| C2004C07012 | STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982
- Updated as at 19 October 1993 (#DATE 19:10:1993)
*1* The States Grants (Schools Assistance) Act 1982 comprises Act No. 129, 1982 amended as indicated in the Tables below: Table of Acts Act Date Date of Application, Number and of Assent commencement saving or year transitional provisions States Grants (Schools Assistance) Act 1982 129, 1982 13 Dec 1982 13 Dec 1982 Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 39, 1983 20 June 1983 S. 3: 13 Dec 1982 (a) S. 7 (1) as amended by 91, 1983 22 Nov 1983 S. 3: 13 Dec 1982 (b) S. 6 (1) States Grants (Schools Assistance) Act 1983 119, 1983 21 Dec 1983 21 Dec 1983 S. 85 (a) The States Grants (Schools Assistance) Act 1982 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2 (20) of which provides as follows: "(20) The amendments of the States Grants (Schools Assistance) Act 1982 made by this Act shall be deemed to have come into operation on 13 December 1982." (b) The Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2 (13) (a) of which provides as follows: "(13) The amendments of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 made by this Act shall: (a) in the case of the amendment of Schedule 1, be deemed to have come into operation on 13 December 1982; and" Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 5 am. No. 119, 1983 S. 12 am. No. 39, 1983 S. 27 am. No. 39, 1983 S. 28 am. No. 39, 1983 (as am. by No. 91, 1983) S. 32 am. No. 119, 1983 S. 39 am. No. 119, 1983 Schedules 1-11 rs. No. 119, 1983 Schedule 12 rep. No. 119, 1983 STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - 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.
5. Determination of levels of funding for eligible new
arrivals
PART II - GOVERNMENT SCHOOLS PROGRAMS
6. Grants for building projects and equipment projects
in connection with government schools
7. Limits on grants under section 6
8. Grants for recurrent expenditure in connection with
government schools
9. Limits on grants under section 8
10. Grants for recurrent expenditure in connection with
general education in English as a second language
provided in connection with government schools
11. Limits on grants under section 10
12. Grants for recurrent expenditure in connection with
education in English as a second language for
eligible new arrivals provided in connection with
government schools
13. Grants for expenditure in connection with government
disadvantaged schools
14. Limits of grants under section 13
15. Grants for recurrent expenditure in connection with
special education at government schools etc.
16. Limits on grants under section 15 etc.
17. Additional conditions to which grants of financial
assistance under Part subject
PART III - NON-GOVERNMENT SCHOOLS PROGRAMS
18. Approval of building projects and equipment projects
in connection with non-government schools
19. Grants for building projects and equipment projects
in connection with non-government schools
20. Limits on grants under section 19 etc.
21. Grants for recurrent expenditure of systemic schools
22. Grants for recurrent expenditure of non-systemic
schools
23. Limit on additional grants for schools in need of
short-term emergency assistance
24. Grants for recurrent expenditure in connection with
general education in English as a second language
provided in connection with systemic schools
25. Grants for recurrent expenditure in connection with
general education in English as a second language
provided in connection with non-systemic schools
26. Limits on grants under sections 24 and 25
27. Grants for recurrent expenditure in connection with
education in English as a second language for
eligible new arrivals provided in connection with
systemic schools
28. 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
29. Grants for expenditure of systemic disadvantaged
schools
30. Grants for expenditure of non-systemic disadvantaged
schools
31. Limits on grants under sections 29 and 30
32. Grants for expenditure in connection with special
education at non-government schools etc.
