States Grants (Primary and Secondary Education Assistance) Act 1992

Act No. 160 of 1992 as amended

[Note: This Act is to be repealed by Act No. 137 of 2004 on 1 January 2005]

This compilation was prepared on 26 July 1999
taking into account amendments up to Act No. 152 of 1997

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1—Preliminary

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Definitions

4 Aboriginal community school

5 Disadvantaged schools—government schools

6 Disadvantaged schools—non‑government schools

7 Equal opportunities

8 Full fee paying private overseas students

9 Levels of education

10 Maximum number of students

11 Minimum number of students

12 New or additional location

13 Prescribed country areas

13A Geographically isolated areas—government and
non‑government schools

14 Determinations, approvals etc. by Minister

15 Minister not to authorise payment to State for non‑government body in certain circumstances

16 Funding of non‑government schools

Part 2—List of non‑government schools and systems

17 List of non‑government schools

18 Variation of list of non‑government schools

19 List of approved school systems

20 Variation of list of approved school systems

Part 3—Changes to non‑government schools and proposals for new non‑government schools

Division 1—Changes and proposals requiring assessment

21 Changes to which Division applies

22 Proposals to which Division applies

23 Approved authority to give notice of change or proposal

23A Approved authority must apply to make a change or proposal if change is to occur on or after 1 January 1998

24 Provisional approval when no significant change in clientele

25 Provisional approval when significant change in clientele

26 Eligibility criteria for change

27 Eligibility criteria for proposal

28 Matters for consideration if significant change in clientele

29 Variation to take account of change if there is no progressive provision of secondary education

29A Variation to take account of change to which paragraph 26(c) or (d) applies if there is a progressive provision of secondary education

30 Variation to take account of proposal if there is no progressive provision of secondary education

30A Variation to take account of proposal if there is a progressive provision of secondary education

31 Variation to take account of proposal for new school at temporary location

32 Variation to include funding level in certain cases

33 Non‑systemic school may apply for funding at higher level after 5 years

34 Minister may remove school from list if change made without provisional approval

35 Procedures if Minister does not give provisional approval

36 Minister to give notice to authority of determination

37 Determination may be given retrospective effect

Division 2—Changes not requiring assessment

38 Changes to which Division applies

39 Approved authority to give notice of change

40 Variation to take account of change

41 Variation to include funding level in certain cases

42 Minister to give notice to authority of determination

43 Determination may be given retrospective effect

Division 3—Maximum and minimum numbers of students

44 Minister may change maximum number of students eligible for general recurrent funding

44A Approved authority to give notice of variation of list if variation to occur on or after 1 January 1998

45 Approved authority must apply to Minister for a variation of list

46 Non‑government schools—change if failure to meet minimum enrolments

46A Non‑government schools—change if there is a failure, during the course of a progressive provision, to meet minimum enrolments

Part 4—Capital and general recurrent grants for government schools

47 Grants for capital projects

48 Grants for capital projects relating to refurbishment

49 Grants for general recurrent expenditure

50 Additional conditions of grants under this Part

Part 5—Grants for non‑government schools and non‑government rural student hostels

Division 1—Capital grants

51 Approval of block grant authorities and maintenance of lists of participating schools and hostels

52 Approval of capital projects

53 Grants for capital projects

54 Conditions of grants

Division 2—General recurrent grants

55 Grants for general recurrent expenditure

56 Conditions of grants

57 Minister may reduce general recurrent grant in certain circumstances

58 Limits on funding if maximum number of students specified

Division 3—Grants for short‑term emergency assistance for non‑government schools

59 Grants of short‑term emergency assistance

60 Conditions of grants

Division 3A—Grants for special projects in connection with non‑government rural student hostels

60A Grants for special projects in connection with non‑government rural student hostels

60B Additional conditions—if agreement between Commonwealth and a State

60C Additional conditions—if agreement between Commonwealth and body other than a State

Division 4—Additional conditions of grants

61 Additional conditions

Part 6—National equity program for schools

Division 1—Grants to facilitate access to school education

62 Grants for recurrent expenditure on general education in English as a second language in government schools

63 Grants for recurrent expenditure on education in English as a second language for eligible new arrivals in government schools

64 Grants for recurrent expenditure on general education in English as a second language in non‑government schools—program year 1993

65 Grants for recurrent expenditure on education in English as a second language for eligible new arrivals in non‑government schools—program year 1993

65A Grants for recurrent expenditure on general education in English as a second language in non‑government schools—program years 1994, 1995 and 1996

65B Grants for recurrent expenditure on education in English as
a second language for eligible new arrivals innon‑government schools in program years 1994, 1995 and 1996

66 Grants for recurrent expenditure in connection with special education at government schools or centres

67 Grants for recurrent expenditure in connection with special education at non‑government schools or centres—program year 1993

67A Grants in connection with special education at non‑government schools or centres—program years 1994, 1995 and 1996

68 Grants for recurrent expenditure on intervention support—program year 1993

68A Grants for recurrent expenditure on intervention support—program years 1994, 1995 and 1996

69 Grants for capital projects for children or students with disabilities—program year 1993

69A Capital grants in connection with special education at non‑government schools or centres—program years 1994, 1995 and 1996

69B Grants for capital projects for children or students with disabilities—program years 1994, 1995 and 1996

69C Broadbanding of certain financial assistance paid under sections 67A, 68A or 69A

Division 2—Grants to promote equity in school education

70 Grants for expenditure in connection with government disadvantaged schools

71 Grants for expenditure in program year 1993 in connection with non‑government disadvantaged schools

71A Grants for expenditure in connection with non‑government disadvantaged schools in program years 1994, 1995 and 1996

72 Grants for primary or secondary education in prescribed country areas—program year 1993

72A Grants for primary and secondary education provided in government schools in prescribed country areas or geographically isolated areas—program years 1994, 1995 and 1996

72B Grants for primary or secondary education provided in
non‑government schools in prescribed country areasor
geographically isolated areas in program years 1994, 1995
and 1996

73 Grants for recurrent expenditure on literacy and learning

Division 3—Grants to meet national priorities

74 Grants for national projects assisting secondary education in country areas

75 Grants for national projects enhancing literacy and learning

76 Grants for projects in connection with government secondary schools to assist students at risk

77 Grants for projects in connection with non‑government secondary schools to assist students at risk

77A Grants for projects in connection with government primary schools to foster literacy in the early years of schooling

77B Grants for projects in connection with non‑government primary schools to foster literacy in the early years of schooling

77C Grants for national projects to foster literacy in the early years of schooling

78 Grants for national projects to assist gifted and talented students

78A Grants for national projects to assist students with disabilities in secondary schooling to make the transition from secondary education to further education, employment or adult life

78B Grants for projects in connection with non‑government special schools to assist students with disabilities to make the transition from special education to mainstream school education, further education, employment or the responsibilities of adult life

Division 4—Incentive grants

79 Grants for initiatives to improve the learning experiences of girls

80 Grants for students with disabilities attending government schools

81 Grants for students with disabilities attending non‑government schools

Division 5—Additional conditions of grants under this Part

82 Additional conditions—if agreement between Commonwealth and a State

83 Additional conditions—if agreement between Commonwealth and body other than a State

Part 7—School language program

Division 1—Preliminary

84 Nominated authority

85 Priority languages before Division 2A comes into force

85A Priority languages for grants under Division 2A

Division 2—Grants for priority languages in program year 1993 or 1994

86 Eligible year 12 language student

87 Grants—Government schools and educational institutions

88 Grants—approved school systems

89 Grants—non‑systemic schools

90 Agreement relating to conditions

91 Conditions—government schools and educational institutions

92 Conditions—approved school systems

93 Conditions—non‑systemic schools and aggregations of non‑government schools

Division 2A—Grants for priority languages in a program year after program year 1994

93A Grants in respect of government schools and educational institutions

93B Grants in respect of non‑government schools

93C Ceiling for grants under sections 93A and 93B

93D Agreements relating to conditions

93E Conditions—government schools and educational institutions

93F Conditions—approved school systems

93G Conditions—non‑systemic schools

Division 3—Grants for community languages

94 Grants

95 Agreement relating to conditions

96 Conditions—government schools and bodies other than approved school systems

97 Conditions—approved school systems

Division 4—Additional conditions of grants under this Part

98 Additional conditions—if agreement between Commonwealth and a State

99 Additional conditions—if agreement between Commonwealth and body other than a State

Part 8—Joint programs to support primary and secondary education

Division 1—Grants for expenditure of approved education centres

100 Grants

101 Conditions of grants

Division 2—Grants for projects of national significance

102 Grants

103 Conditions of grants

Division 3—Additional conditions of grants under this Part

104 Additional conditions—if agreement between Commonwealth and a State

105 Additional conditions—if agreement between Commonwealth and body other than a State

Part 9—Miscellaneous

106 Cost supplementation

107 Variation of Schedule 6

108 Minister may fix amounts, and times of payment, of financial assistance

109 Reductions for false or misleading statements

110 Amounts payable by the States to the Commonwealth

111 Advances

112 Payments to be made out of Consolidated Revenue Fund or Loan Fund

113 Authority to borrow

114 Application of money borrowed

115 Reimbursement of Consolidated Revenue Fund from Loan Fund

116 Appropriation

117 Delegation

118 Report by Minister

119 Regulations

Part 10—Transitional provisions

120 Application of this Part

121 Approved authority

122 Approved education centre

123 Block grant authority

124 Integration activities

125 Minimum number of students

126 Minor capital project

127 Nominated authority

128 Prescribed country area

129 Recognised temporary entry permit

130 Recognised visa

131 Priority languages

132 Previous list of non‑government schools

133 Maximum number of students specified in previous list

134 Previous list of approved school systems

135 New funding levels on commencing day for existing non‑government schools and approved school systems

136 Notice of change or proposal given under former Act

137 Provisional approval to change or proposal given under former Act

138 Refusal of provisional approval under former Act

Schedule 1—Capital grants for government schools

Part 1—1993

Part 2—1994

Part 3—1995

Part 4—1996

Schedule 2—General recurrent grants for government schools

Part 1—Primary education

Part 2—Secondary education

Schedule 3—Capital grants for non‑government schools

Schedule 4—General recurrent grants for non‑government schools

Part 1—Primary education

Part 2—Secondary education

Schedule 5—Grants of short term emergency assistance for non‑government schools

Schedule 5A—Grants for special projects in connection with non‑government rural student hostels

Schedule 6—Grants to facilitate access to school education

Part 1—1993

Part 2—1994

Part 3—1995

Part 4—1996

Schedule 7—Grants to promote equity in school education

Part 1—1993

Part 2—1994

Part 3—1995

Part 4—1996

Schedule 8—Grants to meet national priorities

Schedule 9—Incentive grants

Schedule 10—School language program

Part 1—1993

Part 2—1994

Part 3—1995

Part 4—1996

Schedule 11—Joint programs to support primary and secondary education

Notes

An Act relating to the grant of financial assistance to the States, the Australian Capital Territory and the Northern Territory for primary and secondary education, and for related matters

Part 1—Preliminary

1 Short title [see Note 1]

This Act may be cited as the States Grants (Primary and Secondary Education Assistance) Act 1992.

2 Commencement [see Note 1]

This Act commences, or is taken to have commenced, on 1 January 1993.

3 Definitions

In this Act, unless the contrary intention appears:

Aboriginal community school has the meaning given by section 4.

