States Grants (Schools Assistance) Act 1981 (Cth)
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981
- Updated as at 7 June 1994 (#DATE 07:06:1994)
- Updated as at 7 June 1994 (#DATE 07:06:1994)
*1* The States Grants (Schools Assistance) Act 1981 as shown in this reprint comprises Act No. 162, 1981 amended as indicated in the Tables below.
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
States Grants (Schools Assistance) Act 1981
162, 1981 19 Nov 1981 S. 71: 25 May 1981
Remainder: Royal
Assent
States Grants (Schools Assistance) Act 1982
129, 1982 13 Dec 1982 13 Dec 1982 S. 78
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983
39, 1983 20 June 1983 S. 3: (a) S. 7 (1)
(a) The States Grants (Schools Assistance) Act 1981 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2 (19) of which provides as follows:
"(19) The amendments of the States Grants (Schools Assistance) Act 1981 made by this Act shall be deemed to have come into operation on 19 November 1981."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 4A ad. No. 129, 1982
S. 10 am. No. 129, 1982; No. 39, 1983
S. 11 am. No. 129, 1982
S. 22 am. No. 129, 1982
Ss. 25, 26 am. No. 129, 1982; No. 39, 1983
S. 27 am. No. 129, 1982
S. 52 am. No. 129, 1982
S. 55 am. No. 129, 1982
Schedules 1-11 rs. No. 129, 1982
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Schools and areas with respect to which special provision is made
etc.
4A. Determination of levels of funding for eligible new arrivals
PART II - GOVERNMENT SCHOOLS PROGRAMS
5. Grants for building projects and equipment projects in connection
with government schools
6. Limits on grants under section 5
7. Grants for recurrent expenditure in connection with government
schools
8. Limits on grants under section 7
9. Grants for recurrent expenditure in connection with general
education in English as a second language provided in connection
with government schools
10. Grants for recurrent expenditure in connection with education in
English as a second language for eligible new arrivals provided in
connection with government schools
11. Limits on grants under section 9
12. Grants for expenditure in connection with government disadvantaged
schools
13. Limits on grants under section 12
14. Grants for expenditure in connection with special education at
government schools etc.
15. Limits on grants under section 14 etc.
16. Additional conditions to which grants of financial assistance under
Part subject
PART III - NON-GOVERNMENT SCHOOLS PROGRAMS
17. Approval of building projects and equipment projects in connection
with non-government schools
18. Grants for building projects and equipment projects in connection
with non-government schools
19. Limits on grants under section 18 etc.
20. Grants for recurrent expenditure of systemic schools
21. Grants for recurrent expenditure of non-systemic schools
22. Limit on additional grants for schools in need of short-term
emergency assistance
23. Grants for recurrent expenditure in connection with general
education in English as a second language provided in connection
with systemic schools
24. Grants for recurrent expenditure in connection with general
education in English as a second language provided in connection
with non-systemic schools
25. Grants for recurrent expenditure in connection with education in
English as a second language for eligible new arrivals provided in
connection with systemic schools
26. Grants for recurrent expenditure in connection with education in
English as a second language for eligible new arrivals provided in
connection with non-systemic schools
27. Limits on grants under sections 23 and 24
28. Grants for expenditure of systemic disadvantaged schools
29. Grants for expenditure of non-systemic disadvantaged schools
30. Limits on grants under sections 28 and 29
31. Grants for expenditure in connection with special education at
non-government schools etc.