33. Limits on grants under section 32
34. Additional conditions to which grants of financial
assistance under Part subject
PART IV - JOINT GOVERNMENT AND NON-GOVERNMENT SCHOOLS PROGRAMS
35. Grants for recurrent expenditure in connection with
multicultural education
36. Limits on grants under section 35
37. Approval of bodies as approved ethnic schools
authorities
38. Approval of programs of ethnic education and
determination of levels of funding
39. Grants for approved program of ethnic education
40. Grants for expenditure in connection with the
education of students receiving primary education or
secondary education in prescribed country areas
41. Limits on grants under section 40
42. Grants for recurrent expenditure in connection with
the education of children residing in residential
institutions
43. Limits on grants under section 42
44. Approval of programs for education of severely
handicapped children
45. Grants for expenditure in relation to approved
programs for education of severely handicapped
children
46. Limits on grants under section 45
47. Grants for recurrent expenditure in connection with
approved professional development activities
48. Limits on grants under section 47
49. Grants for expenditure of approved education centres
50. Limit on grants under section 49
51. Approval of projects or programs of national
significance
52. Grants for expenditure in relation to projects or
programs of national significance
53. Limit on grants under section 52
54. Additional conditions to which grants of financial
assistance under Part subject
PART V - MISCELLANEOUS
55. Minister may fix amounts, and times of payments, of
financial assistance
56. Amounts repayable by the States to the Commonwealth
57. Advances
58. Payments to be made out of Consolidated Revenue Fund
or Loan Fund
59. Authority to borrow
60. Application of moneys borrowed
61. Reimbursement of Consolidated Revenue Fund from Loan
Fund
62. Appropriation
63. Delegation by Minister
64. Determinations to be in writing etc.
65. Report by Minister
66. Regulations
PART VI - AMENDMENTS OF STATES GRANTS (SCHOOLS
ASSISTANCE) ACT 1981
67-77. Principal Act
Amendments of the States Grants (Schools Assistance)
Act 1981
78. Directions under Principal Act
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 AMOUNTS OF GRANTS TO STATES
SCHEDULE 10
RESIDENTIAL INSTITUTIONS AND SEVERELY HANDICAPPED CHILDREN
SCHEDULE 11
PROFESSIONAL DEVELOPMENT ACTIVITIES
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - 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 1982 - PART I
PART I - PRELIMINARY
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 1
Short title
SECT
1. This Act may be cited as the States Grants (Schools Assistance) Act 1982.
*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent. *1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 3
Interpretation
SECT
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 (7);
"approved ethnic schools authority" means a body approved by the Minister
under section 37 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 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 1983, 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 provisions 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 1982;
"equipment project" means a project for or in relation to the provisions of
equipment, library material or furniture and includes a project for obtaining
services or goods relating to the cataloguing of a library;
"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 the 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, or other places of education
approved by the Minister for the purposes of this definition, 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 1981 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;
"primary education", in relation to a non-government school in a State,
means education of a kind similar to that provided for students at government
primary schools in the State;
"program of ethnic education" means a program of instruction, on a part-time
basis, the purpose of which is to teach students undertaking the program a
language (not being the English language) that is the first language of
peoples who have migrated to Australia, either alone or together with ethnic
cultural instruction related to people speaking that language as their first
language, other than such a program in which political or religious
instruction is predominant;
"recurrent expenditure" means expenditure other than capital expenditure;
"residential institution" means an institution or home in a State that
(whether or not it is an institution or home at which primary education or
secondary education is also provided) provides residential care for children
and is conducted for welfare, correctional or similar purposes, being an
institution or home that the Commonwealth Education Minister, having regard to
any advice furnished to him by the State Education Minister for the State in
relation to the institution or home, declares to be a residential institution
for the purposes of this Act;
"school" includes a proposed school, or an institution or proposed
institution similar to a school, but does not include:
(a) a school or institution at which education is provided at a standard
(however described) that is pre-school standard only or a proposed school or
institution at which it is proposed that education be provided at a standard
(however described) that is pre-school standard only; or
(b) where the State Education Minister for a State notifies the Commonwealth
Education Minister that a specified school or institution in the State is not
recognized by the State Education Minister as a school and the Commonwealth
Education Minister does not approve the school or institution as a school for
the purposes of this Act - that school or institution;
"school in need of short-term emergency assistance" means a school that the
Minister declares, under subsection 4 (5) or (6), to be a school in need of
short-term emergency assistance for the purposes of this Act;
"schools census date", in relation to a State, means the date in the year
1983 as at which the Australian Statistician compiles statistics in relation
to the numbers of students in schools in the State;
"secondary education", in relation to a non-government school in a State,
means education of a kind similar to that provided for students at government
secondary schools in the State;
"severely handicapped child" means a handicapped child for whom, by reason
of his disability, enrolment at a school or centre providing education
specified in paragraph (a) of the definition of "special education", or at a
school providing education other than such education, is not appropriate, or,
in the case of a handicapped child in a State who has not reached the age at
which children are required by a law of that State to attend school, will not
be, or is unlikely to be, appropriate;
"special education" means:
(a) 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; or
(b) education under special programs designed specifically for handicapped
children, being children in a State who have not reached the age at which
children are required by a law of that State to attend school;
"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 1984,
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 system 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 1981, 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 1981, 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 19 (2) (b), 21 (9) (b), 22 (9) (b), 24 (2) (b), 25 (2) (b), 27 (2)
(b), 28 (2) (b), 29 (2) (b), 30 (2) (b), 32 (3) (c), 39 (2) (b) or 49 (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 1982 - 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 1983, 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 1983, 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 non-government school in a
State is, by reason of some unexpected event or circumstance, 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) Without limiting the generality of subsection (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.