Aborigine includes a person of the race to which Torres Strait Islanders belong.

approved authority means:

(a) for the purposes of a provision of this Act (other than a provision referred to in paragraph (b)), that relates to an approved school system, a non‑systemic school, a non‑government school, a non‑government special school, a non‑government centre, a non‑government rural student hostel or another non‑government body—the body that the Minister determines to be the approved authority of that school system, of that school, of that centre, of that hostel, or of that other non‑government body, as the case may be, for the purposes of that provision; or

(b) for the purposes of a provision of Division 1 or 2 of Part 3 that relates to a proposal for a new school or an existing school that is not included in the list:

(i) if the school is to be included in an approved school system—the body that, under paragraph (a) is the approved authority of that system; or

(ii) otherwise—the body principally responsible for the school.

approved education centre, in relation to a program year, means a body corporate, or an unincorporated body that the Minister is satisfied will, during that year, become a body corporate:

(a) the members, or a majority of the members, of whose governing body are persons employed as teachers at schools; and

(b) the principal object of which is to improve the professional competence of teachers by methods that include the provision of in‑service teacher training; and

(d) the membership of which is not restricted to teachers or to teachers of a particular kind; and

(e) that provides opportunities for parents of students at schools, and other persons interested in education, to take part and assist in activities of the centre; and

(f) that is determined by the Minister to be an education centre for the purposes of this Act in relation to that year.

approved form means a form approved in writing by the Minister.

approved school system means a school system that is included in the list of approved school systems kept under section 19.

block grant authority, in relation to a school or rural student hostel, means the block grant authority in which that school or hostel, as the case may be, is recorded as a participant under section 51.

body means any organisation or body, whether incorporated or unincorporated, and includes an individual.

building includes part of a building.

capital project includes a project involving any one or more of the following;

(a) investigation of the need for:

(i) schools, non‑government centres or rural student hostels in particular areas; or

(ii) schools, non‑government centres or rural student hostels of particular kinds in particular areas; or

(iii) a building, other facilities or equipment;

(b) the purchase of land, with or without buildings;

(d) the development or preparation of land for building or other purposes;

(e) the installation or upgrading of water, electricity or any other services;

(f) the provision of equipment, library materials or furniture;

(g) obtaining services and goods for cataloguing a library;

(h) payment to a block grant authority for its administrative expenses.

child with disabilities means:

(a) a child who has not reached school age and has been assessed by a person with relevant qualifications as having:

(i) intellectual impairment; or

(ii) sensory impairment; or

(iii) physical impairment; or

(iv) social and emotional impairment; or

(v) multiple impairments;

to a degree that would, if the child had reached school age, satisfy the criteria for enrolment in special education services, or special education programs, being services or programs provided by the government of a State; or

(b) a child with severe disabilities.

child with severe disabilities means:

(a) a child with disabilities who has attained school age and:

(i) for whom, because of his or her disabilities, enrolment at a school, at a government centre or at a non‑government centre is not appropriate; or

(ii) is enrolled at a school, at a government centre or at a non‑government centre but is unable, because of his or her disabilities, to receive a substantial part of the benefits ordinarily available to children enrolled at that school or centre; or

(b) a child with disabilities who has not attained school age but is likely, upon attaining that age, to be a person referred to in paragraph (a).

children in residential care means children who:

(a) are separated from their families for welfare, rehabilitation, corrective or medical purposes; and

(b) are living in establishments that provide programs that include one or more of the following services:

(i) counselling;

(ii) education;

(iii) guidance;

(iv) another service similar to a service mentioned in subparagraph (i), (ii) or (iii); and

co‑educational school means a school for both male and female students.

commencing day means the day on which this Act commenced.

community language means:

(a) an Aboriginal language; or

(b) the first language of people who have migrated to Australia;

but does not include English.

disadvantaged school:

(a) in relation to government schools, has the meaning given by section 5; or

(b) in relation to non‑government schools, has the meaning given by section 6.

early special education program for children with disabilities means a program carried out in relation to the education of children with disabilities who have not attained school age.

early years of schooling means:

(a) in relation to schooling in a State that has a year designated as the kindergarten year—the kindergarten year and years 1, 2 and 3; or

(b) in relation to schooling in any other State—the years of schooling that are equivalent to the kindergarten year and years 1, 2 and 3.

education in English as a second language for eligible new arrivals, in relation to a program year, means education that is provided for the purpose of teaching, by means of intensive instruction, the English language to persons who are eligible new arrivals in relation to that year.

eligible new arrival, in relation to a program year, means a person:

(a) who is:

(i) a permanent resident; or

(ii) the holder of a recognised temporary entry permit or recognised visa; and

(b) whose first language is a language (other than the English language) of a country other than Australia; and

(i) the person arrived in Australia within 6 months before the start of the program year;

(ii) the person arrived in Australia within 18 months before the start of the program year and either:

(A) the person is receiving, or is enrolled to receive, primary education at a standard (however described) provided to persons in their first year of primary education; or

(B) the Minister is satisfied that the person is receiving intensive instruction in the English language and will, within a reasonable time after completing that instruction, be enrolled to receive primary education at a standard (however described) provided to persons in their first year of primary education.

ESL course means a course of instruction in English as a second language.

former Act means the States Grants (Schools Assistance) Act 1988.

funding level, in relation to a non‑systemic school or an approved school system for which financial assistance is provided under this Act in a program year, means the level of assistance set out in column 1 of the Part or each of the Parts of Schedule 4 that is applicable to the school or to the system in that year for the purpose of meeting recurrent expenditure.

general education in English as a second language means education that is provided to teach the English language to students:

(a) who are:

(i) permanent residents; or

(ii) holders of a recognised temporary entry permit or recognised visa; and

(b) whose first language is not English;

whether or not that education is provided with instruction for those students or other students in the culture of Aborigines or of people who have migrated to Australia.

geographically isolated area has the meaning given by section 13A.

government centre means a centre conducted by or on behalf of the Government of a State at which special education is provided.

government disadvantaged school means a government school that is a disadvantaged school.

government educational institution means an educational institution in a State:

(a) that is not a government school; and

(b) that is conducted by or on behalf of the government of the State; and

government rural student hostel means a rural student hostel in a State that provides accommodation for students at government schools in the State (whether or not it also provides accommodation for other students).

government school means a school in a State that is conducted by or on behalf of the Government of the State.

holder of a valid temporary entry permit has the same meaning as in the Migration Act 1958.

integration activities means activities designed to integrate children with disabilities or students with disabilities into schools, or into other places of education approved by the Minister or the State Minister for the purposes of this definition, being schools or places of education at which education is provided for children or students other than children with disabilities or students with disabilities.

level of education has the meaning given by section 9.

list means the list of non‑government schools kept under section 17.

maximum number of students has the meaning given by section 10.

minimum number of students has the meaning given by section 11.

minor capital project means a capital project of a kind approved by the Minister for the purposes of this definition.

nominated authority means a body nominated by:

(a) an aggregation of non‑government schools under subsection 65A(1), 65B(1), 67A(1), 68A(1), 69A(1), 71A(1), 72B(1), 77(1) or 77B(1); or

(b) an aggregation of non‑systemic schools under section 84.

non‑government body means a body that is not managed or controlled by or on behalf of the Government of a State and, for the purposes of the references to non‑government rural student hostels in Division 1 of Part 5 and non‑government centres in section 69, includes a local government body.

non‑government centre means a centre in a State that:

(a) provides special education; and

(b) is conducted by a non‑government body; and

(d) is not a school.

non‑government disadvantaged school means a non‑government school that is a disadvantaged school.

non‑government rural student hostel means a rural student hostel in a State that:

(a) provides accommodation for students at schools in the State (whether or not it also provides accommodation for other students); and

(b) is conducted by a non‑government body.

non‑government school means a school in a State that is not conducted by or on behalf of the Government of the State, but does not include a school conducted for profit.

non‑government special school means a school in a State that:

(a) has been, or is likely to be, recognised by the State Minister as a special school; and

(b) provides special education; and

(d) is not conducted for profit.

non‑systemic disadvantaged school means a non‑systemic school that is a disadvantaged school.

non‑systemic school means a non‑government school that:

(a) is not included in an approved school system; and

(b) is included in the list as a non‑systemic school.

permanent resident means:

(a) an Australian citizen; or

(b) a person who holds an entry permit (other than a temporary entry permit) in force under the Migration Act 1958; or

(c) a person who is not an Australian citizen but has his or her permanent home in Christmas Island or the Cocos (Keeling) Islands.

prescribed country area has the meaning given by section 13.

program year means the program year 1993, the program year 1994, the program year 1995 or the program year 1996.

program year 1992 means the period of 12 months beginning on 1 January 1992.

program year 1993 means the period of 12 months beginning on 1 January 1993.

program year 1994 means the period of 12 months beginning on 1 January 1994.

program year 1995 means the period of 12 months beginning on 1 January 1995.

program year 1996 means the period of 12 months beginning on 1 January 1996.

recognised temporary entry permit means a valid temporary entry permit determined by the Minister to be a recognised temporary entry permit for the purposes of this Act.

recognised visa means a valid visa determined by the Minister to be a recognised visa for the purposes of this Act.

recurrent expenditure means expenditure relating to the ongoing operating costs of schools.

relevant institution means an institution involved in the provision of educational services, or educational support services, for students at risk, in co‑operation with government schools or in co‑operation with approved authorities of approved school systems or nominated authorities of aggregations of non‑government schools.

relevant Minister, in relation to the former Act or a provision of that Act, at a particular time, means (except in a reference to a State Minister) the Minister administering that Act or provision at that time.

rural student hostel means a hostel the primary purpose of which is to provide accommodation for students from rural areas who are undertaking education at schools, but does not include a hostel that is conducted for profit.

school includes a proposed school, but does not include a school at which education is provided at a standard (however described) that is pre‑school standard only.

school age, in relation to a child, means the age at which the child is first required to attend school under a law of the State in which the child lives.

schools census day, in relation to a program year in relation to a State, means the day in that year, being a day as close as possible to 1 August in that year, that the State Minister advises the Minister is the schools census day for that State for that year.

secondary means junior secondary or senior secondary.

special education means education under special programs designed specifically for children with disabilities or students with disabilities, or both.

special school means a school in a State that:

(a) has been, or is likely to be, recognised by the State Minister as a special school; and

(b) provides special education.

State includes:

(a) the Australian Capital Territory; and

(b) the Northern Territory.

State Minister means:

(a) in relation to a State other than the Australian Capital Territory or the Northern Territory—the Minister of the Crown of the State who is responsible, or primarily responsible, for the administration of matters relating to school education in the State; or

(b) in relation to the Australian Capital Territory—the Minister of the Australian Capital Territory who is responsible, or primarily responsible, for the administration of matters relating to school education in the Australian Capital Territory; or

(c) in relation to the Northern Territory—the Minister of the Northern Territory who is responsible, or primarily responsible, for the administration of matters relating to school education in the Northern Territory.

student at risk means a student who is at risk of not completing secondary education and is likely to be characterised by one or more of the following, namely, Aboriginality, family dislocation, ethnic background, homelessness or poverty.

student with disabilities means:

(a) a student who is attending a government school, government centre, non‑government school or non‑government centre and has been assessed by a person with relevant qualifications as having:

(i) intellectual impairment; or

(ii) sensory impairment; or

(iii) physical impairment; or

(iv) social and emotional impairment; or

(v) multiple impairments;

to a degree that satisfies the criteria for enrolment in special education services or special education programs, being services or programs provided by the government of the State in which the school or centre is located; or

(b) a child with severe disabilities.

systemic disadvantaged school means a systemic school that is a disadvantaged school.

systemic school means a non‑government school that:

(a) is included in an approved school system; and

(b) is included in the list as a systemic school.

temporary entry permit has the same meaning as in the Migration Act 1958.

valid temporary entry permit has the same meaning as in the Migration Act 1958.

valid visa has the same meaning as in the Migration Act 1958.

4 Aboriginal community school

(1) The Minister may make a determination approving a school at which at least 50% of the students are Aborigines to be an Aboriginal community school for the purposes of this Act.