32. Limits on grants under section 31
33. Additional conditions to which grants of financial assistance under
Part subject
PART IV - JOINT GOVERNMENT AND NON-GOVERNMENT SCHOOLS PROGRAMS
34. Grants for recurrent expenditure in connection with multicultural
education
35. Limits on grants under section 34
36. Approval of multicultural education projects of national
significance
37. Grants for expenditure in relation to approved multicultural
education projects of national significance
38. Limit on grants under section 37
39. Approval of bodies as approved ethnic schools authorities
40. Approval of programs of ethnic education and determination of
levels of funding
41. Grants for approved programs of ethnic education
42. Grants for expenditure in connection with the education of students
receiving primary education or secondary education in prescribed
country areas
43. Limits on grants under section 42
44. Grants for recurrent expenditure in connection with the education
of children residing in residential institutions
45. Limits on grants under section 44
46. Approval of programs for education of severely handicapped children
47. Grants for expenditure in relation to approved programs for
education of severely handicapped children
48. Limits on grants under section 47
49. Grants for recurrent expenditure in connection with approved
professional development activities
50. Limits on grants under section 49
51. Grants for expenditure of approved education centres
52. Limit on grants under section 51
53. Approval of special projects or special programs
54. Grants for expenditure in relation to approved special projects or
approved special programs
55. Limit on grants under section 54
56. Additional conditions to which grants of financial assistance under
Part subject
PART V - MISCELLANEOUS
57. Minister may fix amounts, and times of payments, of financial
assistance
58. Amounts repayable by the States to the Commonwealth
59. Advances
60. Payments to be made out of Consolidated Revenue Fund or Loan Fund
61. Authority to borrow
62. Application of moneys borrowed
63. Reimbursement of Consolidated Revenue Fund from Loan Fund
64. Appropriation
65. Delegation by Minister
66. Determinations to be in writing etc.
67. Report by Minister
68. Regulations
PART VI - AMENDMENTS OF STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980
69. Principal Act
70. Limit on grants under section 40
71. Approval of programs for education of severely handicapped children
72. Limit on grants under section 41B
73. Schedules
SCHEDULE 1
GOVERNMENT SCHOOLS - BUILDING AND EQUIPMENT PROJECTS AND RECURRENT
EXPENDITURE
SCHEDULE 2
GOVERNMENT SCHOOLS - GENERAL EDUCATION IN ENGLISH AS A SECOND LANGUAGE
SCHEDULE 3
DISADVANTAGED SCHOOLS AND PRESCRIBED COUNTRY AREAS
SCHEDULE 4
SPECIAL EDUCATION (INCLUDING INTEGRATION ACTIVITIES)
SCHEDULE 5
NON-GOVERNMENT SCHOOLS - BUILDING AND EQUIPMENT PROJECTS
SCHEDULE 6
RECURRENT EXPENDITURE - LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SCHOOLS
SCHEDULE 7
NON-SYSTEMIC SCHOOLS - SUPPLEMENTARY ESTABLISHMENT GRANTS
SCHEDULE 8
MISCELLANEOUS GRANTS
SCHEDULE 9
MULTICULTURAL EDUCATION
PART I - AMOUNTS OF GRANTS TO STATES
PART II - GRANTS IN RELATION TO APPROVED MULTICULTURAL EDUCATION
PROJECTS OF NATIONAL SIGNIFICANCE
SCHEDULE 10
RESIDENTIAL INSTITUTIONS AND SEVERELY HANDICAPPED CHILDREN
SCHEDULE 11
PROFESSIONAL DEVELOPMENT ACTIVITIES
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - LONG TITLE SECT
An Act relating to the grant of financial assistance to the States and the
Northern Territory for and in relation to schools and other matters
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - PART I
PART I - PRELIMINARY
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 1
Short titleSECT
1. This Act may be cited as the States Grants (Schools Assistance) Act 1981.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 2
CommencementSECT
2. (1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.*1*
(2) Section 71 shall be deemed to have come into operation on 25 May 1981. SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 3
InterpretationSECT
3. (1) In this Act, unless the contrary intention appears:
"approved authority", in relation to an approved school system, a non-government school or a non-government centre, means such person or body as the Minister declares to be the approved authority of that school system, of that school or of that centre, as the case may be, for the purposes of this Act;
"approved education centre" means an education centre approved by the Minister under subsection 4 (6);
"approved ethnic schools authority" means a body approved by the Minister under section 39 as an approved ethnic schools authority for the purposes of this Act;
"approved professional 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;
"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;
"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 of 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 referred to in section 4 of the Commonwealth Schools Commission Act 1973;
"disadvantaged school" means:
(a) a government school in a State that the State Education Minister for the State notifies the Commonwealth Education Minister, under subsection 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 subsection 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 1982, 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;
"education in English as a second language for eligible new arrivals" means education that is provided for the purpose of teaching, by means of intensive instruction, the English language to eligible new arrivals;
"eligible new arrival" means a person whose first language is a language (not being the English language) of a country other than Australia and who arrived in Australia after 31 July 1981;
"equipment project" means a project for or in relation to the provision of equipment, library material or furniture;
"general education in English as a second language" means education that is provided:
(a) for the purpose of teaching the English language to persons whose first language is a language (not being the English language) of a country other than Australia; and
(b) for the purpose of giving instruction to those persons and other persons in relation to the various cultures of peoples who have migrated to Australia;
"government centre" means a centre in a State providing special education that is conducted by or on behalf of the Government of the State;
"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;
"in-service teacher training" means teacher training of persons in employment as teachers at government schools or non-government schools;
"integration activities" means activities the purpose of which is to integrate handicapped children into schools at which education is provided for children other than handicapped children;
"library material" includes books, periodicals, newspapers, films, sound recordings, musical scores, maps, plans, pictures, photographs and prints;
"multicultural education" means education, not being education contained in a program of ethnic education, that is provided for students attending government or non-government schools and that is designed to take account of the culture of peoples of the Aboriginal race of Australia or of peoples who have migrated to Australia, including, without limiting the generality of the foregoing, education that is provided by way of instruction in languages (other than the English language) spoken by those peoples;
"non-government centre" means a centre in a State providing special education that is not conducted by or on behalf of the Government of the State, but does not include a centre conducted for the profit, direct or indirect, of an individual or individuals;
"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-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;
"prescribed country area" means an area in a State that the State Education Minister for the State notifies the Commonwealth Education Minister, under subsection 4 (4), is an area that should, in the opinion of the State Education Minister, be treated as a prescribed country area for the purposes of this Act;
"previous schools assistance Act" means the States Grants (Schools Assistance) Act 1980 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, or to the States and the Northern Territory, in relation to schools;
"special education" means education under special programs designed specifically for handicapped children that is provided in classes conducted at schools, or in classes conducted at centres other than schools being classes similar to classes conducted at schools under such programs;
"State Education Minister" means:
(a) in relation to a State - the Minister of the Crown of the State who is responsible, or principally responsible, for the administration of matters relating to primary education and secondary education in the State; and
(b) in relation to the Northern Territory - the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to primary education and secondary education in the Northern Territory;
"student" means:
(a) in relation to a program of ethnic education:
(i) a person who is undertaking primary education or
secondary education at a government school or a non-government school; or
(ii) a person (other than a person referred to in subparagraph (i) or a
person who has attained, or will, before 1 January 1983, 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 Commonwealth 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; or
(b) in any other case - 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 syst em and that the Minister declares to be a systemic school for the purposes of this Act;
"year" means a year commencing on 1 January.
