be published in the Gazette a list of
non-systemic schools in accordance with sub-section (2), references in this
section to the list of non-systemic schools shall, except where the contrary
intention appears, be read as references to -
(a) the list prepared in accordance with sub-section 17 (1) of the States
Grants (Schools) Act 1976 as varied before the commencement of this Act under
a previous schools assistance Act; or
(b) if the list referred to in paragraph (a) is varied after the
commencement of this Act under sub-section (3), (5) or (6) of this section,
that list as so varied.
(2) The Minister may cause to be published in the Gazette a copy of the list
referred to in paragraph (1) (a) or, if that list is varied under sub-section
(3), (5) or (6) of this section after the commencement of this Act and before
the publication of the copy in the Gazette, a copy of that list as so varied,
and, if he does so, references in this section to the list of non-systemic
schools shall then, unless the contrary intention appears, be read as
references to the list so published or, if the list so published is varied
under sub-section (3), (5) or (6) of this section, to the list as so published
and so varied.
(3) 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, if the Minister
makes such a variation, he shall, in respect of each such school, specify, in
the instrument of variation, the level, being a level of assistance set out in
column 1 of Schedule 6, at which financial assistance is to be provided under
this section to the school for the purpose of meeting recurrent expenditure of
the school in respect of the year to which this Act applies.
(4) The Minister shall, in determining for the purposes of sub-section (3)
the level at which financial assistance is to be provided under this section
to a school for the purpose of meeting recurrent expenditure of the school in
respect of the year to which this Act applies, have regard to the need of the
school for such assistance.
(5) The Minister may, having regard to any change in the need of a school
for financial assistance under this section for the purpose of meeting
recurrent expenditure of the school in respect of the year to which this Act
applies, vary the list of non-systemic schools by specifying, in the
instrument of variation, in respect of the school a different level, being a
level of assistance set out in column 1 of Schedule 6, at which financial
assistance is to be provided under this section to the school for the purpose
of meeting recurrent expenditure of the school in respect of the year to which
this Act applies.
(6) The Minister may vary the list of non-systemic schools for the purpose
of correcting clerical errors or making alterations of a formal kind.
(7) The Minister shall cause a copy of any variation to the list of
non-systemic schools made under sub-section (3), (5) or (6) to be published in
the Gazette.
(8) 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 that 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 of assistance in column 1 of that Schedule
that is the level of assistance 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 of assistance in column 1 of that Schedule
that is the level of assistance 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) 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 20, 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;
(d) 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 connection with those
part-time students.
(9) 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, has agreed or agrees 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 1980 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 1978 - SECT 20
Limit on additional grants for schools in need of short-term emergency
assistance
SECT
20. The amounts determined by the Minister under paragraph 18 (8) (c) in
relation to systemic schools, and the amounts determined by the Minister under
paragraph 19 (8) (c) in relation to non-systemic schools, shall not exceed, in
the aggregate, $574,500.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1978 - SECT 21
Grants for recurrent expenditure in connection with migrant education
provided at or in connection with systemic schools
SECT
21. (1) Subject to section 23, 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 in
connection with migrant education provided at or in connection with systemic
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 recurrent expenditure of an approved school system in the State in
connection with migrant education provided at or in connection with systemic
schools in the school system 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, has agreed or agrees 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 those schools, and of the approved authority in respect
of those schools, in such proportions as the Minister determines, in
connection with migrant education provided at or in connection with those
schools;
(ii) the approved authority will cause to be furnished to the Minister
(not
later than 30 June 1980 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
migrant education provided at any systemic 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 1978 - SECT 22
Grants for recurrent expenditure in connection with migrant education
provided at or in connection with non-systemic schools
SECT
22. (1) Subject to section 23, 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 in
connection with migrant education provided at or in connection with the
school, 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-systemic school in a State in connection
with migrant education provided at or in connection with the school 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, has agreed or agrees 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 in connection with migrant education provided
at or in connection with the school;
(ii) the approved authority will cause to be furnished to the Minister
(not
later than 30 June 1980 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
migrant education provided at 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 1978 - SECT 23
Limits on grants under sections 21 and 22
SECT
23. The Minister shall not authorize payments to a State under sections 21
and 22 that 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 1978 - SECT 24
Grants for expenditure of systemic disadvantaged schools
SECT
24. (1) Subject to section 26, 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 connection
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 an approved school system in the State in connection with
any systemic disadvantaged school or schools in the school system 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, has agreed or agrees 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 -
(A) recurrent expenditure, in respect of the year to which this Act
applies, of that systemic disadvantaged school or those systemic disadvantaged
schools, and of the approved authority in respect of that school or those
schools, in such proportions as the Minister determines; or
(B) expenditure, in respect of commitments already undertaken or to be
undertaken not later than 31 December 1979, in relation to minor building
projects, or minor equipment projects, in connection with that systemic
disadvantaged school or those systemic disadvantaged schools, being projects
that are 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 1980 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 1978 - SECT 25
Grants for expenditure of non-systemic disadvantaged schools
SECT
25. (1) Subject to section 26, 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, has agreed or agrees with the State to be
bound by the following conditions:
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