(2) In making a determination under subsection (1) in respect of a school the Minister must have regard to:

(a) whether, having regard to the school’s organisation, management and curriculum, it originates from within a local Aboriginal community; and

(b) whether, having regard to the school’s organisation, management and curriculum, it is supported by a local Aboriginal community;

and may have regard to any other matters that the Minister considers relevant.

5 Disadvantaged schools—government schools

(1) Subject to subsection (2), the Minister may make a determination declaring a government school in a State to be a disadvantaged school for the purposes of this Act.

(2) The Minister must not declare a government school in a State to be a disadvantaged school if the Minister is of the opinion that the total number of students at schools in the State that are, or may become, government disadvantaged schools, is, or will be, at any time during a program year, greater than the approved maximum number of students for government disadvantaged schools in that State for that year.

(3) The Minister must determine, for each State, the number of students that is, for the purposes of this Act, the approved maximum number of students for government disadvantaged schools in the State for each program year, and must notify the State Minister of that number.

(4) If, in respect of a State, a ministerial determination is not in force in respect of any government schools in the State, the State Minister may nominate a government school in the State for which he or she is State Minister to be a disadvantaged school for the purposes of this Act.

(5) A State Government nomination operates until the Minister makes a determination under subsection (1) in respect of a government school in the State.

6 Disadvantaged schools—non‑government schools

(1) Subject to subsection (2), the Minister may make a determination declaring a non‑government school in a State to be a disadvantaged school for the purposes of this Act.

(2) The Minister must not declare a non‑government school in a State to be a disadvantaged school if the Minister is of the opinion that the total number of students at schools in the State that are, or may become, non‑government disadvantaged schools, is, or will be, at any time during a program year, greater than the approved maximum number of students for non‑government disadvantaged schools in that State for that year.

(3) The Minister must determine, in relation to each State, the number of students that is, for the purposes of this Act, the approved maximum number of students for non‑government disadvantaged schools in the State for each program year.

(4) If:

(a) in respect of a State, a ministerial determination is not in force in respect of any non‑government schools in the State; and

(b) the Minister has made a determination under subsection 71A(1) authorising the payment to a State by way of financial assistance to the State for recurrent expenditure or for expenditure on minor capital projects for a program year (other than program year 1993) of:

(i) a nominated authority in connection with non‑government disadvantaged schools in the State; or

(ii) an approved authority of an approved school system in the State in connection with systemic disadvantaged schools in the State; or

(iii) non‑government disadvantaged schools;

the nominated authority or the approved authority may nominate a school to be a disadvantaged school in the State for the purposes of this Act.

(5) A nomination under subsection (4) operates until the Minister makes a determination under subsection (1) in respect of a non‑government school in the State.

7 Equal opportunities

For the purposes of this Act, if an object of a project, program or expenditure is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure equal opportunity with persons of the other sex in education or training, the benefits of, or opportunities created by, the project, program or expenditure are taken to be equally available to males and females.

8 Full fee paying private overseas students

(1) Financial assistance under this Act is not to be provided to a State in respect of full fee paying private overseas students and those students are to be disregarded for the purposes of Part 3.

(2) In this section:

full fee paying private overseas student means a person in relation to whom all of the following paragraphs apply:

(a) the person is receiving primary education or secondary education at a school and, if the person is receiving primary education, the person started receiving that primary education at a school in Australia after 1989;

(b) the person is, within the meaning of the Migration Act 1958, the holder of a valid temporary entry permit (other than a recognised temporary entry permit);

(c) the full cost of the person’s education at the school is being met by the person’s guardian, the person or the person together with the person’s guardian.

9 Levels of education

(1) The Minister may make a determination declaring, for the purposes of this Act, for education provided at schools generally, or at schools included in a particular class of schools, what is a level of primary education or a level of secondary education for a State.

(2) Without limiting the matters to which the Minister may have regard in making a determination under subsection (1), the Minister must have regard to the arrangements made for the provision of education at government schools in the State.

(3) The Minister must cause a copy of each determination under subsection (1) to be published in the Gazette as soon as practicable after the determination is made.

(4) A reference in this Act to a level of education at a school in a State includes a reference to a year in a course of primary or secondary education provided at the school at a level determined by the Minister under subsection (1) that applies to that school.

10 Maximum number of students

(1) If the Minister is empowered to make a determination specifying in the list a maximum number of students eligible for general recurrent funding for a school, or for a location for which the school is included in the list, the Minister may specify in the list for the school or the location any one or more of the following:

(a) a maximum number of primary students;

(b) a maximum number of junior secondary students;

(d) a maximum number of special students.

(2) If a determination relating to the maximum number of primary, junior secondary, senior secondary or special students eligible for general recurrent funding for the whole of a school that is included in the list for 2 or more locations is in force, the Minister must not determine a maximum number of primary, junior secondary, senior secondary or special students, as the case may be, eligible for general recurrent funding for a location for which the school is included in the list.

(3) If a determination relating to the maximum number of primary, junior secondary, senior secondary or special students eligible for general recurrent funding for a location for which a school is included in the list is in force, the Minister must not determine a maximum number of primary, junior secondary, senior secondary or special students, as the case may be, eligible for general recurrent funding for the whole school.

11 Minimum number of students

(1) The Minister may make a determination declaring:

(a) in respect of a level, or a combination of levels, at which education is provided by schools generally, or by schools included in a particular class of schools; or

(b) in respect of special schools;

a number of students to be the minimum acceptable number of students for the purposes of this Act.

(2) The Minister must cause a copy of each determination under subsection (1) to be published in the Gazette as soon as practicable after the determination is made.

12 New or additional location

A school is not taken to be providing education at a new or additional location if:

(a) the whole or a part of the school is relocated to a site adjacent to the site at which the school or the part of the school, as the case may be, provided education before the relocation; and

(b) education at that site is provided at the same levels at which it was provided at the school or at the part of the school, as the case may be, before the relocation.

13 Prescribed country areas

If the Minister is of the opinion that the students, or a substantial number of the students, receiving primary or secondary education in a country area in a State would benefit from:

(a) a program of education designed to alleviate educational disadvantages as a result of restricted access to social and cultural activities and educational services; or

(b) an experimental program of education designed to improve methods of providing education to students in that country area;

the Minister may make a determination declaring the area to be a prescribed country area for the purposes of this Act.

13A Geographically isolated areas—government and non‑government schools

(1) If, in respect of a State, a ministerial determination under section 13 is not in force, the State Minister may declare an area in the State for which he or she is the State Minister to be a geographically isolated area for that year for the purposes of this Act.

(2) The State Minister’s declaration operates until the Minister makes a determination under section 13 in respect of the State.

14 Determinations, approvals etc. by Minister

(1) A determination or approval by the Minister under this Act is to be in writing.

(2) The one instrument may contain one or more determinations or one or more approvals, or both, that the Minister is authorised under one or more provisions of this Act to make or give, whether the determinations or approvals relate to the same program year or to different program years.

(3) A determination or approval takes effect on the day on which the determination or approval was made or on the day specified for the purpose in the determination or approval.

(4) The day of effect of a determination may be a day before the making of the determination if the provision under or for the purposes of which the determination is made so permits.

(5) If a provision of this Act refers to a determination made, approval given or other act or thing done by the Minister and there is no other provision of this Act expressly authorising the Minister to make such a determination, give such an approval or do such an act or thing, the Minister is authorised by force of this subsection to make such a determination, give such an approval or do such an act or thing.

(6) In this Act, unless the contrary intention appears, a reference to a determination or approval by the Minister is a reference to such a determination or approval that is in force.

15 Minister not to authorise payment to State for non‑government body in certain circumstances

(1) The Minister:

(a) must not authorise a payment to a State under this Act for a non‑government body unless the relevant authority has made an agreement with the Commonwealth for the program year for which the payment is to be made, being an agreement of a kind determined by the Minister; and

(b) may refuse to authorise a payment to a State under this Act for a non‑government school, or for a non‑government school for a particular level of education, during any period when the school is not recognised, or is not recognised for that level of education, by the State Minister; and

(c) may refuse to authorise, or may delay, a payment to a State under this Act for the approved authority or nominated authority of a non‑government body if:

(i) the approved authority or nominated authority is a body corporate:

(A) that is being wound up; or

(B) in respect of whose property a receiver has been appointed; or

(ii) in the case of an approved authority or nominated authority that is not a body corporate, it appears to the Minister that:

(A) the liabilities of the authority are substantially greater than its assets; or

(B) the authority is, and is likely to continue for a substantial period to be, unable to pay its debts as and when they fall due for payment.

(2) In this section:

non‑government body includes an approved school system, a systemic school, a non‑systemic school, a non‑government centre, an approved education centre or a non‑government rural student hostel.

relevant authority, in relation to a non‑government body, means:

(a) if the payment is for a capital project administered by a block grant authority—that block grant authority; or

(b) otherwise—the approved authority or nominated authority for the body.

16 Funding of non‑government schools

(1) Financial assistance under this Act is not to be provided to a State for education at a particular level at a particular location at a non‑government school unless the school is included in the list for that level and location.

(2) Subsection (1) does not prohibit the provision of financial assistance to a State under section 53 or 69 for education at a particular level at a particular location at a school if the Minister has given provisional approval under Part 3 to the change that resulted or will result in the provision of education at that level and location or to the proposal that resulted or will result in the provision of education at that level and location at that school.

Part 2—List of non‑government schools and systems

17 List of non‑government schools

(1) The Minister must keep a list of non‑government schools for which financial assistance is provided under this Act.

(2) Subject to subsection (3), the list is to be kept in such manner as the Minister determines, which may be wholly or partly by means of a computer or any other electronic or other device.

(3) The list is to contain for each school included in the list:

(a) the name of the school; and

(b) whether or not the school is included in a approved school system; and

(d) the address of each location at which the school provides education, being education for which financial assistance is provided under this Act; and

(e) a description of:

(i) the levels at which education is provided at the school, being levels of education for which financial assistance is provided under this Act; or

(ii) if more than one location is included under paragraph (d) for the school—the levels at which education is provided at each of those locations, being levels of education for which financial assistance is provided under this Act; and

(f) if the school is not included in an approved school system—the funding level of the school; and

(g) the maximum number of students (if any) eligible for general recurrent funding applicable to the school; and

(h) the minimum number of students applicable for a level of education, for a combination of levels of education, or for the school; and

(j) whether the school:

(i) is a single sex school or a co‑educational school; or

(ii) is solely a day school or is a school that provides boarding facilities.

(4) The Minister must, as soon as practicable after 1 January in each program year, cause the name and funding level of each non‑systemic school to be published in the Gazette.

18 Variation of list of non‑government schools

(1) Any variation of the list to be made under this Act is to be made by determination by the Minister.

(2) The Minister may, having regard to any significant change in the need of a non‑systemic school for financial assistance for recurrent expenditure of the school, vary the list by specifying a different funding level of the school.

(3) If a school in a State that is included in the list ceases to be recognised by the State Minister for a particular level of education, the Minister may vary the list by removing the reference to that level of education for the school.

(4) If a school in a State that is included in the list:

(a) ceases to be recognised by the State Minister; or

(b) becomes conducted for profit;

the Minister may vary the list by removing the name of the school from the list.

(5) If a non‑systemic school becomes a systemic school, or a systemic school becomes a non‑systemic school, the Minister may vary the list and the list of approved school systems to take account of the change.

(6) If a systemic school becomes a non‑systemic school, the Minister must, having regard to the need of the school for financial assistance, determine the funding level of the school and include in the list the level so determined.

(7) The Minister may vary the list:

(a) under another provision of this Act; or

(b) to correct clerical errors or to make alterations of a formal kind, including the removal from the list of the name of a school that has ceased to exist or of a reference to a level of education at a school that has ceased to provide education at that level.

(8) A variation under this section may be expressed to have taken effect from a day before the day on which the determination was made.