(2) A reference in this Act to a State shall, unless the contrary intention appears, be read as including a reference to the Northern Territory and a reference in this Act to a Territory shall, unless the contrary intention appears, be read as not including a reference to the Northern Territory.
(3) References in this Act to government primary schools, government secondary schools, non-government primary schools, non-government secondary schools, systemic schools and non-systemic schools shall not be taken, by reason of the express references in this Act to special education, as not including references to such schools at which special education is provided.
(4) 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.
(5) 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 and to residential institutions, as not including references to disadvantaged 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 and to residential institutions, as not including references to disadvantaged 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 and to residential institutions, as not including references to disadvantaged 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 and to residential institutions, as not including references to disadvantaged schools and residential institutions that are non-systemic schools.
(6) 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 subsection 3 (1) of the States Grants (Schools Assistance) Act 1980, the declaration shall, on and after that day, 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 subsection (1) of this section.
(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 subsection 3 (1) of the States Grants (Schools Assistance) Act 1980, the approval shall, on and after that day, be deemed to be an approval given under this Act for the purposes of paragraph (c) of the definition of "certificate by a qualified accountant" in subsection (1) of this section.
(8) For the purposes of this Act, the reference in paragraph (b) of the definition of "building project" in subsection (1) to the purchase of land, with or without buildings, shall, in relation to building projects in connection with non-government primary schools and non-government secondary schools, be read as including a reference to the taking on lease of land or buildings.
(9) 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.
(10) In subsection (9), 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 18 (2) (b), 20 (9) (b), 21 (9) (b), 23 (2) (b), 24 (2) (b), 25 (2) (b), 26 (2) (b), 28 (2) (b), 29 (2) (b), 31 (2) (c), 41 (2) (b) or 51 (2) (b).
(11) In subsections (9) and (10), 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, an approved authority of a non-government centre, a governing body of an approved education centre or an approved ethnic schools authority, as the case requires.
(12) 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 1981 - SECT 4
Schools and areas with respect to which special provision is made etc.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 1982, greater than the number of students that the Commonwealth Education Minister has, under subsection (3), 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 subsection (1), the approved maximum number of students in relation to government disadvantaged schools in the State in respect of the year 1982, and shall notify the State Education Minister of that number.
(4) Where, in the opinion of the State Education Minister for a State, a country area of the State should be treated as a prescribed country area by reason that the students, or a substantial number of the students, receiving primary education or secondary education in the area would benefit from:
(a) programs of education designed to alleviate educational disadvantages arising from the restricted access of the students to social and cultural activities and to educational services; or
(b) experimental programs of education designed to improve the ways of providing educational services to students in country areas;
the State Education Minister may notify the Commonwealth Education Minister that the area should, in the opinion of the State Education Minister, be treated as a prescribed 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 enrolments 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 1980, the State Education Minister for the State shall, on that day, be deemed to have notified the Commonwealth Education Minister under subsection (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 subsection 4 (2) of the States Grants (Schools Assistance) Act 1980, the declaration shall, on and after that day, be deemed to be a declaration made under subsection (2) of this section.
(9) For the purposes of this Act, where, immediately before the commencing day, an approval was in force for the purposes of subsection 4 (6) of the States Grants (Schools Assistance) Act 1980, the approval shall, on and after that day, be deemed to be an approval given under subsection (6) of this section.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 4A
Determination of levels of funding for eligible new arrivalsSECT
4A. For the purposes of sections 10, 25 and 26, the Minister shall determine an amount (not exceeding $795) to be the level at which financial assistance is to be provided under those sections in respect of each eligible new arrival receiving education in English as a second language.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - PART II
PART II - GOVERNMENT SCHOOLS PROGRAMS
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 5
Grants for building projects and equipment projects in connection with
government schoolsSECT
5. (1) Subject to section 6, 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 condition that 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 1982, 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.
(3) Subject to subsection 3 (9), a State may, for the purposes of this section, treat amounts that have been applied by the State after 30 September 1981 and before the commencing day, for the purpose of meeting expenditure in relation to a building project or equipment project in connection with a government primary school or a government secondary school in the State, as having been so applied by the State after that day.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 6
Limits on grants under section 5SECT
6. 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.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 7
Grants for recurrent expenditure in connection with government schoolsSECT
7. (1) Subject to section 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 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 condition that 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 1982, in connection with those schools.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 8
Limits on grants under section 7SECT
8. The Minister shall not authorize payments to a State under section 7 that exceed, in the aggregate, the amount specified in column 3 of Schedule 1 opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 9
Grants for recurrent expenditure in connection with general education in
English as a second language provided in connection with government schoolsSECT
9. (1) Subject to section 11, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with general education in English as a second language provided at or in connection with government schools in the State, of such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section on the condition that 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 1982, in connection with general education in English as a second language provided at or in connection with government schools in the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 10
Grants for recurrent expenditure in connection with education in English as a
second language for eligible new arrivals provided in connection with
government schoolsSECT
10. (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 in connection with education in English as a second language for eligible new arrivals provided at or in connection with government schools in the State, 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 4A to be the level at which financial assistance is to be provided in respect of each eligible new arrival receiving education in English as a second language and the number of eligible new arrivals who will receive that education provided at or in connection with government schools in the State.
