STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - 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:
(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 the school; or
(B) expenditure, in respect of commitments already undertaken or to
be undertaken not later than 31 December 1981, in relation to minor building
projects, or minor equipment projects, in connection with the school, 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 1982 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 subparagraph (i) has
been fulfilled; and
(B) a statement, in writing, that contains such 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 subparagraph (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 1980 - SECT 26
Limits on grants under sections 24 and 25
SECT
26. The Minister shall not authorize payments to a State under sections 24
and 25 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 1980 - SECT 27
Grants for recurrent expenditure of non-government special schools
SECT
27. (1) Subject to section 28, 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, 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 1982 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 subparagraph (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 fulfill a condition specified
in subparagraph (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 1980 - SECT 28
Limits on grants under section 27
SECT
28. The Minister shall not authorize payments to a State under section 27
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 1980 - SECT 29
Additional conditions to which grants of financial assistance under Part
subject
SECT
29. 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 the non-government school or approved school
system) as the Minister specifies in the determination as the amount that
should be repaid by the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - PART IV
PART IV - JOINT GOVERNMENT AND NON-GOVERNMENT SCHOOLS
PROGRAMS
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 30
Grants for recurrent expenditure in connection with multicultural education
SECT
30. (1) Subject to section 31, 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 multicultural education
provided 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 multicultural education provided
in the State; and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1982 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 1980 - SECT 31
Limits on grants under section 30 etc.
SECT
31. (1) The Minister shall not authorize payments to a State under section
30 that exceed, in the aggregate, the amount specified in column 2 of Part I
of Schedule 8 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 subsection (3), the Commonwealth Education Minister
may, at the request of the State Education Ministers for 2 or more States,
direct that this Act has effect as if the amounts specified in column 2 of
Part I of Schedule 8 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 subsection and subsection (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) A direction given under subsection (2) shall not provide for the
variation of any amounts in such a way that, after the variation, the
aggregate of the amounts specified in column 2 of Part I of Schedule 8
opposite to the names of the States is greater or less than the total
specified at the foot of that column.
(4) As soon as practicable after the Minister has given a direction under
subsection (2), 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 1980 - SECT 32
Approval of multicultural education projects of national significance
SECT
32. Where:
(a) a project is being, or is to be, carried out in Australia with the sole
or principal object of promoting multicultural education in Australia; and
(b) the Minister is of the opinion that the project is of national
significance and that it is desirable that assistance in connection with the
project be provided under section 33;
the Minister may approve the project for the purposes of that section.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 33
Grants for expenditure in relation to approved multicultural education
projects
SECT
33. (1) Subject to section 34, 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 that is being, or is to be,
carried out by or in the State and has been approved by him under section 32
(including a project that is being, or is to be, carried out in conjunction
with, or as part of, a project that is being, or is to be, carried out by or
in another State or by the Commonwealth or in a Territory), 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 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, in respect of commitments already undertaken or to be undertaken not
later than 31 December 1981, for the purpose of meeting expenditure in
relation to the project; and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1982 or such later date as the Minister approves) 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.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 34
Limit on grants under section 33
SECT
34. The Minister shall not authorize payments to the States under section 33
that exceed, in the aggregate, the amount specified in Part II of Schedule 8.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 34A
Approval of bodies as approved ethnic education authorities
SECT
34A. (1) Where the Minister is satisfied that a body, whether incorporated
or unincorporated, is providing, or proposes to provide, a program of ethnic
education, the Minister may approve that body as an approved ethnic education
authority for the purposes of this Act.
(2) In this section:
"program of ethnic education" means a program of instruction, on a part-time
basis, the sole or principal purpose of which is to teach students undertaking
the program a language (not being the English language), either alone or in
conjunction with ethnic cultural instruction (other than instruction that is
wholly or predominantly of a political or religious nature) related to people
speaking that language as their native language;
"student", in relationto a program of ethnic education, means:
(a) a person who is undertaking primary or secondary education at either a
government or a non-government school; or
(b) a person (other than a person referred to in paragraph (a) or a person
who has attained, or will, before 1 January 1982, attain, the age of 20 years)
who is undertaking, either on a full-time basis or on a part-time basis,
technical and further education within the meaning of that expression in the
Tertiary Education Commission Act 1977 at an institution that is a technical
and further education institution within the meaning of that expression in
that Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 34B
Approval of programs of ethnic education and determination of levels of
funding
SECT
34B. (1) Where an approved ethnic education authority is providing or
proposes to provide, during the year to which this Act applies, otherwise than
for profit, a program of ethnic education, the Minister may approve that
program as an approved program of ethnic education of that authority for the
purposes of section 34C.