(9) If the Minister varies the list under this section, the Minister must give written notice to the relevant approved authority accordingly.

19 List of approved school systems

(1) The Minister must keep a list of approved school systems.

(2) Subject to subsection (3), the list of approved school systems is to be kept in such manner as the Minister determines, which may be wholly or partly by means of a computer or any other electronic or other device.

(3) The list of approved school systems is to contain the funding level of each system included in the list.

(4) The Minister must, as soon as practicable after 1 January in each program year, cause the name, the funding level and the names of the member schools, of each school system included in the list of approved school systems to be published in the Gazette.

20 Variation of list of approved school systems

(1) Any variation of the list of approved school systems to be made under this Act is to be made by determination by the Minister.

(2) The Minister may vary the list of approved school systems to include a new school system that consists of non‑government schools in a State.

(3) If the Minister varies the list of approved school systems to include a school system, the Minister must, having regard to the need of the system for financial assistance, determine, and specify in the list of approved school systems, the funding level of the system.

(4) If:

(a) a significant change occurs in the need of an approved school system for financial assistance, being a change that occurred due to circumstances outside the control of the approved authority; or

(b) a school that is included in the list becomes part of an approved school system;

the Minister may vary the list of approved school systems by specifying a different funding level of the system.

(5) The Minister may vary the list of approved school systems:

(a) under another provision of this Act; or

(b) to correct clerical errors or to make alterations of a formal kind, including the removal from the list of approved school systems of the name of a school system that has ceased to exist.

(6) A variation under this section may be expressed to have taken effect from a day before the day on which the determination was made.

(7) If the Minister varies the list of approved school systems under this section, the Minister must give written notice to the relevant approved authority accordingly.

Part 3—Changes to non‑government schools and proposals for new non‑government schools

Division 1—Changes and proposals requiring assessment

21 Changes to which Division applies

(1) Subject to subsection (2), this Division applies to a change as a result of which a systemic school or a non‑systemic school will:

(a) provide a new level of education at a location for which the school is already included in the list for the provision of another level of education; or

(b) amalgamate with another school that is included in the list if a level of education is to be provided at a location at which neither school provided that level of education before the change; or

(c) provide education at a new location in substitution for a previous location if the school provides education at the new location at the same level or levels as those at which the school provided education at the previous location; or

(d) provide a level of education at an additional location otherwise than as mentioned in paragraph (c); or

(e) separate into 2 or more schools if either or any of those schools is to be at an additional location; or

(f) in the case of a school that is included in the list in respect of a change to which any of the preceding paragraphs applied:

(i) separate into 2 or more schools; or

(ii) amalgamate with another school that is included in the list.

(2) If, in the case of a change referred to in paragraph (1)(d) in relation to a school, the additional location is more than 5 kilometres from:

(a) the location for which the school is included in the list; or

(b) if the school is included for more than one location, the first of those locations for which the school was included in the list or in a list of non‑government schools maintained under the former Act or any previous Act relating to the grant of financial assistance to schools;

the change is taken not to be a change to which this Division applies because of subsection (1) but is taken to be a proposal for a new school to which this Division applies because of section 22.

22 Proposals to which Division applies

This Division applies to a proposal under which the approved authority of an approved school system or of a non‑systemic school seeks to have the list changed so that:

(a) a new school, or an existing school that is not included in the list, becomes included in the list; or

(b) the list recognises the amalgamation of a school that is included in the list with a school that is not included in the list.

23 Approved authority to give notice of change or proposal

(1) If the approved authority of an approved school system or of a non‑systemic school:

(a) proposes to make a change referred to in section 21; or

(b) makes a proposal referred to in section 22;

the authority must give to the Minister a written notice, in the approved form, setting out particulars of the proposed change or proposal.

(2) Subject to subsection (4), the approved authority must give the notice:

(a) if the change is intended to occur or the proposal is intended to take effect before 1 January 1998—not later than 2 years before 1 March in the year in which the change is intended to occur or the proposal is intended to take effect; or

(b) if the change is intended to occur or the proposal is intended to take effect on or after 1 January 1998—not later than 3 years before 31 October in the year in which the change is intended to occur or the proposal is intended to take effect.

(3) The Minister may, in special circumstances, allow the authority to give notice later than the day fixed under subsection (2).

(4) If the Minister allows the authority to submit a notice after the day fixed by subsection (2), the authority must give the notice not later than a day fixed by the Minister.

23A Approved authority must apply to make a change or proposal if change is to occur on or after 1 January 1998

(1) If:

(a) an approved authority of an approved school system or a non‑systemic school has given notice under section 23 in respect of a change referred to in section 21 or a proposal referred to in section 22; and

(b) the change is intended to occur or the proposal is intended to take effect on or after 1 January 1998;

the authority may apply to the Minister, in the approved form, for provisional approval of the proposed change or proposal.

(2) If the approved authority has given notice under paragraph 23(2)(b), the application must be made by 1 March of the year following the year in which the notice was given.

(3) If the approved authority has given notice under subsection 23(4), the application must be made within 2 months after the last day the notice could be given under that subsection.

24 Provisional approval when no significant change in clientele

(1) If:

(a) as required by section 23, the approved authority of an approved school system or of a non‑systemic school has notified the Minister of a proposed change referred to in section 21; and

(b) the authority intends that the proposed change will take effect before 1 January 1998; and

(c) the Minister is satisfied that the clientele of the school after the change will not be significantly different from the clientele of the school before the change;

the Minister must give provisional approval to the change.

(2) If:

(a) as required by section 23, the approved authority of an approved school system or of a non‑systemic school has notified the Minister of a proposed change referred to in section 21; and

(b) the authority intends that the proposed change will take effect on or after 1 January 1998; and

(c) the authority has applied to the Minister for provisional approval in respect of the proposed change in the manner required by section 23A; and

(d) the Minister is satisfied that the clientele of the school after the change will not be significantly different from the clientele of the school before the change;

the Minister must give provisional approval to the change.

25 Provisional approval when significant change in clientele

If:

(a) the approved authority of an approved school system or of a non‑systemic school:

(i) in the case of a change referred to in section 21 (other than a change to which section 24 applies) that is intended to occur, or a proposal referred to in section 22 that is intended to take effect, before 1 January 1998—has notified the Minister of the change or proposal in the manner required by section 23; or

(ii) in the case of such a change that is intended to occur, or of such a proposal that is intended to take effect, on or after 1 January 1998—has applied to the Minister for provisional approval in respect of the change or the proposal in the manner required by section 23A; and

(b) in the case of a change to which this section applies—the Minister is satisfied that the clientele of the school after the change will be significantly different from the clientele of the school before the change; and

(c) the Minister is satisfied that the change or proposal meets the eligibility criteria set out in section 26 or 27, as the case may be; and

(d) the Minister is satisfied that, having regard to the matters set out in section 28, the change or proposal should be approved;

the Minister must give provisional approval to the change or proposal.

26 Eligibility criteria for change

The eligibility criteria referred to in paragraph 25(c) in relation to a proposed change referred to in paragraph 25(a) are that:

(a) such government and non‑government education authorities for the State in which the school is situated as the Minister considers appropriate have been given notice of the proposed change; and

(b) if the change is made, the school or schools after the change will have reasonable prospects of being recognised by the State Minister for the State in which the school is situated; and

(c) if the change is of the kind referred to in paragraph 21(1)(a) or (b)—the school has reasonable prospects of having, not later than the schools census day for the State in the year after the year in which the change is proposed to be initiated, a number of students enrolled at the relevant level that is not less than the minimum number of students for that level; and

(d) if the change involves the separation of the school into 2 or more schools—each of the schools that will emerge from the separation has reasonable prospects of having, not later than the schools census day for the State in the year after the year in which the change is proposed to be initiated, a number of students enrolled at each level at which education is provided at the school that is not less than the minimum number of students for that level.

27 Eligibility criteria for proposal

The eligibility criteria referred to in paragraph 25(c) in relation to a proposal referred to in section 22 for a school are that:

(a) such government and non‑government education authorities for the State in which the school is situated as the Minister considers appropriate have been given notice of the proposal; and

(b) the school, or the school in so far as it provides education at a particular level or at a particular location, has reasonable prospects of being recognised by the State Minister; and

(c) the school, or the school in so far as it provides education at a particular level, has reasonable prospects of having, not later than the schools census day for the State in the year after the year in which the proposal is intended to take effect, a number of students enrolled at the relevant level that is not less than the minimum number of students for that level.

28 Matters for consideration if significant change in clientele

In deciding whether to give provisional approval to a proposed change to which section 25 applies, or to a proposal, in relation to a school, the Minister must have regard to:

(a) the plans (including the plans of the relevant government and non‑government education authorities) for the provision of education in the State, and in the locality, in which the school operates or will operate; and

(b) the past, current and projected characteristics of that locality so far as the provision of education is concerned; and

(c) the priority that the proposed change or proposal should, in the opinion of the Minister, be accorded in relation to funding from the Commonwealth.

29 Variation to take account of change if there is no progressive provision of secondary education

(1) Subject to subsection (2), if:

(a) the approved authority of an approved school system or of a non‑systemic school makes a change referred to in section 21 in relation to a school; and

(b) the Minister has given provisional approval to the change; and

(d) if paragraph 26(c) or (d) is applicable and the change does not involve a progressive provision of secondary education referred to in subsection 29A(1)—the school or schools that emerge from the change have, not later than:

(i) the last day of the year in which the change is proposed to be initiated; or

(ii) the schools census day for the State in the next year;

a number of students enrolled at the relevant level that is not less than the minimum number of students for that level; and

(e) if the change consists of the amalgamation of a school with another school or the separation of a school into 2 or more schools—the school or schools that emerge from the change are not conducted for profit; and

(f) in the case of a non‑systemic school—the approved authority of the school is a body corporate;

the Minister must vary the list to take account of the change.

(2) The Minister must not vary the list under subsection (1) if a matter referred to in that subsection (other than paragraph (d)) occurs after the end of 2 years from the beginning of the year in which the change was proposed to be initiated unless the Minister is satisfied there are exceptional circumstances justifying the variation.

29A Variation to take account of change to which paragraph 26(c) or (d) applies if there is a progressive provision of secondary education

(1) This section applies if:

(a) the approved authority of an approved school system or of a non‑systemic school makes a change referred to in section 21 in relation to a school; and

(b) paragraph 26(c) or (d) applies to the change; and

(c) the change involves progressively providing a course of secondary education over a number of years in the school or schools that emerge from the change, so that the first year or years in the course begin in one year and the remaining later years in the course begin progressively in subsequent years until the complete course is being provided.

(2) Subject to subsection (3), if:

(a) the Minister has given provisional approval to the change; and

(b) the change is recognised by the State Minister of the State in which the school is situated; and

(c) the change consists of the amalgamation of a school with another school or the separation of a school into 2 or more schools—the school or schools that emerge from the change are not conducted for profit; and

(d) in the case of a non‑systemic school—the approved authority of the school is a body corporate; and

(e) the school or schools that emerge from the change have, not later than:

(i) the last day of the year in which the change is proposed to be initiated; or

(ii) the schools census day for the State in the next year;

a number of students enrolled in the first year or years of the course that is not less than the minimum number of students for that level;

the Minister must vary the list to reflect the change in respect of the first year or years of education in the course.

(3) The Minister must not vary the list if a matter referred to in subsection (2) (other than paragraph (e) of that subsection) occurs after the end of 2 years from the beginning of the year in which the change was proposed to be initiated, unless the Minister is satisfied that there are exceptional circumstances justifying the variation.

(4) If, in subsequent years, the school or schools that have emerged continue progressively to attain, by a day not later than the schools census day in the State in each of those years, a number of students enrolled for a subsequent year of education in the course that is not less than the minimum number of students for that level, the Minister must vary the list to reflect the change in respect of the new years of education.