(7) 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.
(8) 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 1981, 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.
(9) 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 1981, the declaration shall, on and
after that day, be deemed to be a declaration made under subsection (2) of
this section.
(10) 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 1981, the approval shall, on and after
that day, be deemed to be an approval given under subsection (7) of this
section.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 5
Determination of levels of funding for eligible new arrivals
SECT
5. For the purposes of sections 12, 27 and 28, the Minister shall determine
an amount (not exceeding $841) 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 1982 - PART II
PART II - GOVERNMENT SCHOOLS PROGRAMS
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 6
Grants for building projects and equipment projects in connection
with government schools
SECT
6. (1) Subject to section 7, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of 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
1983, 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
1982 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.
(4) The Minister shall not authorize payment to a State under subsection (1)
unless and until he is satisfied that arrangements have been made in
accordance with which:
(a) the State will, at such times as the Minister and the appropriate
Minister of the State agree are appropriate, give him particulars of the
projects to which the State, at the time at which it gives the particulars,
proposes to apply, or has applied, amounts for the purposes of subsection (2);
and
(b) the State will ensure that recognition of the extent to which projects
to which the State proposes to apply, or has applied, amounts for those
purposes are attributable to funds provided by the Commonwealth will be given
in ways, and at times, agreed to by the Minister and the appropriate Minister
of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 7
Limits on grants under section 6
SECT
7. The Minister shall not authorize payments to a State under subsection 6
(1) that exceed, in the aggregate, the amounts specified in column 2 of
Schedule 1 opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 8
Grants for recurrent expenditure in connection with government schools
SECT
8. (1) Subject to section 9, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of recurrent expenditure in connection with 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 1983, in connection with
those schools.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 9
Limits on grants under section 8
SECT
9. The Minister shall not authorize payments to a State under section 8 that
exceed, in the aggregate, the amount specified in column 3 of Schedule 1
opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 10
Grants for recurrent expenditure in connection with general
education in English as a second language provided in connection
with government schools
SECT
10. (1) Subject to section 11, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of recurrent expenditure in 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 1983, 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 1982 - SECT 11
Limits on grants under section 10
SECT
11. The Minister shall not authorize payments to a State under section 10
that exceed, in the aggregate, the amount specified in column 2 of Schedule 2
opposite to the name of the State.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 12
Grants for recurrent expenditure in connection with education in
English as a second language for eligible new arrivals provided
in connection with government schools
SECT
12. (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 5 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 1983, 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 1983 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 November 1982 - did
not undertake, or commence to undertake, in Australia, a course similar to
that course before that date.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 13
Grants for expenditure in connection with government disadvantaged schools
SECT
13. (1) Subject to section 14, 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 1983, 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 1983, 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 1982 - SECT 14
Limits on grants under section 13
SECT
14. The Minister shall not authorize payments to a State under section 13
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 1982 - SECT 15
Grants for expenditure in connection with special education at
government schools etc.
SECT
15. (1) Subject to section 16, 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 or other
special education provided by, or on behalf of, 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 1983, in connection with special education provided at or
in connection with government schools or government centres in the State or
other special education provided by, or on behalf of, 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 or places of education approved by the
Minister for the purposes of the definition of "integration activities" in
subsection 3 (1) at which special education is provided by, or on behalf of,
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 1983, in
relation to minor building projects, or minor equipment projects, in
connection with integration activities conducted at government schools in the
State or places referred to in subsection (2), 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 1982 - SECT 16
Limits on grants under section 15 etc.