(2) Where the Minister approves a program of ethnic education of an approved
ethnic education authority for the purposes of section 34C, the Minister shall
determine an amount (not exceeding $30) to be the level at which financial
assistance is to be provided under section 34C to the approved ethnic
education authority in respect of each student undertaking the program for the
purpose of meeting recurrent expenditure of that authority in connection with
the provision of the program in the year to which this Act applies.
(3) Without limiting the matters to which the Minister may have regard in
deciding for the purposes of subsection (1) whether to approve a program of
ethnic education or in determining a level of assistance in respect of such a
program under subsection (2), he shall have regard to:
(a) the nature of the program;
(b) the number of hours per week during which direct instruction is being,
or is to be, given to students under the program; and
(c) the intended duration of the program.
(4) The Minister shall not approve a program of ethnic education of an
approved ethnic education authority under subsection (1) unless he is
satisfied that:
(a) the program is open to persons irrespective of their ethnic origin; and
(b) no other financial assistance has been or will be provided by the
Commonwealth towards the recurrent expenditure of the authority on the
program.
(5) In this section, "student", in relationto a program of ethnic education,
has the same meaning as in section 34A.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 34C
Grants for approved programs
SECT
34C. (1) 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 ethnic education authority in providing, in that
State, in the year to which this Act applies, an approved program of ethnic
education, of such amounts as the Minister determines, being amounts that do
not exceed, in the aggregate, an amount equal to the product of the amount
that is determined by the Minister under section 34B to be the level at which
financial assistance is to be provided to the approved ethnic education
authority in respect of each student undertaking the program and the number in
relation to the program (not being a number greater than the greatest number
of students enrolled in the program) that is ascertained, in accordance with a
method determined by the Minister, by writing under his hand, for the purposes
of this section, by reference to the numbers of students attending lessons in
the program conducted during the relevant period or the relevant periods, as
the case may be, in relation to the program.
(2) Financial assistance is granted to a State under this section in respect
of recurrent expenditure of an approved ethnic education authority in the
provision, in that State, in the year to which this Act applies, of approved
programs of ethnic education on the conditions that:
(a) subject to paragraph (b), the State will, without undue delay, pay to
the approved ethnic education authority an amount equal to each amount paid to
the State under this section in relation to an approved program of ethnic
education, and, in making the payment, will describe the amount paid to the
approved ethnic education authority as a payment made out of moneys provided
to the State by the Commonwealth under this section;
(b) the State will not make a payment to an approved ethnic education
authority under this section unless the approved ethnic education 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 ethnic education authority will ensure that an amount
equal to the sum of the amounts paid to the authority under this section is
applied for the purpose of meeting recurrent expenditure of the authority in
connection with the provision of approved programs of ethnic education of that
authority in the State in the year to which this Act applies;
(ii) the approved ethnic education authority will cause to be
furnished to the Minister (not later than 31 March 1982 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 subparagraph (i) has
been fulfilled; and
(B) a statement in writing that contains such information in respect
of recurrent expenditure of the authority, and such other financial and
statistical information, in respect of the approved programs of ethnic
education of that authority, as is required by the Minister to be so
furnished;
(iii) the approved ethnic education authority will, in relation to
each approved program of ethnic education of the authority, comply with such
other conditions (if any) as are specified in the approval of the program
under section 34B;
(iv) if the approved ethnic education authority does not fulfil a
condition specified in subparagraph (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 authority under this
section) as the Minister determines should be repaid by the authority; and
(c) if an amount that the approved ethnic education authority is liable to
repay to a State, under the condition referred to in subparagraph (b) (iv), is
repaid by the approved ethnic education authority to the State, or is
recovered by the State from the approved ethnic education authority, the State
will pay to the Commonwealth an amount equal to that amount.
(3) In this section:
(a) a reference to a relevant period, in relation to a program of ethnic
education, shall be construed as a reference to any period commencing and
concluding during the year to which this Act applies that the Minister
determines, by writing under his hand, to be a relevant period in respect of
that program or in respect of a class of programs of ethnic education in which
that program is included; and
(b) "student", in relation to a program of ethnic education, has the same
meaning as in section 34A.