30 Variation to take account of proposal if there is no progressive provision of secondary education

(1) Subject to subsection (2), if:

(a) the Minister has given provisional approval to a proposal referred to in section 22 in relation to a school; and

(b) the change involved in the proposal is recognised by the State Minister of the State in which the school is situated; and

(ba) the change does not involve a progressive provision of secondary education referred to in subsection 30A(1); and

(i) the last day of the year in which the proposal is intended to take effect; or

(ii) the schools census day for the State in the next year;

a number of students enrolled at the relevant level that is not less than the minimum number of students for that level; and

(d) the school is not conducted for profit; and

(e) in the case of a non‑systemic school—the approved authority of the school is a body corporate;

the Minister must vary the list to take account of the change involved in the proposal.

(2) The Minister must not vary the list under subsection (1) in relation to a school if a matter referred to in that subsection (other than paragraph (c)) occurs after the end of 2 years from the beginning of the year in which financial assistance was sought for the school unless the Minister is satisfied there are exceptional circumstances justifying the variation.

30A Variation to take account of proposal if there is a progressive provision of secondary education

(1) This section applies if:

(a) the Minister has given provisional approval to a proposal referred to in section 22 in relation to a school; and

(b) the proposal involves progressively providing a course of secondary education over a number of years in the school that emerges from the change involved in the proposal so that the first year or years in the course begin in one year and the remaining later years in the course begin progressively in subsequent years until the complete course is being provided.

(2) Subject to subsection (3), if:

(a) the change involved in the proposal is recognised by the State Minister of the State in which the school is situated; and

(b) the school is not conducted for profit; and

(d) the school has, not later than:

(i) the last day in the year in which the proposal is intended to take effect; or

(ii) the schools census day for the State in the next year;

a number of students enrolled in the first year or years of the course that is not less than the minimum number of students for that level;

the Minister must vary the list to reflect the change involved in the proposal in respect of the first year or years of education in the course.

(3) The Minister must not vary the list in relation to a school if a matter referred to in subsection (2) (other than paragraph (d)) occurs at the end of 2 years from the beginning of the year in which financial assistance was sought for the school, unless the Minister is satisfied there are exceptional circumstances justifying the variation.

(4) If, in subsequent years, the school that emerges continues progressively to attain, by a day not later than the schools census day in the State in each of those years, a number of students enrolled for each subsequent year of education in the course that is not less than the minimum number of students at that level, the Minister must vary the list to reflect the change involved in the proposal in respect of the new years of education.

31 Variation to take account of proposal for new school at temporary location

If:

(a) the approved authority of an approved school system or of a non‑systemic school has notified the Minister of a proposal for a new school; and

(b) the notice specified a proposed temporary location for the school as well as a proposed permanent location;

the following provisions have effect:

(c) the Minister may vary the list to take account of the proposal for the temporary location but, if such a variation is made, the Minister must specify in the list a maximum number of students for the school for the temporary location (not being a number greater than the maximum number of students that the Minister would specify under section 44 for the permanent location);

(d) if the approved authority notifies the Minister of a proposed change of the temporary location of the school to another temporary location, the Minister may vary the list under paragraph (c) to take account of the proposed change;

(e) if the Minister varies the list under section 30 to take account of the proposal for the permanent location, the Minister may vary the list so as to remove the name of the school from the list for the temporary location;

(f) if the Minister has not varied the list under section 30 to take account of the proposal for the permanent location within the period referred to in subsection 30(2), the Minister may vary the list so as to reduce the maximum number of students specified for the school for the temporary location (including a variation to nil) with effect from a specified date.

32 Variation to include funding level in certain cases

(1) If the Minister:

(a) varies the list to take account of a change of the kind referred to in paragraph 21(1)(b), (e) or (f); or

(b) varies the list to take account of the change involved in a proposal to which this Division applies by including in the list a non‑systemic school in so far as it provides education at a particular level or location;

the Minister must determine the funding level of the school having regard to the need of the school for financial assistance, and include in the list the level so determined.

(2) A funding level determined under subsection (1) for a new non‑systemic school or a non‑systemic school that was not included in the list before the variation, other than:

(a) a special school; or

(b) an Aboriginal community school; or

(c) a school the proposal for which was provisionally approved before 25 May 1988 under the States Grants (Schools Assistance) Act 1984; or

(d) a school the proposal for which was refused provisional approval before 25 May 1988 under the States Grants (Schools Assistance) Act 1984 if that decision is later reversed;

must be any of the levels 1 to 6 stated in column 1 of Schedule 4 and no other level, and the level so determined must not, at any time, be increased to a level greater than level 6 set out in that column.

(3) This section has effect subject to section 33.

33 Non‑systemic school may apply for funding at higher level after 5 years

(1) If:

(a) the funding level of a non‑systemic school is confined to a level or levels not greater than level 6 in column 1 of Schedule 4; and

(b) the school has been in receipt of financial assistance for recurrent expenditure under this Act or the former Act for not less than 5 years;

the approved authority of the school may apply to the Minister, in the approved form, for the funding level of the school to be reassessed.

(2) The Minister must consider an application made under subsection (1) and, having regard to any significant change in the need of the school for financial assistance, may determine a funding level of the school at any of the levels in column 1 of Schedule 4 and include in the list the level so determined.

(3) A determination under subsection (2):

(a) is not to be expressed to take effect from a day earlier than 1 January next following the end of the period of 5 years referred to in subsection (1); but

(b) subject to paragraph (a), may be expressed to have taken effect from a day before the day on which the determination is made.

34 Minister may remove school from list if change made without provisional approval

If:

(a) the approved authority of an approved school system or of a non‑systemic school makes a change to which this Division applies in relation to a school; and

(b) the Minister had not given provisional approval to that change;

the Minister may remove the name of the school from the list.

35 Procedures if Minister does not give provisional approval

(1) If:

(a) the approved authority of an approved school system or of a non‑systemic school proposes to make a change, or makes a proposal, to which this Division applies; and

(b) the Minister decides that he or she is not satisfied that provisional approval should be given to the change or the proposal;

the Minister must, by written notice given to the approved authority, tell the authority of the decision, stating the reasons for the decision and inviting the authority to make, within such reasonable period as is stated in the notice, submissions in relation to the change or proposal.

(2) If the approved authority of an approved school system or of a non‑systemic school makes submissions under subsection (1), the Minister must reconsider the decision, taking those submissions into account, and must give written notice to the authority of the decision on reconsideration and of the reasons for that decision.

36 Minister to give notice to authority of determination

In the Minister makes a determination under this Division, the Minister must give written notice to the relevant approved authority of the determination and of the reasons for the determination.

37 Determination may be given retrospective effect

A determination under this Division may be expressed to have taken effect from a day before the day on which the determination was made but not before the commencing day.

Division 2—Changes not requiring assessment

38 Changes to which Division applies

This Division applies to a change as a result of which a systemic school or a non‑systemic school will:

(a) change from a solely day school to a school that provides boarding facilities; or

(b) change from a school that provides boarding facilities to a solely day school; or

(c) amalgamate with another school that is included in the list if a new level of education is not to be provided at a location at which either school provided a level of education before the change; or

(d) separate into 2 or more schools if neither or none of those schools is to be at an additional location.

39 Approved authority to give notice of change

(1) If the approved authority of an approved school system or of a non‑systemic school proposes to make a change referred to in section 38, the authority must give to the Minister a written notice:

(a) setting out, in the approved form, particulars of the proposed change; and

(b) requesting the Minister to vary the list to take account of the proposed change.

(2) The notice must be given:

(a) not later than 1 July in the year before the year in which the change is intended to occur; or

(b) if the Minister, in special circumstances, has allowed the notice to be given after the day fixed under paragraph (a)—not later than a day fixed by the Minister.

40 Variation to take account of change

(1) Subject to subsection (2), if:

(a) the approved authority of an approved school system or of a non‑systemic school has notified the Minister under section 39 of a proposed change referred to in section 38; and

(b) the change is recognised by the State Minister of the State in which the school is situated; and

(c) in the case of a change that consists of the amalgamation of a school with another school or the separation of a school into 2 or more schools—the school or schools that will emerge from the change are not conducted for profit; and

(d) in the case of a change that consists of the separation of a school into 2 or more schools—each of the schools that will emerge from the change has, not later than:

(i) the last day of the year in which the change is proposed to be initiated; or

(ii) the schools census day for the State in the next year;

a number of students enrolled at the relevant level that is not less than the minimum number of students for that level; and

(e) in the case of a change that relates to a non‑systemic school—the approved authority of the school is a body corporate;

the Minister must vary the list to take account of the change.

(2) The Minister must not vary the list under subsection (1) if a matter referred to in that subsection occurs after the end of 2 years from the beginning of the year in which the change was proposed to be initiated unless the Minister is satisfied there are exceptional circumstances justifying the variation.

41 Variation to include funding level in certain cases

If the Minister varies the list to take account of a change of the kind referred to in paragraph 38(c) or (d), the Minister must determine the funding level of the school having regard to the need of the school for financial assistance, and include in the list the level so determined.

42 Minister to give notice to authority of determination

If the Minister makes a determination under this Division, the Minister must give written notice to the relevant approved authority of the determination.

43 Determination may be given retrospective effect

A determination under this Division may be expressed to have taken effect from a day before the day on which the determination was made but not before the commencing day.

Division 3—Maximum and minimum numbers of students

44 Minister may change maximum number of students eligible for general recurrent funding

(1) If the Minister varies the list under section 29, 29A, 30 or 30A in relation to a school, the Minister may make a determination varying the list by:

(a) specifying in the list for the school, or for a location for which the school is included in the list, a maximum number of students eligible for general recurrent funding; or

(b) if such a maximum number is already specified in the list—varying that number.

(2) If:

(a) an approved authority makes a change to which Division 1 applies in relation to a school; and

(b) the authority did not notify the Minister of the proposed change in the manner required by section 23;

the Minister may make a determination varying the list by:

(c) specifying in the list for the school, or for a location for which the school is included in the list, a maximum number of students eligible for general recurrent funding; or

(d) if such a maximum number is already specified in the list—varying that number.

(3) If the Minister makes a determination under this section, the Minister must give written notice to the relevant approved authority of the decision.

(4) A variation of the list under this section may be expressed to have taken effect from a day before the day on which the determination was made.

44A Approved authority to give notice of variation of list if variation to occur on or after 1 January 1998

(1) If:

(a) a maximum number of students eligible for general recurrent funding is specified in the list for a systemic school or a non‑systemic school or for a location for which the school is included in the list; and

(b) the authority wishes the Minister to increase or decrease the specified number on or after 1 January 1998;

the authority must give to the Minister a written notice in the approved form setting out particulars of the proposed variation.

(2) The approved authority must give the notice:

(a) not later than 3 years before 31 October in the year in which the variation is intended to occur; or

(b) if the Minister, in special circumstances, has allowed the authority to give notice after the day fixed under paragraph (a)—not later than a day fixed by the Minister.

45 Approved authority must apply to Minister for a variation of list

(1) If:

(a) a maximum number of students eligible for general recurrent funding is specified in the list for a systemic school or a non‑systemic school or for a location for which a school is included in the list; and

(b) the authority wishes the Minister to increase or decrease the specified number before 1 January 1998;

the approved authority may apply to the Minister in the approved form for a variation of the list so as to increase or decrease the number so specified.

(2) If:

(b) the authority wishes the Minister to increase or decrease the number so specified on or after 1 January 1998; and

(c) an approved authority has given notice under section 44A in respect of a systemic school or a non‑systemic school or in respect of a location for which a school is included in the list;

the authority may apply to the Minister in the approved form for a variation of the list so as to increase or decrease the maximum number of students so specified.