(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 courses commencing in 1982, in connection with education in English as a second language for eligible new arrivals provided at or in connection with government schools in the State; and
(b) the State will ensure that each eligible new arrival for whom a course of that education is provided, commencing in that year, at or in connection with a government school in the State:
(i) enrolled in the course before 1 May 1982 or before the date
occurring 6 months after the date of his arrival in Australia, whichever is the later date;
(ii) at the time of enrolling in the course, is undertaking, or has an
intention to undertake either before or as soon as practicable after his completion of the course, primary education or secondary education at a government school or non-government school; and
(iii) if he arrived in Australia before 1 October 1981 - did not
undertake, or commence to undertake, in Australia, a course similar to that course before that date.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 11
Limits on grants under section 9SECT
11. (1) The Minister shall not authorize payments to a State under section 9 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 1981 - SECT 12
Grants for expenditure in connection with government disadvantaged schoolsSECT
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 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 condition that 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:
(a) recurrent expenditure, in respect of the year 1982, in connection with government disadvantaged schools in the State; or
(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1982, in relation to minor building projects, or minor equipment projects, in connection with government disadvantaged schools in the State, being projects:
(i) the total expenditure in relation to each of which is, or will be,
less than $30,000; or
(ii) that are approved by the Minister for the purposes of this section.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 13
Limits on grants under section 12SECT
13. 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 3 opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 14
Grants for expenditure in connection with special education at government
schools etc.SECT
14. (1) Subject to section 15, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with special education provided at or in connection with government schools or government centres in the State, of such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section on the condition that 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 1982, in connection with special education provided at or in connection with government schools or government centres in the State and, in particular, will ensure that such part of that amount as is not less than the amount specified in column 3 of Schedule 4 opposite to the name of the State is so applied in connection with integration activities conducted at government schools in the State.
(3) For the purposes of subsection (2), financial assistance applied by a State for the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1982, in relation to minor building projects, or minor equipment projects, in connection with integration activities conducted at government schools in the State, being projects:
(a) the total expenditure in relation to each of which is, or will be, less than $30,000; or
(b) that are approved by the Minister for the purposes of this section;
shall be deemed to be financial assistance that has been applied by that State for the purpose of meeting recurrent expenditure in connection with such integration activities.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 15
Limits on grants under section 14 etc.SECT
15. (1) The Minister shall not authorize payments to a State under section 14 that exceed, in the aggregate, the amount specified in column 2 of Schedule 4 opposite to the name of the State.
(2) At any time, and from time to time, during the year 1982, but subject to subsection (3), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act shall have effect as if the amounts specified in columns 2 and 4 of Schedule 4 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this section), 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) in relation to a State 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 4 of Schedule 4 opposite to the name of the State is greater or less than the aggregate of the amounts specified in those columns opposite to the name of the State immediately before the giving of the direction.
(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 1981 - SECT 16
Additional conditions to which grants of financial assistance under Part
subjectSECT
16. (1) Financial assistance is granted to a State under section 5 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1983 or such later date as the Minister approves):
(a) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in subsection 5 (2) has been fulfilled; and
(b) a statement, in writing, that specifies:
(i) the projects (not including a project the total expenditure in
relation to which was less than $30,000) in relation to which the amount applied by the State in pursuance of the condition specified in subsection 5 (2) has been applied, the amount so applied in relation to each of those projects and the total of those amounts; and
(ii) the amount applied by the State in pursuance of the condition
specified in subsection 5 (2) in relation to projects the total expenditure in relation to each of which was less than $30,000.
(2) Financial assistance is granted to a State under section 7, 9, 10, 12 or 14 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1983 or such later date as the Minister approves in relation to the grant):
(a) a certificate by an authorized person to the effect that the person has satisfied himself that the condition or conditions specified in subsection 7 (2), 9 (2), 10 (2), 12 (2) or 14 (2), as the case may be, has or have been fulfilled; and
(b) a statement, in accordance with a form approved by the Minister, that summarizes, in respect of government schools, the manner in which the amount applied by the State in pursuance of the conditions or condition so specified has been so applied.
(3) 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 this Part with respect to that grant, 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 1981 - PART III
PART III - NON-GOVERNMENT SCHOOLS PROGRAMS
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 17
Approval of building projects and equipment projects in connection with
non-government schoolsSECT
17. (1) For the purposes of section 18, the Minister may, subject to subsection (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 subsection (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 1981 - SECT 18
Grants for building projects and equipment projects in connection with
non-government schoolsSECT
18. (1) Subject to section 19, 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 17, 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 17 (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 1982, 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 subparagraph (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 17;
(iv) if the approved 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 approved authority under this section in relation to the project) as the Minister determines should be repaid by the approved authority.
(3) Subject to subsection 3 (9), the approved authority of a non-government school may, for the purposes of this section, treat amounts that have been applied before the commencing day, for the purpose of meeting expenditure in relation to a project approved under section 17, as having been so applied after that day.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 19
Limits on grants under section 18 etc.SECT
19. (1) The Minister shall not authorize payments to a State under section 18 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 1982, but subject to subsection (3), the Minister may direct 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 direction, and, where the Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this section), 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 specified in column 2 of Schedule 5 in such a way that, after the variation, the aggregate of the amounts specified in that column opposite to the names of States is greater or less than the total amount for all the States specified in 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 1981 - SECT 20
Grants for recurrent expenditure of systemic schoolsSECT
20. (1) Until the Minister causes to be published in the Gazette a list of approved school systems in accordance with subsection (2), references in this section to the list of approved school systems shall, unless the contrary intention appears, be read as references to:
(a) the list prepared in accordance with subsection 18 (2) of the States Grants (Schools Assistance) Act 1980, or that list as varied under that Act before the commencing day; or
(b) if the list referred to in paragraph (a) is varied on or after the commencing day under subsection (3), (5) or (6), that list as so varied.