(4) Nothing in subsection (3) shall be taken to prevent the Minister
determining that a period commencing, or commencing and concluding, before the
commencement of this section is a relevant period in relation to a particular
program or to a class of programs.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 35
Grants for expenditure in connection with the education of students receiving
primary education or secondary education in disadvantaged country areas
SECT
35. (1) Subject to section 36, 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 the education of students receiving
primary education or secondary education in disadvantaged country areas 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 the education of students receiving primary
education or secondary education in disadvantaged country areas in the State;
or
(ii) expenditure, in respect of commitments already undertaken or
to be undertaken not later than 31 December 1981, in relation to minor
building projects, or minor equipment projects, in connection with the
education of students receiving primary education or secondary education in
disadvantaged country areas 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 1982 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 1980 - SECT 36
Limits on grants under section 35
SECT
36. The Minister shall not authorize payments to a State under section 35
that exceed, in the aggregate, the amount specified in column 4 of Schedule 3
opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 37
Grants for recurrent expenditure in connection with the education of
children residing in residential institutions
SECT
37. (1) Subject to section 38, 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 the education of children
residing in residential institutions 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 the education of children
residing in residential institutions in the State; and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1982 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 1980 - SECT 38
Limits on grants under section 37
SECT
38. The Minister shall not authorize payments to a State under section 37
that exceed, in the aggregate, the amount specified in column 2 of Schedule 9
opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 39
Approval of programs for integration of handicapped children
SECT
39. (1) Where a program for the integration of handicapped children into a
government school, or a non-government school, that is not a special school is
being, or is to be, carried out by, or in, a State, the Minister may approve
the program for the purposes of section 40.
(2) Where a government school or a non-government school is a school at
which special education for handicapped children and also education other than
special education for handicapped children is provided, the school shall, for
the purposes of subsection (1), be deemed not to be a special school in so far
as it provides education other than special education for handicapped
children.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 40
Grants for expenditure in relation to approved programs for integration of
handicapped children
SECT
40. (1) Subject to section 41, 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 program that is being, or is to be,
carried out by or in the State and has been approved by him under section 39,
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 program 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 in relation to the
program is applied by the State, in respect of commitments already undertaken
or to be undertaken not later than 31 December 1981, for the purpose of
meeting expenditure in relation to the program; and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1982 or such later date as the Minister approves) 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.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 41
Limit on grants under section 40
SECT
41. The Minister shall not authorize payments to the States under section 40
that exceed, in the aggregate, $1,134,500.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 41A
Approval of programs for education of severely handicapped children
SECT
41A. (1) In this section, "relevant institution" means an institution that
provides residential or non-residential care for severely handicapped children
(not being an institution that is a special school) or, in the case of such an
institution at which services other than residential or non-residential care
for severely handicapped children are also provided, that institution in so
far as it provides residential or non-residential care for severely
handicapped children.
(2) Where a program for, or in connection with, the education of severely
handicapped children who need constant care and attention in relevant
institutions or in their own homes is being, or is to be, carried out by or in
a State, the Minister may approve the program for the purposes of section 41B.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 41B
Grants for expenditure in relation to approved programs for education of
severely handicapped children
SECT
41B. (1) Subject to section 41C, 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 program that is being, or is to be,
carried out by or in the State and has been approved by him under section 41A,
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 program 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 in relation to the
program is applied by the State, in respect of commitments already undertaken
or to be undertaken not later than 31 December 1981, for the purpose of
meeting expenditure in relation to the program; and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1982 or such later date as the Minister approves) 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.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 41C
Limit on grants under section 41B
SECT
41C. The Minister shall not authorize payments to the States under section
41B that exceed, in the aggregate, $2,269,000.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 42
Grants for recurrent expenditure in connection with approved service and
development activities
SECT
42. (1) Subject to section 43, 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 approved service and
development activities, 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 approved service and development
activities, being activities which are conducted (in whole or in part) during
the year to which this Act applies; and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1982 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.