(2A) An application under subsection (1) must be made:

(a) not later than 2 years before 1 March in the year in which the proposed variation would take effect; or

(b) if the Minister, in special circumstances, has allowed the authority to give a notice after the day fixed under paragraph (a)—not later than a day fixed by the Minister.

(2B) If the approved authority has given notice under paragraph 44A(2)(a), the application must be made by 1 March in the year following the year in which notice was given.

(2C) If the approved authority has given notice under paragraph 44A(2)(b), the application must be made within 2 months after the last day the notice could be given under that paragraph.

(3) If:

(a) the Minister receives an application under subsection (1) or subsection (2) from an approved authority for a proposed variation of the list for a school; and

(b) the Minister is satisfied that the clientele of the school after the variation will not be significantly different from the clientele of the school before the variation;

the Minister must vary the list in accordance with the application.

(4) If:

(a) the Minister receives an application under subsection (1) or subsection (2) from an approved authority for a proposed variation of the list for a school; and

(b) the Minister is satisfied that the clientele of the school after the variation will be significantly different from the clientele of the school before the variation; and

(i) the appropriate government and non‑government education authorities for the State in which the school is situated have been given notice of the proposed variation; and

(ii) having regard to the matters set out in subsection (5), the variation should be made;

the Minister must vary the list in accordance with the application.

(5) In deciding whether to make a variation of the list under subsection (4) in relation to a school, the Minister must have regard to:

(b) the past, current and projected characteristics of that locality so far as the provision of education is concerned; and

(c) the priority that the proposed variation should, in the opinion of the Minister, be accorded for funding from the Commonwealth.

(6) If:

(a) the Minister receives an application, under subsection (1) or subsection (2), from an approved authority for a proposed variation of the list in relation to a school; and

(b) the Minister decides that he or she is not satisfied that the list should be varied in accordance with the application;

the Minister must, by written notice given to the authority, tell the authority of the decision, stating the reasons for the decision and inviting the approved authority to make, within such reasonable period as is stated in the notice, submissions in relation to the proposed variation.

(7) If the approved authority of an approved school system or of a school makes submissions for a proposed variation after being invited to do so under subsection (6), the Minister must reconsider the decision, taking those submissions into account, and give written notice to the authority of the decision on reconsideration and of the reasons for the decision.

(8) If the Minister makes a determination under this section, the Minister must give written notice to the relevant approved authority of the decision and of the reasons for the decision.

(9) A variation of the list under this section may be expressed to have taken effect from a day before the day on which the determination was made.

46 Non‑government schools—change if failure to meet minimum enrolments

(1) Subject to subsection (2), if the number of students enrolled at a particular level, or at a particular combination of levels, at a systemic or non‑systemic school in a State, being a school that is included in the list for the provision of education at that level or those levels, is less than the minimum number of students for that level or that combination of levels, as the case may be, on the schools census day for that State in a program year, the Minister may vary the list by:

(a) removing the name of the school from the list; or

(b) including the school in the list only in so far as it provides education at a particular level.

(2) If the Minister proposes to take action under this section in relation to a school, the Minister must, by written notice given to the approved authority, tell the authority of the proposed action, stating the reasons for the proposed action and inviting the approved authority, to make, if it considers that there is a special justification for the low enrolment, within such reasonable period as is set out in the notice, submissions in relation to the proposed action.

(3) If the approved authority makes submissions under subsection (2), the Minister must reconsider the decision to take action under this section, taking those submissions into account, and must give written notice to the approved authority of the decision on reconsideration and of the reasons for the decision.

46A Non‑government schools—change if there is a failure, during the course of a progressive provision, to meet minimum enrolments

(1) If, in respect of a systemic or non‑systemic school that has emerged from a change referred to in section 21 or a proposal referred to in section 22:

(a) the Minister has made a variation to the list of a kind referred to in subsection 29A(2) or 30A(2) in respect of the first year or years in a course of secondary education; and

(b) in one of the subsequent years after the variation was made (but while the school is still extending into providing a full course of secondary education), the Minister cannot make a further variation to the list of a kind referred to in subsection 29A(4) or 30A(4) because the number of students enrolled in a later year of education in the course is less than the minimum number of students for that year of education on the schools census day for that State in a program year;

the Minister may make a determination varying the list by removing the name of the school from the list so far as it provides education at that secondary education level.

(3) The notice must state the reasons for the proposed action and invite the authority to make, if it considers that there is a special justification for the low enrolment, within such reasonable period as is set out in the notice, submissions in relation to the proposed action.

(4) If the approved authority makes submissions, the Minister must reconsider the decision to take action under this section, taking those submissions into account.

(5) The Minister must give to the authority written notice of the decision on reconsideration and the reasons for it.

Part 4—Capital and general recurrent grants for government schools

47 Grants for capital projects

(1) Subject to this section, the Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for a program year, for capital projects in connection with government schools or government rural student hostels, or both, in the State.

(2) The total amount paid to a State under subsection (1) for a program year for projects other than projects that are designed to assist the retention of secondary level students must not be greater than the amount set out opposite to the name of the State in column 2 of the Part of Schedule 1 that relates to that year.

(3) The total amount paid to a State under subsection (1) for program year 1993 for projects designed to assist the retention of secondary level students must not be greater than the amount set out opposite to the name of the State in column 3 of Part 1 of Schedule 1.

(4) The Minister must not authorise a payment to a State under this section for a program year unless the State has made an agreement with the Commonwealth for that year, being an agreement of a kind determined by the Minister that sets out conditions on which financial assistance is granted to the State under this section.

(5) Financial assistance is granted to a State under this section:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 50.

48 Grants for capital projects relating to refurbishment

(1) The Minister may make a determination approving for the program year 1993 a capital project relating to the refurbishing of government secondary schools.

(2) The Minister may make a determination authorising the payment to a State, by way of financial assistance to the State for expenditure for the program year 1993 for a project approved under subsection (1), of an amount for the project.

(3) The total amount paid to a State under subsection (2) for projects must not be greater than the amount set out opposite to the name of the State in column 4 of the Part of Schedule 1 that relates to the program year.

(4) The Minister must not authorise a payment to a State under subsection (2) unless the State has made an agreement with the Commonwealth for the program year 1993, being an agreement of a kind determined by the Minister that sets out conditions on which financial assistance is granted to the State under subsection (2).

(5) Financial assistance is granted to a State under this section:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 50.

49 Grants for general recurrent expenditure

(1) Subject to subsection (3), the Minister may make a determination authorising the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure of government schools in the State for a program year, of an amount that is not greater than the sum of the amounts worked out using the following formulas:

(a)

(b) .

(2) In the formulas in subsection (1):

Part 1 amount means the amount set out in the column of Part 1 of Schedule 2 that relates to the program year.

Number of primary students means the number of students (including the full‑time equivalent of part‑time students) receiving primary education at government schools in the State on the schools census day for the State for the program year or on such other day as the Minister, in special circumstances, determines.

Part 2 amount means the amount set out in the column of Part 2 of Schedule 2 that relates to the program year.

Number of secondary students means the number of students (including the full‑time equivalent of part‑time students) receiving secondary education at government schools in the State on the schools census day for the State for the program year or on such other day as the Minister, in special circumstances, determines.

(3) The Minister must not authorise a payment to a State under this section for a program year unless the State has made an agreement with the Commonwealth for that year, being an agreement of a kind determined by the Minister that sets out conditions on which financial assistance is granted to the State under this section.

(4) Financial assistance is granted to a State under this section:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 50.

50 Additional conditions of grants under this Part

(1) In addition to any conditions specified in an agreement under this Part, financial assistance is granted to a State under a provision of this Part for a program year on the condition that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) stated for fulfilment of the condition:

(a) the State will, if the Minister so determines, repay to the Commonwealth such amount (not being greater than the sum of the amounts of financial assistance paid to the State under that provision for that year) as the Minister specifies in the determination; and

(b) the Minister may delay the making of any further payment to the State under this Act until the State fulfils that condition.

(2) If:

(a) financial assistance:

(i) was granted to a State under a provision of the former Act that corresponds to a provision of this Part; or

(ii) is granted to a State under a provision of this Part; and

(b) under a condition of that grant the relevant Minister, or the Minister, as the case may be, has determined that the State should repay an amount to the Commonwealth; and

(c) an amount (the repayable amount), being the whole or a part of the amount referred to in paragraph (b), remains unpaid;

the Minister may make a determination reducing an amount that is payable to the State under the relevant provision of this Part in a program year by an amount not greater than the repayable amount.

Part 5—Grants for non‑government schools and non‑government rural student hostels

Division 1—Capital grants

51 Approval of block grant authorities and maintenance of lists of participating schools and hostels

(1) The Minister may make a determination approving a body corporate as a block grant authority for schools and rural student hostels if the body corporate makes an agreement with the Commonwealth, being an agreement of a kind determined by the Minister.

(2) The Minister must keep, in respect of each block grant authority approved under subsection (1), a list of the schools and rural student hostels that participate in that block grant authority.

(3) The list is to be kept in such manner as the Minister determines, which may be wholly or partly by means of a computer or any other electronic or other device.

(4) If a block grant authority notifies the Minister that:

(a) a particular school or rural student hostel has applied to the authority for participation in the authority; and

(b) the authority is willing to accept that school or hostel as a participant;

particulars of that school or hostel may be added to the list of schools and hostels that participate in that authority.

(5) If a block grant authority notifies the Minister that:

(a) a particular school or rural student hostel:

(i) no longer wishes to participate in the authority; and

(ii) has no outstanding obligations to the authority; or

(b) a particular school or rural student hostel has ceased to exist;

particulars of that school or hostel may be removed from the list of schools and hostels that participate in that authority.

(6) The Minister may, before taking any action under subsection (4) or (5), make such inquiries as he or she thinks appropriate to verify the matters notified to the Minister.

(7) At any one time a school or rural student hostel must not be recorded as participating in more than one block grant authority.

52 Approval of capital projects

(1) Subject to this section, the Minister may, for the purposes of section 53, make a determination:

(a) approving a capital project in connection with a non‑government school or a non‑government rural student hostel in a State; and

(b) approving the amount to be paid under section 53 for the project or the amount to be paid under that section for the project for a particular program year or particular program years; and

(2) The Minister may make a determination fixing the maximum amount to be paid to each block grant authority for a program year for projects approved under subsection (1).

(3) The Minister must not vary an amount approved for payment for a project administered by a block grant authority if the variation would result in the total amount to be paid to the authority for a program year under this section being greater than the maximum amount fixed for the authority under subsection (2) for that year.

(4) A block grant authority may vary an amount approved for payment for a project administered by that authority for a program year so long as the variation would not result in:

(a) the total amount originally approved for the project under paragraph (1)(b) or, if that amount has been varied by the Minister, that amount as so varied, being increased or decreased by more than 10%; or

(b) the total amount to be paid to the authority for that year being greater than the maximum amount fixed for the authority under subsection (2) for that year.

53 Grants for capital projects

The Minister may make a determination authorising the payment to the States, by way of financial assistance to the States for expenditure for a program year for projects approved under section 52, of amounts the total of which is not greater than the amount set out in column 2 of Schedule 3 opposite to that year.

54 Conditions of grants

Financial assistance is granted to a State under this Division for expenditure on projects approved under section 52 for a program year in connection with non‑government schools or non‑government rural student hostels in the State on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the relevant block grant authority or approved authority an amount equal to each amount paid to the State under this Division for that authority;

(b) that, when making the payment, the State will describe the amount paid to the authority as a payment made out of money paid to the State by the Commonwealth under this Division;

Division 2—General recurrent grants

55 Grants for general recurrent expenditure

(1) The Minister may make a determination authorising the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure of an approved school system, or of a non‑systemic school, in the State for a program year, of an amount not greater than the sum of the amounts worked out using the following formulas:

(a)

(b)

(2) In the formulas in subsection (1):

Part 1 amount means the amount set out in the column of Part 1 of Schedule 4 that relates to the program year opposite to the funding level of the school system or of the school, as the case may be.