SECT
16. (1) The Minister shall not authorize payments to a State under section
15 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 1983, 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 1982 - SECT 17
Additional conditions to which grants of financial assistance under Part
subject
SECT
17. (1) Financial assistance is granted to a State under section 6 on the
additional condition that the State will cause to be furnished to the Minister
(not later than 30 June 1984 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 6 (2) has been
fulfilled in relation to that financial assistance; 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 6 (2) in its application to that financial assistance 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 6 (2) in its application to that financial
assistance 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 8, 10, 12, 13
or 15 on the additional condition that the State will cause to be furnished to
the Minister (not later than 30 June 1984 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 8
(2), 10 (2), 12 (2), 13 (2) or 15 (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 1982 - PART III
PART III - NON-GOVERNMENT SCHOOLS PROGRAMS
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 18
Approval of building projects and equipment projects in
connection with non-government schools
SECT
18. (1) For the purposes of section 19, 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 1982 - SECT 19
Grants for building projects and equipment projects in connection
with non-government schools
SECT
19. (1) Subject to section 20, 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 18, 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 18 (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 paragraphs (b) and (c), 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;
(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 1983, 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 18;
(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; and
(c) where the total expenditure in relation to the project is, or will be,
not less than $30,000:
(i) 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 entered or enters into an agreement
with the State, being an agreement approved by the Minister, to be bound by
the condition that, if, within the prescribed period relating to the project:
(A) an asset (being land, a building or equipment) in
respect of which an amount paid to the approved authority under this section
in relation to the project was expended ceases to be used;
(B) such an asset ceases to be used principally for an
approved purpose; or
(C) the approved authority sells or otherwise disposes of
such an asset to a person, other than the State, for use principally for an
approved purpose without the person having entered or entering into an
agreement with the State, being an agreement approved by the Minister, under
which that person has the same obligations in relation to the asset as the
approved authority had by virtue of this paragraph before the sale or other
disposal of the asset;
the approved authority will, if the Minister so requires, repay to the State
the amount ascertained in accordance with the formula
AB
C,
where:
A is the total amount paid to the approved authority under this section in
relation to the project that was expended in respect of the relevant asset;
B is the number of years in the prescribed period that are years that had
not commenced before the relevant asset ceased to be used, ceased to be used
for such a purpose or was so sold or otherwise disposed of, as the case
requires; and
C is the number of years in the prescribed period; and
(ii) if the approved authority fails to repay an amount in
accordance with the condition specified in subparagraph (i) or a person who
has entered into an agreement referred to in sub-subparagraph (i) (C) fails to
repay an amount in accordance with the agreement, the State will, if and when
the Minister so requires, take legal proceedings to recover that amount.
(3) In paragraph (2) (c):
"approved purpose", in relation to an asset, means:
(a) the purpose for which the asset was intended to be used when, under
section 18, the Minister approved the project relating to the asset; or
(b) a purpose approved by the Minister;
"prescribed period", in relation to a project approved under section 18,
means:
(a) except where paragraph (b) applies - the period of 20 years commencing
on the day on which the project is completed; or
(b) if, at the time when the Minister approved the project, he declared that
a period of a lesser number of years commencing on that day was to be the
prescribed period in relation to the project - that lesser period.
(4) 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 18, as having been so applied
after that day.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 20
Limits on grants under section 19 etc.
SECT
20. (1) The Minister shall not authorize payments to a State under section
19 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 1983, 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 1982 - SECT 21
Grants for recurrent expenditure of systemic schools
SECT
21. (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 20 (2) of the States
Grants (Schools Assistance) Act 1981, 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 to 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 1983.
(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 1983, 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 1983, 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 1983.
(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 23, 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 1983, 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 1983,
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 1983, 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 1983, 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 1984 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.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 22
Grants for recurrent expenditure of non-systemic schools
SECT
22. (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 21 (2) of the States
Grants (Schools Assistance) Act 1981, 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 1983.
(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 1983, 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 1983, 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 1983.
(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 in
the Gazette.
(8) The Minister may authorize the payment to a State under this section, by
way of financial assistance to the State in respect of recurrent expenditure
of a non-systemic school in the State, of such amounts as the Minister
determines, being amounts that do not exceed, in the aggregate, the sum of the
following amounts:
(a) an amount equal to the product of the amount specified in column 2 of
Schedule 6 opposite to the level of assistance in column 1 of that Schedule
that is the level of assistance specified in the list of non-systemic schools
in relation to the school and the number of students receiving primary
education at the school on the date (in 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 23, 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 1983, 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 1983, 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 1983, of the school;
(ii) the approved authority will cause to be furnished to the
Minister (not later than 30 June 1984 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 statisical information in respect of the school, as is required by the
Minister to be so furnished;
(iii) if the approved authority does not fulfil a condition
specified in subparagraph (i) or (ii), the authority will, if the Minister so
determines, repay to the State such amount (not being an amount greater than
the sum of the amounts paid to the approved authority under this section) as
the Minister determines should be repaid by the approved authority.
STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 - SECT 23
Limit on additional grants for schools in need of short-term emergency
assistance
SECT
23. The amounts determined by the Minister under paragraph 21 (8) (c) in
relation to systemic schools, and the amounts determined by the Minister under
paragraph 22 (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 1982 - SECT 24
Grants for recurrent expenditure in connection with general
education in English as a second language provided in connection
with systemic schools
SECT
24. (1) Subject to section 26, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of 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 1983, 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 1984 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.
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