(3) In this section:
(a) a reference to expenditure in connection with approved service and
development activities shall be read as including a reference to expenditure
in connection with:
(i) the remuneration of teachers attending approved service and
development activities, being activities:
(A) that involve full-time attendance or substantial part-time
attendance, being full-time or part-time attendance that is, or is the
equivalent of, full-time attendance extending over a period of not less than 2
weeks or are activities approved by the Minister for the purposes of this
section; and
(B) participation in which is not restricted to teachers at
government schools or teachers at non-government schools; and
(ii) the replacement of teachers during a period when they are
attending approved service and development activities of that kind; and
(b) a reference to a teacher shall be read as including a reference to:
(i) a person employed at a school and a person associated with the
administration of a school or a school system, including a government school
system; and
(ii) a person included in a class of persons declared by the Minister
to be a class of persons to be treated as teachers for the purposes of this
section.
(4) For the purposes of this Act, where, immediately before the commencing
day, a declaration was in force for the purposes of subsection 36 (3) of the
States Grants (Schools Assistance) Act 1979, the declaration shall, upon the
commencement of this Act, be deemed to be a declaration made under subsection
(3) of this section.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 43
Limits on grants under section 42
SECT
43. The Minister shall not authorize payments to a State under section 42
that exceed, in the aggregate, the amount specified in column 2 of Schedule 10
opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 44
Grants for recurrent expenditure in connection with the temporary transfer
of teachers etc.
SECT
44. (1) Subject to section 45, 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:
(a) the temporary transfer of teachers at government schools or
non-government schools in Australia to different schools in Australia or New
Zealand or otherwise than to such schools for the purpose of improving the
experience, knowledge or skills, in relation to primary education or secondary
education, of those teachers and of persons with whom they come into contact
during the temporary transfer; or
(b) assisting parents of students at government schools or non-government
schools, and other members of the community interested in education at those
schools, to improve their experience, knowledge or skills in relation to
primary education or secondary education;
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:
(i) the temporary transfer of teachers at government schools or
non-government schools in Australia to different schools in Australia or New
Zealand or otherwise than to such schools for the purpose of improving the
experience, knowledge or skills, in relation to primary education or secondary
education, of those teachers and of persons with whom they come into contact
during the temporary transfer; or
(ii) assisting parents of students at government schools or non-
government schools, and other members of the community interested in education
at those schools, to improve their experience, knowledge or skills in relation
to primary education or secondary education; and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1982 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.
(3) In this section:
(a) a reference to teachers at government schools or non-government schools
shall be read as including a reference to persons other than teachers who are
employed at those schools or are employed in connection with the
administration of those schools;
(b) a reference to schools shall be read as including a reference to schools
in the Territories and to bodies responsible for the administration of schools
included in a school system in a State or Territory; and
(c) a reference to a school system shall be read as including a reference to
a government school system.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 45
Limit on grants under section 44
SECT
45. The Minister shall not authorize payments to the States under section 44
that exceed, in the aggregate, the amount specified in column 2 of Schedule 7.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 46
Grants for expenditure of approved education centres
SECT
46. (1) Subject to section 47, 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 education centre 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 an approved education centre in the State on the conditions
that:
(a) subject to paragraph (b), the State will, without undue delay, pay to
the governing body of the approved education centre an amount equal to each
amount paid to the State under this section in relation to the approved
education centre, and, in making the payment, will describe the amount paid to
the governing body as a payment made out of moneys provided to the State by
the Commonwealth under this section;
(b) the State will not make a payment to the governing body under this
section unless the governing body, 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 governing body will ensure that an amount equal to the sum of
the amounts paid to the governing body under this section is applied for the
purpose of meeting:
(A) recurrent expenditure, in respect of the year to which this Act
applies, of the approved education centre; or
(B) expenditure, in respect of commitments already undertaken or to
be undertaken not later than 31 December 1981, in relation to minor building
projects, or minor equipment projects, in connection with the approved
education centre, being projects that are approved by the Minister for the
purposes of this section;
(ii) the governing body will cause to be furnished to the Minister
(not later than 30 June 1982 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 subparagraph (i) has
been fulfilled; and
(B) a statement, in writing, that contains such information in
respect of the approved education centre as is required by the Minister to be
so furnished;
(iii) if the governing body does not fulfil a condition specified in
subparagraph (i) or (ii), the governing body 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 governing body under this section) as the
Minister determines should be repaid by the governing body; and
(c) if an amount that the governing body is liable to repay to a State,
under the condition referred to in subparagraph (b) (iii), is repaid by the