Number of primary students means the number of students (including the full‑time equivalent of part‑time students) receiving primary education at systemic schools in that system or at that school, as the case may be, on the schools census day for the State for the program year or on such other day as the Minister, in special circumstances, determines.

Part 2 amount means the amount set out in the column of Part 2 of Schedule 4 that relates to the program year opposite to the funding level of the school system or the school, as the case may be.

Number of secondary students means the number of students (including the full‑time equivalent of part‑time students) receiving secondary education at systemic schools in that system or at that school, as the case may be, on the schools census day for the State for the program year or on such other day as the Minister, in special circumstances, determines.

(3) For the purposes of the definitions of number of primary students and number of secondary students in subsection (2), a student is receiving primary education or receiving secondary education at systemic schools in that system or at that school if:

(a) the student attends, on a daily basis, a systemic school in the system or the school (as the case may be) at the location set out in the list of non‑government schools in respect of that school; or

(b) in the case where paragraph (a) does not apply—if the Minister has determined that, in special circumstances, the student should be treated as so attending the school.

56 Conditions of grants

Financial assistance is granted to a State under this Division for recurrent expenditure of an approved school system, or of a school, in the State for a program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the approved authority of the approved school system or of the school, as the case may be, an amount equal to each amount paid to the State under this Division for the school system or the school for that year;

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this Division;

57 Minister may reduce general recurrent grant in certain circumstances

If, during a program year:

(a) a non‑systemic school becomes a systemic school; and

(b) the level at which financial assistance was payable for the school before it became a systemic school was any of levels 1 to 6 stated in column 1 of Schedule 4; and

(c) the level at which financial assistance is payable for the approved school system to which the school belongs is greater than the level referred to in paragraph (b);

the amount worked out under section 55 for the school system is to be reduced by the amount worked out using the formula:

Systemic school amount minus Non‑systemic school amount

where:

Systemic school amount means the part of the amount worked out under section 55 for the school system that is referable to the number of students receiving primary education or secondary education at the school in that year.

Non‑systemic school amount means the amount that would have been worked out under section 55 for the school for that year if the school had remained a non‑systemic school.

58 Limits on funding if maximum number of students specified

(1) If:

(a) a maximum number of primary students, junior secondary students, senior secondary students or special students eligible for general recurrent funding is specified in the list in relation to a school; and

(b) the number of students receiving primary, junior secondary, senior secondary or special education, as the case may be, at the school in a program year is greater than that maximum number;

the number of students receiving primary, junior secondary, senior secondary or special education, as the case may be, at the school is taken, for the purposes of section 55, to be that maximum number.

(2) If:

(b) the number of students receiving primary, junior secondary, senior secondary or special education, as the case may be, at the location is greater than that maximum number;

the number of students receiving primary, junior secondary, senior secondary or special education, as the case may be, at the location is taken, for the purposes of section 55, to be that maximum number.

Division 3—Grants for short‑term emergency assistance for non‑government schools

59 Grants of short‑term emergency assistance

(1) Subject to subsection (2), if the Minister is satisfied that, because of any unexpected circumstance, a systemic school or a non‑systemic school in a State is in special need of short‑term emergency assistance in a program year, the Minister may make a determination authorising the payment to the State, by way of financial assistance to the State to provide short‑term emergency assistance for the school for that year, of such amounts as the Minister determines.

(2) The Minister must not authorise payments under subsection (1) for a program year the total of which is greater than the amount set out in the column of Schedule 5 that relates to that year.

60 Conditions of grants

Financial assistance is granted to a State under section 59 for a systemic school or a non‑systemic school for a program year on the following conditions:

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under that section;

Division 3A—Grants for special projects in connection with non‑government rural student hostels

60A Grants for special projects in connection with non‑government rural student hostels

(1) The Minister may make a determination approving a project for a grant in a program year if:

(a) the project focuses on either the management or operation, or both, of one or more non‑government rural student hostels; and

(b) the Minister is satisfied that the aims of the project in respect of each such hostel include any of the following:

(i) to improve the standard of services provided to students in the hostel;

(ii) to improve the administration of the hostel;

(iii) to improve community liaison with persons managing or operating the hostel.

(2) The Minister may make a determination authorising the payment to a State for a program year of an amount by way of financial assistance to the State for expenditure on a project or projects approved under this section.

(3) The total of the amounts paid to the States for the program year must not be greater than the amount set out in Schedule 5A in respect of the program year.

(4) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year under this section for a project conducted by the State.

(5) The conditions are to be included in an agreement made by the State with the Commonwealth.

(6) The Minister must not authorise a payment to the State for the program year for a project conducted by the State unless the State has made the agreement.

(7) Financial assistance is granted to a State under this section for the program year in relation to an approved project conducted by the State:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 60B.

(8) Financial assistance is granted to a State for the program year in relation to an approved project conducted by a body other than a State on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the approved authority of the body an amount equal to each amount paid to the State under subsection (2) for the project;

(b) that, when making a payment, the State will describe the amount paid to the authority as a payment made for the project out of money paid to the State under this section;

60B Additional conditions—if agreement between Commonwealth and a State

(1) In addition to any conditions specified in an agreement under section 60A made between the Commonwealth and a State, financial assistance is granted to a State under section 60A for a program year on the conditions that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) stated for fulfilment of the condition:

(a) the State will, if the Minister so determines, repay to the Commonwealth such amount (not being greater than the sum of the amounts of financial assistance paid to the State under section 60A in respect of that year) as the Minister specifies in the determination; and

(b) the Minister may delay the making of any further payment to the State under this Act until the State fulfils that condition.

(2) If:

(a) financial assistance is granted to a State under section 60A; and

(b) under a condition of that grant the relevant Minister, or the Minister, as the case may be, has determined that the State should repay an amount to the Commonwealth; and

the Minister may make a determination reducing an amount that is payable to the State under section 60A in a program year by an amount not greater than the repayable amount.

60C Additional conditions—if agreement between Commonwealth and body other than a State

(1) In addition to any conditions specified in section 60A for a grant of financial assistance to a State for a program year, financial assistance is granted on the conditions that:

(a) if the State does not fulfil a condition so specified for the grant, the State will, if the Minister so determines, repay to the Commonwealth an amount (not being greater than the sum of the amounts of financial assistance paid to the State under that section for that year) as the Minister specifies in the determination; and

(b) if the approved authority of a non‑government rural student hostel or of another body conducting a project in the State does not fulfil a condition under an agreement between the authority and the Commonwealth made in connection with the financial assistance, the Minister may delay making any further payment under this Act to the State for the authority until the authority fulfils that condition.

(2) Subsection (1) does not authorise the recovery by the Commonwealth of an amount in respect of financial assistance granted to a State under section 60A if the sum of:

(a) that amount; and

(b) any amount previously recovered from that State in respect of that financial assistance;

would be greater than the amount of that financial assistance.

Division 4—Additional conditions of grants

61 Additional conditions

(1) In addition to any conditions specified in Division 1, 2 or 3 of this Part for a grant of financial assistance to a State under a provision of Division 1, 2 or 3 of this Part for a program year, that financial assistance is granted on the conditions that:

(a) if the State does not fulfil a condition so specified for the grant, the State will, if the Minister so determines, repay to the Commonwealth an amount (not being greater than the sum of the amounts of financial assistance paid to the State under that provision for that year) as the Minister specifies in the determination; and

(b) if a block grant authority or the approved authority of an approved school system, of a school or of a non‑government rural student hostel in the State does not fulfil a condition under an agreement between the authority and the Commonwealth made in connection with the financial assistance, the Minister may delay the making of any further payment to the State for the authority under this Act until the authority fulfils that condition.

(2) Subsection (1) does not authorise the recovery by the Commonwealth of any amount in respect of financial assistance granted to a State under a provision of Division 1, 2 or 3 of this Part if the sum of:

(a) that amount; and

(b) any amount previously recovered from that State in respect of that financial assistance;

would be greater than the amount of that financial assistance.

(3) If:

(a) financial assistance:

(i) was granted to a State under a provision of the former Act that corresponds to a provision of Division 1, 2 or 3 of this Part; or

(ii) is granted to a State under a provision of Division 1, 2 or 3 of this Part; and

(b) under a condition of that grant the relevant Minister, or the Minister, as the case may be, has determined that the State should repay an amount to the Commonwealth; and

(c) an amount (the repayable amount), being the whole or a part of the amount referred to in paragraph (b), remains unpaid;

the Minister may reduce an amount that is payable to the State under the relevant provision of Division 1, 2 or 3 of this Part for a program year by an amount not greater than the repayable amount.

Part 6—National equity program for schools

Division 1—Grants to facilitate access to school education

62 Grants for recurrent expenditure on general education in English as a second language in government schools

(1) Subject to this section, the Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for recurrent expenditure for a program year on general education in English as a second language provided at or in connection with government schools in the State.

(2) The total of the amounts paid to a State under subsection (1) for a program year must not be greater than the amount set out opposite to the name of that State in column 2 of the Part of Schedule 6 that relates to that program year.

(3) The Minister must not authorise a payment to a State under subsection (1) for a program year unless the State has made an agreement with the Commonwealth for that year, being an agreement of a kind determined by the Minister that sets out conditions on which financial assistance is granted to the State under that subsection.

(4) Financial assistance is granted to a State under this section:

(a) on the conditions set out in the relevant agreement; and

(b) on the additional conditions applicable under section 82.

(5) If, in respect of a program year (other than program year 1993), the Minister makes a determination under subsection 63(1) in respect of a State, the State may, in that program year, apply some or all of the financial assistance paid to it under this section in respect of the same program year to recurrent expenditure of the kind set out in that subsection for that program year.

(6) Financial assistance applied by the State as set out in subsection (5) is money that is taken to have been paid to the State under section 63.

(7) Subsection (5) operates despite:

(a) any other provision in this Act; and

(b) any condition in an agreement made between the Commonwealth and the authority in respect of the financial assistance paid to it under this section or section 63.

63 Grants for recurrent expenditure on education in English as a second language for eligible new arrivals in government schools

(1) Subject to this section, the Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for recurrent expenditure for a program year on ESL courses provided for eligible new arrivals at or in connection with government schools in the State, being courses beginning or continuing in the program year.

(2) The total amount paid to a State under subsection (1) for a program year must not be greater than the amount worked out using the formula:

where:

Column 4 amount means the amount set out in column 4 of the Part of Schedule 6 that relates to the program year.

Number of eligible new arrivals in government schools means the number of eligible new arrivals enrolled in ESL courses provided as mentioned in subsection (1).

(4) Financial assistance is granted to a State under this section:

(a) on the conditions set out in the relevant agreement; and

(b) on the additional conditions applicable under section 82.

(5) If, in respect of a program year (other than program year 1993), the Minister makes a determination under subsection 62(1) in respect of a State, the State may, in that program year, apply some or all of the financial assistance paid to it under this section in respect of the same program year, to recurrent expenditure of the kind set out in that subsection for the program year.

(6) Financial assistance applied by the State as set out in subsection (5) is money that is taken to have been paid to the State under section 62.

(7) Subsection (5) operates despite:

(a) any other provision in this Act; and

(b) any condition in an agreement made between the Commonwealth and the authority in respect of the financial assistance paid to it under this section or section 62.

64 Grants for recurrent expenditure on general education in English as a second language in non‑government schools—program year 1993

(1) Subject to subsection (2), the Minister may make a determination authorising the payment to a State, by way of financial assistance to the State for recurrent expenditure of an approved school system, or 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 systemic schools in the school system, or the school, for the program year 1993 of such amounts as the Minister determines.

(2) The total of the amounts paid to a State for the program year 1993 must not be greater than the amount set out opposite to the name of that State in column 3 of the Part of Schedule 6 that relates to that program year.