(2) The Minister may cause to be published in the Gazette the list referred to in paragraph (1) (a) or, if that list is varied under subsection (3), (5) or (6) on or after the commencing day and before the publication of that list in the Gazette, 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 subsection (3), (5) or (6), 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 1982.
(4) The Minister shall, in determining for the purposes of subsection (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 1982, 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 1982, 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 1982.
(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 subsection (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 of the 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 22, 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 1982, in connection with those last-mentioned schools;
(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 1982, 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 1982, 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 1982, 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 1983 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 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
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.
(10) For the purposes of this section, a reference in the list prepared in accordance with subsection 18 (2) of the States Grants (Schools Assistance) Act 1980, or in that list as varied under that Act before the commencing day, to a level of assistance the number of which is specified in column 1 of the table in this subsection shall be read as a reference to the level of assistance the number of which is specified in column 2 of that table opposite to the first-mentioned number.
Column 1 Column 2
Level of assistance Level of assistance
under 1980 Act for purposes of this
section
1 1
2 1
3 1
4 2
5 2
6 3
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 21
Grants for recurrent expenditure of non-systemic schoolsSECT
21. (1) Until the Minister causes to be published in the Gazette a list of non-systemic schools in accordance with subsection (2), references in this section to the list of non-systemic schools shall, unless the contrary intention appears, be read as references to:
(a) the list prepared in accordance with subsection 19 (2) of the States Grants (Schools Assistance) Act 1980, or that list as varied under that Act before the commencing day; or
(b) if the list referred to in paragraph (a) is varied on or after the commencing day under subsection (3), (5) or (6), that list as so varied.
(2) The Minister may cause to be published in the Gazette the list referred to in paragraph (1) (a) or, if that list is varied under subsection (3), (5) or (6) on or after the commencing day and before the publication of that list in the Gazette, 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 subsection (3), (5) or (6), 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 1982.
(4) The Minister shall, in determining for the purposes of subsection (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 1982, 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 1982, 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 1982.
(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 subsection (3), (5) or (6) to be published i n 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 paragraphs (b) and (c) 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 came or comes into existence (otherwise than by virtue of its ceasing to be a systemic school) in a year specified in column 1 of Schedule 7, an amount equal to the sum of the following amounts:
(i) an amount equal to the product of the amount specified in column 2
of that Schedule opposite to that year and the number of students receiving primary education at the school on the census date;
(ii) an amount equal to the product of the amount specified in column 3
of that Schedule opposite to that year and the number of students receiving secondary education at the school on the census date;
(d) if the school is a school in need of short-term emergency assistance, an amount equal to such amount as the Minister, subject to section 22, 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 1982, of the school;
(e) if primary education or secondary education is provided at the school for part-time students as well as for full-time students, an amount equal to such amount (if any) as the Minister determines to be the amount of assistance to be provided to the school for the purpose of meeting recurrent expenditure, in respect of the year 1982, 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 1982, of the school;
(ii) the approved authority will cause to be furnished to the Minister
(not later than 30 June 1983 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 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.
(10) For the purposes of this section, a reference in the list prepared in accordance with subsection 19 (2) of the States Grants (Schools Assistance) Act 1980, or in that list as varied under that Act before the commencing day, to a level of assistance the number of which is specified in column 1 of the table in this subsection shall be read as a reference to the level of assistance the number of which is specified in column 2 of that table opposite to the first-mentioned number.
Column 1 Column 2
Level of Level of
assistance under assistance for
1980 Act purposes of
this section
1 1
2 1
3 1
4 2
5 2
6 3
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 22
Limit on additional grants for schools in need of short-term emergency
assistanceSECT
22. The amounts determined by the Minister under paragraph 20 (8) (c) in relation to systemic schools, and the amounts determined by the Minister under paragraph 21 (8) (d) in relation to non-systemic schools, shall not exceed, in the aggregate, the amount specified in column 1 of Schedule 8.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 23
Grants for recurrent expenditure in connection with general education in
English as a second language provided in connection with systemic schoolsSECT
23. (1) Subject to section 27, 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 general education in English as a second language 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 general education in English as a second language 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 1982, of those schools, and of the approved authority in respect of those schools, in such proportions as the Minister determines, in connection with general education in English as a second language 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 1983 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 general education in English as a second language provided at or in connection with 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
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 1981 - SECT 24
Grants for recurrent expenditure in connection with general education in
English as a second language provided in connection with non-systemic schoolsSECT
24. (1) Subject to section 27, 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 general education in English as a second language 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 the State in connection with general education in English as a second language 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 1982, of the school in connection with general education in English as a second language 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 1983 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 general education in English as a second language provided at or in connection with 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 1981 - SECT 25
Grants for recurrent expenditure in connection with education in English as a
second language for eligible new arrivals provided in connection with systemic
schoolsSECT
25. (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 school system in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with systemic schools in the school system, 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 4A to be the level at which financial assistance is to be provided in respect of each eligible new arrival receiving education in English as a second language and the number of eligible new arrivals who will receive that education provided at or in connection with systemic schools in that school system.