governing body to the State, or is recovered by the State from the governing
body, the State will pay to the Commonwealth an amount equal to that amount.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 47
Limit on grants under section 46
SECT
47. The Minister shall not authorize payments to the States under section 46
that exceed, in the aggregate, the amount specified in column 3 of Schedule 7.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 48
Approval of special projects
SECT
48. Where:
(a) a project is being, or is to be, carried out in Australia with the sole
or principal object of promoting change or innovation in, or any other matter
relating to, primary education or secondary education in Australia; and
(b) the Minister is satisfied that the project is special in some respect
and that it is desirable that assistance in connection with the project be
provided under section 49;
the Minister may approve the project for the purposes of that section.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 49
Grants for expenditure in relation to approved special projects
SECT
49. (1) Subject to section 50, 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 that is being, or is to be,
carried out by or in the State and has been approved by him under section 48
(including a project that is being, or is to be, carried out in conjunction
with, or as part of, a project that is being, or is to be, carried out by or
in another State or by the Commonwealth or in a Territory), 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 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, in respect of commitments already undertaken or to be undertaken not
later than 31 December 1981, for the purpose of meeting expenditure in
relation to the project; and
(b) the State will cause to be furnished to the Minister (not later than 30
June 1982 or such later date as the Minister approves) 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.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 50
Limit on grants under section 49
SECT
50. The Minister shall not authorize payments to the States under section 49
that exceed, in the aggregate, the amount specified in column 4 of Schedule 7.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 51
Additional condition to which grants of financial assistance under Part
subject
SECT
51. 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 (not being, in the case of section 46, the
condition specified in paragraph (2) (c) of that 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 1980 - PART V
PART V - MISCELLANEOUS
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 52
Minister may fix amounts, and times of payments, of financial assistance
SECT
52. Financial assistance payable to a State under this Act shall be paid in
such amounts, and at such times, as the Minister determines in accordance with
arrangements approved by the Minister for Finance.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 53
Amounts repayable by the States to the Commonwealth
SECT
53. An amount repayable by a State to the Commonwealth in accordance with
any condition provided for in this Act is a debt due by the State to the
Commonwealth.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 54
Advances
SECT
54. The Minister may, with the concurrence of the Minister for Finance, make
arrangements for the making to a State, by way of financial assistance to the
State, of advances on account of an amount that is expected to become payable
under this Act to the State, and the conditions that would be applicable to a
payment of the amount are applicable to any such advance.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 55
Payments to be made out of Consolidated Revenue Fund or Loan Fund
SECT
55. Payments to a State under this Act may be made out of:
(a) in the case of payments under section 5 or 16, and advances under
section 54 on account of payments of that kind - the Consolidated Revenue
Fund or the Loan Fund; or
(b) in any other case - the Consolidated Revenue Fund.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 56
Authority to borrow
SECT
56. The Treasurer may, from time to time, in accordance with the provisions
of the Commonwealth Inscribed Stock Act 1911, or in accordance with the
provisions of an Act authorizing the issue of Treasury Bills, borrow moneys
not exceeding in the aggregate the sum of the amounts that may become payable
to the States under sections 5 and 16 of this Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 57
Application of moneys borrowed
SECT
57. Moneys borrowed under section 56 shall be issued and applied only for
the expenses of borrowing and:
(a) for the purpose of making payments to the States under sections 5 and
16;
(b) for the purpose of making advances under section 54 on account of
payments of that kind; and
(c) for the purpose of making payments to the Consolidated Revenue Fund in
accordance with section 58.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 58
Reimbursement of Consolidated Revenue Fund from Loan Fund
SECT
58. (1) Where a payment under section 5 or 16, or an advance under section
54 on account of a payment of that kind, has been made out of the Consolidated
Revenue Fund, the Minister for Finance may authorize the payment to the
Consolidated Revenue Fund, out of the Loan Fund, of an amount not exceeding
the amount so paid.
(2) In any statement prepared by the Minister for Finance under section 49
or 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund
under subsection (1) of this section shall not be shown as receipts of that
Fund but shall be shown as having reduced the total of the amounts expended
from that Fund under this Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 59
Appropriation
SECT
59. The Consolidated Revenue Fund and the Loan Fund are appropriated as
necessary for the purposes of this Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 60
Delegation by Minister
SECT
60. (1) The Minister may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by him, delegate to the
Commonwealth Schools Commission, or to a full-time member, or to full-time
members, of the Commission, any of his powers under this Act, other than:
(a) this power of delegation;
(b) his power to authorize payments to a State under this Act; or
(c) his powers under subsections 7 (3) and 13 (2), section 14, subsections
17A (2) and 18 (2), (3), (5) and (6), paragraphs 18 (8) (c) and (d),
subsections 19 (2), (3), (5) and (6), paragraphs 19 (8) (c) and (d), section
29, subsection 31 (2) and sections 51, 52 and 54.