(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 education in English as a second language for eligible new arrivals 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 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 courses commencing in 1982, of those schools, and of the approved authority in respect of those schools, in such proportions as the Minister determines, in connection with education in English as a second language for eligible new arrivals provided at or in connection with those schools;
(ii) the approved authority will ensure that each eligible new arrival
for whom a course of that education is provided, commencing in that year, at or in connection with a systemic school in the approved school system:
(A) enrolled in the course before 1 May 1982 or before the date
occurring 6 months after the date of his arrival in Australia, whichever is the later date;
(B) at the time of enrolling in the course, is undertaking, or
has an intention to undertake either before or as soon as practicable after his completion of the course, primary education or secondary education at a government school or non-government school; and
(C) if he arrived in Australia before 1 October 1981 - did not
(b) the State will cause to be furnished to the Minister (not later than 30 June 1983 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 1981 - SECT 38
Limit on grants under section 37SECT
38. The Minister shall not authorize payments to the States under section 37 that exceed, in the aggregate, the amount specified in Part II of Schedule 9.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 39
Approval of bodies as approved ethnic schools authoritiesSECT
39. 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 schools authority for the purposes of this Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 40
Approval of programs of ethnic education and determination of levels of
fundingSECT
40. (1) Where an approved ethnic schools authority is providing or proposes to provide, during the year 1982, 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 41.
(2) Where the Minister approves a program of ethnic education of an approved ethnic schools authority for the purposes of section 41, the Minister shall determine an amount (not exceeding $30) to be the level at which financial assistance is to be provided under section 41 to the approved ethnic schools 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 1982.
(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 schools 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.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 41
Grants for approved programs of ethnic educationSECT
41. (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 schools authority in providing, in that State, in the year 1982, 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 40 to be the level at which financial assistance is to be provided to the approved ethnic schools 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 schools authority in connection with the provision, in the State, in the year 1982, 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 schools 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 schools 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 schools authority under this section unless the approved ethnic schools 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 schools 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 1982;
(ii) the approved ethnic schools authority will cause to be furnished to
the Minister (not later than 31 March 1983 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 schools 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 40;
(iv) if the approved ethnic schools authority does not fulfill 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 schools authority is liable to repay to the State, under the condition referred to in subparagraph (b) (iv), 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.
(3) In this section, 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 1982 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.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 42
Grants for expenditure in connection with the education of students receiving
primary education or secondary education in prescribed country areasSECT
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 expenditure in connection with the education of students receiving primary education or secondary education in prescribed 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 condition that 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:
(a) recurrent expenditure, in respect of the year 1982, in connection with the education of students receiving primary education or secondary education in prescribed country areas in the State; or
(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1982, in relation to minor building projects, or minor equipment projects, in connection with the education of students receiving primary education or secondary education in prescribed country areas in the State, being projects:
(i) the total expenditure in relation to each of which is, or will be,
less than $30,000; or
(ii) that are approved by the Minister for the purposes of this section.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 43
Limits on grants under section 42SECT
43. The Minister shall not authorize payments to a State under section 42 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 1981 - SECT 44
Grants for recurrent expenditure in connection with the education of
children residing in residential institutionsSECT
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 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 condition that 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 1982, in connection with the education of children residing in residential institutions in the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 45
Limits on grants under section 44SECT
45. The Minister shall not authorize payments to a State under section 44 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 1981 - SECT 46
Approval of programs for education of severely handicapped childrenSECT
46. Where a program for, or in connection with, the education of severely handicapped children is being, or is to be, carried out by or in a State, the Minister may approve the program for the purposes of section 47.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 47
Grants for expenditure in relation to approved programs for education of
severely handicapped childrenSECT
47. (1) Subject to section 48, 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 46, 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 1982, 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 1983 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 1981 - SECT 48
Limits on grants under section 47SECT
48. The Minister shall not authorize payments to a State under section 47 that exceed, in the aggregate, the amount specified in column 3 of Schedule 10 opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 49
Grants for recurrent expenditure in connection with approved professional
development activitiesSECT
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 recurrent expenditure in connection with approved professional development activities, of such amounts as the Minister determines.
(2) Financial assistance is granted to a State under this section on the condition that 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 1982, in connection with approved professional development activities, being activities which are conducted (in whole or in part) during the year 1982.