(2) A power so delegated, when exercised by the delegate or delegates,
shall, for the purposes of this Act, be deemed to have been exercised by the
Minister.
(3) A delegation under this section does not prevent the exercise of a power
by the Minister.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 61
Determinations to be in writing etc.
SECT
61. Any declaration, approval, authorization, determination, direction or
notification made or given under, or for the purposes of, this Act shall be
made or given by instrument in writing and any declaration, approval,
authorization, determination, direction or notification so made or given, or
deemed to be made or given under, or for the purposes of, this Act, may be
varied or revoked by instrument in writing by the person authorized to make or
give the relevant declaration, approval, authorization, determination,
direction or notification.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 62
Report by Minister
SECT
62. The Minister shall, as soon as practicable after 30 June 1982, cause a
report with respect to the financial assistance granted, and other payments
authorized, by the Minister under this Act, and with respect to the
application of that financial assistance and those payments, to be laid before
each House of the Parliament.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 63
Regulations
SECT
63. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - PART VI
PART VI - AMENDMENTS OF STATES GRANTS (SCHOOLS
ASSISTANCE) ACT 1979
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 64
Principal Act
SECT
64. The States Grants (Schools Assistance) Act 1979 is in this Part referred
to as the Principal Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 65
Schedules
SECT
65. The Schedules to the Principal Act are repealed and the Schedules set
out in Schedule 11 to this Act are substituted.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SECT 66
Directions under Principal Act
SECT
66. A direction given under subsection 13 (3) of the Principal Act shall, by
force of this section, cease to have effect upon the commencement of this Act,
but this section shall not be taken to affect the previous operation of the
direction.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SCHEDULE 1
SCH
SCHEDULE 1 Section 7
GOVERNMENT SCHOOLS - BUILDING AND EQUIPMENT PROJECTS AND
RECURRENT EXPENDITURE
Column 1 Column 2 Column 3 Column 4
Name of State Building and
equipment Recurrent
projects expenditure Totals
$ $ $
New South Wales 34,328,000 94,594,500 128,922,500
Victoria 31,771,000 66,062,000 97,833,000
Queensland 17,062,500 37,558,000 54,620,500
South Australia 11,547,500 24,147,500 35,695,000
Western Australia 10,424,000 22,259,500 32,683,500
Tasmania 3,600,500 7,854,000 11,454,500
Northern Territory 1,436,500 2,302,000 3,738,500
Totals 110,170,000 254,777,500 364,947,500
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SCHEDULE 2
SCH
SCHEDULE 2 Sections 9 and 23
RECURRENT EXPENDITURE - MIGRANT EDUCATION
Column 1 Column 2 Column 3 Column 4
Name of State Government Non-Government
schools schools Totals
$ $ $
New South Wales 10,851,500 4,534,500 15,386,000
Victoria 12,159,500 4,465,000 16,624,500
Queensland 1,642,000 727,500 2,369,500
South Australia 3,738,500 1,211,000 4,949,500
Western Australia 1,885,500 1,650,000 3,535,500
Tasmania 491,500 25,000 516,500
Northern Territory 139,000 .. 139,000
Totals 30,907,500 12,613,000 43,520,500
New South Wales 34,328,000 94,594,500 128,922,500
Victoria 31,771,000 66,062,000 97,833.000
Queensland 17,062,500 37,558,000 54,620,500
South Australia 11,547,500 24,147,500 35,695,000
Western Australia 10,424,000 22,259,500 32,683,500
Tasmania 3,600,500 7,854,000 11,454,500
Northern Territory 1,436,500 2,302,000 3,738,500
Totals 110,170,000 254,777,500 364,947,500
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SCHEDULE 3
SCH
SCHEDULE 3 Sections 11, 26 and 36
DISADVANTAGED SCHOOLS AND DISADVANTAGED COUNTRY AREAS
Column 1 Column 2 Column 3 Column 4 Column 5
Name of State Disadvantaged Disadvantaged Disadvantaged
government non-government country
schools schools areas Totals
$ $ $ $
New South Wales 8,246,000 1,308,500 1,802,500 11,357,000
Victoria 8,264,500 1,529,500 1,022,500 10,816,500
Queensland 2,387,500 224,500 1,483,500 4,095,500
South Australia 2,280,000 286,000 486,000 3,052,000
Western Australia 1,447,000 179,500 1,032,000 2,658,500
Tasmania 499,000 69,500 351,000 919,500
Northern Territory 235,000 21,500 137,000 393,500
Totals 23,359,000 3,619,000 6,314,50 33,292,500
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SCHEDULE 4
SCH
SCHEDULE 4 Sections 13 and 28
SPECIAL SCHOOLS
Column 1 Column 2 Column 3 Column 4
Name of State Government Non-government
special special
schools schools Totals
$ $ $
New South Wales 5,816,000 1,252,000 7,068,000
Victoria 3,982,500 1,543,000 5,525,500
Queensland 2,092,500 923,500 3,016,000
South Australia 1,560,500 146,500 1,707,000
Western Australia 1,331,000 203,500 1,534,500
Tasmania 551,000 .. 551,000
Northern Territory 132,000 .. 132,000
Totals 15,465,500 4,068,500 19,534,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SCHEDULE 5
SCH
SCHEDULE 5 Section 17
NON-GOVERNMENT SCHOOLS - BUILDING AND EQUIPMENT PROJECTS
Column 1 Column 2
Name of State Amounts
$
New South Wales 11,119,500
Victoria 10,882,500
Queensland 5,056,000
South Australia 2,138,000
Western Australia 2,644,000
Tasmania 677,500
Northern Territory 521,000
Total 33,038,500
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SCHEDULE 5A
SCH
SCHEDULE 5A Section 17A
NON-GOVERNMENT SCHOOLS - BUILDING AND EQUIPMENT PROJECTS
RELATING TO FACILITIES FOR ADDITIONAL STUDENTS
Column 1 Column 2
Name of State Amounts
$
New South Wales 1,553,000
Victoria 1,657,000
Queensland 1,500,000
South Australia 723,000
Western Australia 1,203,000
Tasmania 336,000
Northern Territory 447,000
Total 7,419,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SCHEDULE 6
SCH
SCHEDULE 6 Sections 18 and 19
RECURRENT EXPENDITURE - LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SCHOOLS
Column 1 Column 2 Column 3
Level of assistance Amount per primary Amount per secondary
school student school student
$ $
1 234 353
2 260 415
3 260 415
4 351 540
5 377 581
6 467 727
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SCHEDULE 7
SCH
SCHEDULE 7 Sections 20, 45, 47 and 50
MISCELLANEOUS GRANTS
Column 1 Column 2 Column 3 Column 4
Total of all Total of all grants Total of all Total of
additional grants under section 44 for grants under all grants
under section temporary transfer section 46 under section
18 and 19 for of teachers, andc for approved 49 for
non-government education approved
schools in need . centres special
of short-term projects
emergency assistance $ $ $ $
679,500 143,000 1,783,500 3,695,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SCHEDULE 8
SCH
SCHEDULE 8 Sections 31 and 34
MULTICULTURAL EDUCATION PART I AMOUNTS OF GRANTS TO STATES
Column 1 Column 2
Name of State Amounts
$
New South Wales 1,160,500
Victoria 944,500
Queensland 498,500
South Australia 323,500
Western Australia 295,000
Tasmania 105,500
Northern Territory 39,500
Total 3,367,000
PART II GRANTS IN RELATION TO APPROVED MULTICULTURAL EDUCATION PROJECTS
TOTAL OF GRANTS $299,500
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SCHEDULE 9
SCH
SCHEDULE 9 Section 38
RESIDENTIAL INSTITUTIONS
Column 1 Column 2
Name of State Amounts
$
New South Wales 592,500
Victoria 478,000
Queensland 250,000
South Australia 156,000
Western Australia 144,500
Tasmania 52,000
Northern Territory 15,000
Total 1,688,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980 - SCHEDULE 10
SCH
SCHEDULE 10< Section 43
SERVICE AND DEVELOPMENT ACTIVITIES
Column 1 Column 2
Name of State Amounts
$
New South Wales 4,933,000
Victoria 3,942,500
Queensland 2,121,500
South Australia 1,263,000
Western Australia 1,207,000
Tasmania 416,500
Northern Territory 151,000
Total< 14,034,500
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