(3) In this section:
(a) a reference to expenditure in connection with approved professional development activities shall be read as not including a reference to expenditure in connection with:
(i) the remuneration of teachers attending approved professional
development activities; or
(ii) the replacement of teachers during a period when they are attending
approved professional development activities;
unless the approved professional development activities are activities in which teachers at government schools and teachers at non-government schools are eligible to participate;
(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 42 (3) of the States Grants (Schools Assistance) Act 1980, the declaration shall, on and after that day, be deemed to be a declaration made under subsection (3) of this section.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 50
Limits on grants under section 49SECT
50. The Minister shall not authorize payments to a State under section 49 that exceed, in the aggregate, the amount specified in column 2 of Schedule 11 opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 51
Grants for expenditure of approved education centresSECT
51. (1) Subject to section 52, 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 1982, of the
approved education centre; or
(B) expenditure, in respect of commitments already undertaken or to be
undertaken not later than 31 December 1982, 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 1983 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 the 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 1981 - SECT 52
Limit on grants under section 51SECT
52. The Minister shall not authorize payments to the States under section 51 that exceed, in the aggregate, the amount specified in column 3 of Schedule 8.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 53
Approval of special projects or special programsSECT
53. Where:
(a) a project or program is being, or is to be, carried out in Australia with the sole or principal object of promoting change or innovation in, or any matter relating to, primary education or secondary education in Australia or of improving the experience, knowledge or skills of teachers and other persons in relation to primary education or secondary education in Australia; and
(b) the Minister is satisfied that the project or program is special in some respect and that it is desirable that assistance in connection with the project or program be provided under section 54;
the Minister may approve the project or program for the purposes of that section.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 54
Grants for expenditure in relation to approved special projects or approved
special programsSECT
54. (1) Subject to section 55, 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 or program that is being, or is to be, carried out by or in the State and has been approved by him under section 53 (including a project or program that is being, or is to be, carried out together with, or as part of, a project or program, as the case may be, 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 or 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 is applied by the State, in respect of commitments already undertaken or to be undertaken not later than 31 December 1982, for the purpose of meeting expenditure in relation to the project or program; and
(b) the State will cause to be furnished to the Minister (not later than 30 June 1983 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 1981 - SECT 55
Limit on grants under section 54SECT
55. The Minister shall not authorize payments to the States under section 54 that exceed, in the aggregate, the amount specified in column 4 of Schedule 8.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 56
Additional conditions to which grants of financial assistance under Part
subjectSECT
56. (1) Financial assistance is granted to a State under section 34, 42, 44 or 49 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1983 or such later date as the Minister approves in relation to the grant):
(a) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in subsection 34 (2), 42 (2), 44 (2) or 49 (2), as the case may be, has been fulfilled; and
(b) a statement, in accordance with a form approved by the Minister, that summarizes the manner in which the amount applied by the State in pursuance of the condition so specified has been so applied.
(2) 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 this Part with respect to that grant (not being, in the case of section 41, the condition specified in paragraph (2) (c) of that section or, in the case of section 51, 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 1981 - PART V
PART V - MISCELLANEOUS
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 57
Minister may fix amounts, and times of payments, of financial assistanceSECT
57. 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 1981 - SECT 58
Amounts repayable by the States to the CommonwealthSECT
58. 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 1981 - SECT 59
AdvancesSECT
59. 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 1981 - SECT 60
Payments to be made out of Consolidated Revenue Fund or Loan FundSECT
60. Payments to a State under this Act may be made out of:
(a) in the case of payments under section 5 or 18, and advances under section 59 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 1981 - SECT 61
Authority to borrowSECT
61. 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 18 of this Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 62
Application of moneys borrowedSECT
62. Moneys borrowed under section 61 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 18;
(b) for the purpose of making advances under section 59 on account of payments of that kind; and
(c) for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 63.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 63
Reimbursement of Consolidated Revenue Fund from Loan FundSECT
63. (1) Where a payment under section 5 or 18, or an advance under section 59 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 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 1981 - SECT 64
AppropriationSECT
64. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 65
Delegation by MinisterSECT
65. (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, all or 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 11 (3), (5) and (8), 15 (2), 16 (3), 19 (2) and 20 (2), (3), (5) and (6), paragraphs 20 (8) (c) and (d), subsections 21 (2), (3), (5) and (6), paragraphs 21 (8) (d) and (e), subsections 27 (3) and (5) and sections 33, 56, 57 and 59.
(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 1981 - SECT 66
Determinations to be in writing etc.SECT
66. 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 1981 - SECT 67
Report by MinisterSECT
67. The Minister shall, as soon as practicable after 30 June 1983, 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 1981 - SECT 68
RegulationsSECT
68. 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 1981 - PART VI
PART VI - AMENDMENTS OF STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1980
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 69
Principal ActSECT
69. The States Grants (Schools Assistance) Act 1980 is in this Part referred to as the Principal Act.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 70
Limit on grants under section 40SECT
70. Section 41 of the Principal Act is amended by omitting "$1,059,000" and substituting "$1,123,000".
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 71
Approval of programs for education of severely handicapped childrenSECT
71. Section 41A of the Principal Act is amended by omitting from subsection (2) "at relevant institutions, or in their own homes," and substituting "who need constant care and attention in relevant institutions or in their own homes".
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 72
Limit on grants under section 41BSECT
72. Section 41C of the Principal Act is amended by omitting "$2,117,500" and substituting "$2,246,000".
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SECT 73
SchedulesSECT
73. The Schedules to the Principal Act are repealed and the Schedules set out in Schedule 12 to this Act are substituted.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SCHEDULE 1 SCH
SCHEDULE 1 Sections 6 and 8
GOVERNMENT SCHOOLS - BUILDING AND EQUIPMENT PROJECTS AND RECURRENT
EXPENDITURE
Column 1 Column 2 Column 3
Name of State Building and Recurrent
equipment projects expenditure
$ $
New South Wales 43,857,000 98,315,000
Victoria 33,261,000 73,868,000
Queensland 18,929,000 43,424,000
South Australia 11,914,000 26,908,000
Western Australia 11,264,000 25,409,000
Tasmania 3,910,000 8,902,000
Northern Territory 1,614,000 2,743,000
Total 124,749,000 279,569,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SCHEDULE 2 SCH
SCHEDULE 2 Section 11
GOVERNMENT SCHOOLS - GENERAL EDUCATION IN ENGLISH AS A SECOND LANGUAGE
Column 1 Column 2
Name of State Amounts
$
New South Wales 13,279,000
Victoria 13,449,000
Queensland 2,185,000
South Australia 3,939,000
Western Australia 2,913,000
Tasmania 515,000
Northern Territory 314,000
Total 36,594,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SCHEDULE 3 SCH
SCHEDULE 3 Sections 13, 30 and 43
DISADVANTAGED SCHOOLS AND PRESCRIBED COUNTRY AREAS
Column 1 Column 2 Column 3 Column 4 Column 5
Name of Disadvantaged Disadvantaged Prescribed
State government schools country areas
non-government
schools Totals
$ $ $ $
New South Wales 9,549,000 1,652,000 2,423,000 13,624,000
Victoria 9,104,000 1,870,000 1,398,000 12,372,000
Queensland 2,784,000 316,000 2,133,000 5,233,000
South Australia 2,536,000 303,000 803,000 3,642,000
Western Australia 1,863,000 263,000 1,523,000 3,649,000
Tasmania 605,000 75,000 414,000 1,094,000
Northern Territory 414,000 25,000 259,000 698,000
Totals 26,855,000 4,504,000 8,953,000 40,312,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SCHEDULE 4 SCH
SCHEDULE 4 Sections 14, 15, 31 and 32
SPECIAL EDUCATION (INCLUDING INTEGRATION ACTIVITIES)
Column 1 Column 2 Column 3 Column 4 Column 5
Name of Government Government Non-government Non-government
State special integration special integration
education activities education activities
(including (including
government non-government
integration integration
activities) activities)
$ $ $ $
New South Wales 7,038,000 358,000 1,505,000 102,000
Victoria 4,899,000 269,000 1,815,000 97,000
Queensland 2,692,000 158,000 994,000 45,000
South Australia 1,869,000 98,000 230,000 18,000
Western Australia 1,657,000 93,000 293,000 21,000
Tasmania 646,000 33,000 42,000 7,000
Northern Territory 170,000 10,000 8,000 1,000
Totals 18,971,000 1,019,000 4,887,000 291,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SCHEDULE 5 SCH
SCHEDULE 5 Section 19
NON-GOVERNMENT SCHOOLS - BUILDING AND EQUIPMENT PROJECTS
Column 1 Column 2
Name of State Amounts
$
New South Wales 14,172,000
Victoria 13,601,000
Queensland 6,961,000
South Australia 3,199,000
Western Australia 4,087,000
Tasmania 1,262,000
Northern Territory 1,062,000
Total 44,344,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SCHEDULE 6 SCH
SCHEDULE 6 Sections 20 and 21
RECURRENT EXPENDITURE - LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SCHOOLS
Column 1 Column 2 Column 3
Level of Amount per Amount per
assistance primary school secondary school
student student
$ $
1 314 509
2 470 764
3 596 967
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SCHEDULE 7 SCH
SCHEDULE 7 Section 21
NON-SYSTEMIC SCHOOLS - SUPPLEMENTARY ESTABLISHMENT GRANTS
Column 1 Column 2 Column 3
Year Amount per Amount per
primary school secondary school
student student
$ $
1979 39 64
1980 78 127
1981 118 191
1982 157 255
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SCHEDULE 8 SCH
SCHEDULE 8 Sections 22, 27, 52 and 55
MISCELLANEOUS GRANTS
Column 1 Column 2 Column 3 Column 4
Total of all Total of all Total of all Total of all
additional grants grants under grants under grants under
under sections 20 sections 23 section 51 for section 54 for
and 21 for and 24 for approved education approved
non-government general education centres special
schools in need in English as a projects or
of short-term second language approved
emergency in non-government special
assistance schools programs
$ $ $ $
796,000 15,724,000 2,095,000 1,486,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SCHEDULE 9 SCH
SCHEDULE 9 Sections 35 and 38
MULTICULTURAL EDUCATION PART I - AMOUNTS OF GRANTS TO STATES
Column 1 Column 2
Name of State Amounts
$
New South Wales 1,379,000
Victoria 1,096,000
Queensland 605,000
South Australia 348,000
Western Australia 340,000
Tasmania 117,000
Northern Territory 46,000
Total 3,931,000
PART II - GRANTS IN RELATION TO APPROVED MULTICULTURAL EDUCATION PROJECTS
OF NATIONAL SIGNIFICANCE
TOTAL OF GRANTS - $347,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SCHEDULE 10 SCH
SCHEDULE 10 Sections 45 and 48
RESIDENTIAL INSTITUTIONS AND SEVERELY HANDICAPPED CHILDREN
Column 1 Column 2 Column 3
Name of State Residential Severely
institutions handicapped children
$ $
New South Wales 706,000 896,000
Victoria 560,000 706,000
Queensland 309,000 404,000
South Australia 178,000 227,000
Western Australia 174,000 234,000
Tasmania 59,000 79,000
Northern Territory 18,000 27,000
Total 2,004,000 2,573,000
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1981 - SCHEDULE 11 SCH
SCHEDULE 11 Section 50
PROFESSIONAL DEVELOPMENT ACTIVITIES
Column 1 Column 2
Name of State Amounts
$
New South Wales 5,830,000
Victoria 4,392,000
Queensland 2,792,000
South Australia 1,417,000
Western Australia 1,406,000
Tasmania 466,000
Northern Territory 183,000
Total 16,486,000
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