(3) Financial assistance is granted to a State under this section for an approved school system, or a school, in the State for a program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the approved authority of the approved school system or of the school, as the case may be, an amount equal to each amount paid to the State under this section for the school system or the school for that year;

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this section;

65 Grants for recurrent expenditure on education in English as a second language for eligible new arrivals in non‑government schools—program year 1993

(1) The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for recurrent expenditure of an approved school system, or of a non‑systemic school, in the State for the program year 1993 in connection with education in English as a second language for eligible new arrivals enrolled in ESL courses beginning or continuing in the program year, being courses provided at or in connection with systemic schools in the school system, or the school.

(2) The total amount paid to a State under subsection (1) for a program year must not be greater than the amount worked out using the formula:

where:

Column 4 amount means the amount set out in column 4 of the Part of Schedule 6 that relates to the program year.

Number of eligible new arrivals in non‑government schools means the number of eligible new arrivals enrolled in ESL courses as mentioned in subsection (1).

(3) Financial assistance is granted to a State under this section for an approved school system, or a non‑systemic school, in the State for a program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the approved authority of the school system or of the school, as the case may be, an amount equal to each amount paid to the State under this section for the school system or the school for that year;

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section;

65A Grants for recurrent expenditure on general education in English as a second language in non‑government schools—program years 1994, 1995 and 1996

(1) An aggregation of non‑government schools may nominate a body to be the nominated authority of the aggregation for the purposes of this section.

(2) The Minister may, in respect of a program year (other than program year 1993) make a determination authorising the payment to a State, by way of financial assistance to the State, for recurrent expenditure of:

(a) a nominated authority for non‑government schools in the aggregation in the State; or

(b) the approved authority of one approved school system in the State for systemic schools in the system in the State; or

during that program year, in connection with providing, at or in connection with the schools, general education in English as a second language.

(3) Subject to subsection (4), the determination may authorise the payment of such amounts as the Minister determines.

(4) The total of the amounts paid to a State for the program year 1994, 1995 or 1996 must not be greater than the amount set out opposite to the name of that State in column 3 of the Part of Schedule 6 that relates to that year.

(5) Financial assistance is granted to a State for a nominated authority or an approved authority of an approved school system or non‑government schools in the State for a program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the nominated authority or relevant approved authority an amount equal to each amount paid to the State under this section for the school system or the school for that year;

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this section;

(6) If, in respect of the program year, the Minister makes a determination under subsection 65B(2) authorising the payment to a State by way of financial assistance to the State for recurrent expenditure of the nominated authority or the approved authority, the nominated authority or the approved authority may, in that program year, apply some or all of the financial assistance paid to it under this section in respect of the same program year, to recurrent expenditure of the kind set out in that subsection for that program year.

(7) Financial assistance applied by an authority as set out in subsection (6) is money that is taken to have been paid to the State under section 65B.

(8) Subsection (6) operates despite:

(a) any other provision in this Act; and

(b) any condition in an agreement made between the Commonwealth and the authority in respect of the financial assistance paid to it under this section or section 65B.

65B Grants for recurrent expenditure on education in English as a second language for eligible new arrivals in non‑government schools in program years 1994, 1995 and 1996

(1) An aggregation of non‑government schools may nominate a body to be the nominated authority of the aggregation for the purposes of this section.

(2) The Minister may, in respect of a program year (other than program year 1993), make a determination authorising the payment to a State, by way of financial assistance to the State for recurrent expenditure of:

(a) a nominated authority for non‑government schools in the aggregation in the State; or

(b) the approved authority of one approved school system for systemic schools in the system in the State; or

during that program year, in connection with providing, at or in connection with the schools, education in English as a second language for eligible new arrivals enrolled in ESL courses beginning or continuing in the same year.

(3) Subject to subsection (4), the determination may authorise the payment of such amounts as the Minister determines.

(4) The total amount paid to a State under subsection (2) for the program year must not be greater than the amount worked out using the formula:

where:

Column 4 amount means the amount set out in column 4 of the Part of Schedule 6 that relates to the program year.

Number of eligible new arrivals in non‑government schools means the number of eligible new arrivals enrolled in ESL courses as mentioned in subsection (2).

(5) Financial assistance is granted to a State for a nominated authority or an approved authority of an approved school system or non‑government schools in the State for the program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the nominated authority or approved authority as the case may be, an amount equal to each amount paid to the State under this section for the school system or the school for the year;

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section;

(6) If, in respect of the program year, the Minister makes a determination under subsection 65A(2) authorising the payment to a State by way of financial assistance to the State for recurrent expenditure of the nominated authority or the approved authority, the nominated authority or the approved authority may, in that program year, apply some or all of the financial assistance paid to it under this section in respect of the same program year, to recurrent expenditure of the kind set out in subsection 65A(2) for the same program year.

(7) Financial assistance applied by an authority as set out in subsection (6) is money that is taken to have been paid to the State under section 65A.

(8) Subsection (6) operates despite:

(a) any other provision in this Act; and

(b) any condition in an agreement made between the Commonwealth and the authority in respect of the financial assistance paid to it under this section or section 65A.

66 Grants for recurrent expenditure in connection with special education at government schools or centres

(1) The Minister may make a determination authorising the payment to a State for a program year of an amount by way of financial assistance to the State for that year for recurrent expenditure in connection with special education.

(2) In subsection (1):

recurrent expenditure in connection with special education includes recurrent expenditure on integration activities, and expenditure on minor capital projects in connection with integration activities, conducted at government schools in the State, or at places of education approved by the Minister or the State Minister for the purposes of the definition of integration activities in section 3, being schools or places at which special education is provided by or on behalf of the State.

(3) An amount paid to a State under subsection (1) for a program year must not be greater than the amount set out, opposite to the name of the State, in column 5 of the Part of Schedule 6 that relates to the program year.

(4) The Minister must not authorise a payment to a State under subsection (1) for a program year unless the State has made an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind determined by the Minister that sets out conditions on which financial assistance is granted to the State under subsection (1).

(5) Financial Assistance is granted to a State for a program year under this section:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

67 Grants for recurrent expenditure in connection with special education at non‑government schools or centres—program year 1993

(1) The Minister may make a determination authorising the payment to a State for the program year 1993 of an amount by way of financial assistance to the State for that year for recurrent expenditure, expenditure on integration activities and expenditure on minor capital projects, being expenditure in connection with special education provided at or in connection with a non‑government school, or a non‑government centre, in the State.

(2) An amount paid to a State under subsection (1) for a program year must not be greater than the amount set out, opposite to the name of the State, in column 6 of the Part of Schedule 6 that relates to the program year.

(3) Financial assistance for a program year is granted to a State under subsection (1) in connection with a non‑government school or a non‑government centre on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the approved authority of the school or of the centre an amount equal to each amount paid to the State under subsection (1) in connection with the school or centre;

(b) that, when making the payment, the State will identify the amount paid as a payment made out of money paid to the State by the Commonwealth under subsection (1);

67A Grants in connection with special education at non‑government schools or centres—program years 1994, 1995 and 1996

(1) An aggregation of non‑government schools may nominate a body to be the nominated authority of the aggregation for the purposes of this section.

(a) a nominated authority for non‑government schools in the aggregation in the State; and

(b) the approved authority of one approved school system in the State for systemic schools in the system in the State; and

during that program year, in connection with providing special education at or in connection with the schools or centres (as the case may be) in the State.

(3) The Minister may, in respect of the program year, make a determination authorising the payment to a State, by way of financial assistance to the State, for expenditure of:

(a) a nominated authority for non‑government schools in the aggregation in the State; and

(b) the approved authority of one approved school system in the State for systemic schools in the system in the State; and

during that program year, on integration activities and on minor capital projects, being expenditure in connection with special education provided at or in connection with the schools or centres (as the case may be) in the State.

(4) Subject to subsection (5), a determination may authorise the payment of such amounts as the Minister determines.

(5) An amount paid to a State for the program year must not be greater than the amount set out, opposite the name of the State, in column 6 of the Part of Schedule 6 that relates to that program year.

(6) Financial assistance for the program year is granted to a State on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to:

(i) the nominated authority representing the school; or

(ii) the approved authority of the school system that includes the school; or

(iii) the approved authority of the school or of the centre;

an amount equal to each amount paid to the State under subsection (2) or (3) in connection with the authority;

(b) that, when making the payment, the State will identify the amount paid as a payment made out of money paid to the State by the Commonwealth under subsection (2) or (3) (as the case may be);

68 Grants for recurrent expenditure on intervention support—program year 1993

(1) The Minister may make a determination authorising the payment to a State for the program year 1993 of an amount by way of financial assistance to the State for special education programs and special education activities provided in that year for children with disabilities, children with severe disabilities and children in residential care.

(2) An amount paid to a State under subsection (1) for a program year must not be greater than the amount set out, opposite to the name of the State, in column 7 of the Part of Schedule 6 that relates to the program year.

(4) Financial assistance for a program year is granted to a State under this section:

(a) on the conditions set out in the relevant agreement; and

(b) on the additional conditions applicable under section 82.

68A Grants for recurrent expenditure on intervention support—program years 1994, 1995 and 1996

(1) An aggregation of non‑government schools may nominate a body to be the nominated authority of the aggregation for the purposes of this section.

(a) a nominated authority for the non‑government schools in the State represented by the authority; and

(b) the approved authority of one approved school system in the State for systemic schools in the system in the State; and

(d) government centres in the State;

during that program year, in connection with special education programs and special education activities provided in that year by the school or centre for young children with disabilities, children with severe disabilities and children in residential care.

(3) Subject to subsection (4), a determination may authorise the payment of such amounts as the Minister determines.

(4) An amount paid to a State for the program year for a program or activities must not be greater than the amount set out, opposite the name of the State, in column 7 of the Part of Schedule 6 that relates to that program year.

(5) Financial assistance is granted to a State for the program year for expenditure of the kind referred to in paragraph (2)(a), (b) or (c) on the following conditions:

(a) that, subject to paragraph (b), the State will pay, as soon as practicable, to the nominated authority, the approved authority of the approved school system or the approved authority of the non‑government centre or non‑government school an amount equal to each amount paid to the State under subsection (2) in relation to the program or activities;

(b) that, when making a payment, the State will describe the amount paid to the authority as a payment made in relation to the program or activities out of money paid to the State under this section;

(6) The Minister must not authorise a payment to a State under this section in respect of expenditure of the kind referred to in paragraph (2)(d) for a program year unless the State has made an agreement with the Commonwealth for that year, or for a number of years including that year, that sets out conditions on which financial assistance is granted to the State under subsection (1) in respect of that expenditure of that kind.

(7) Financial assistance is granted to a State for a program year in respect of expenditure of a kind referred to in paragraph (2)(d):

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

69 Grants for capital projects for children or students with disabilities—program year 1993

(1) The Minister may make a determination in program year 1993:

(a) approving a capital project in connection with a non‑government school or a non‑government centre in a State for the benefit of children with disabilities or students with disabilities; and

(b) approving the amount to be paid under this section for the project, or the amount to be paid under this section for the project for a particular program year or particular program years; and

(2) The Minister may make a determination authorising the payment to a State of amounts by way of financial assistance to the State for expenditure for a particular program year or program years on projects approved under subsection (1) for the year or years concerned.

(3) The sum of the amounts paid to the States under subsection (2) for a program year must not be greater than the amount set out in column 8 of Part 1 of Schedule 6.

(4) Financial assistance is granted to a State under this section for expenditure on projects approved under subsection (1) for a program year in connection with non‑government schools or non‑government centres in the State on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the relevant approved authority an amount equal to each amount paid to the State under this section;

(b) that, when making the payment, the State will describe the amount paid to the authority as a payment made out of money paid to the State by the Commonwealth under this section;

69A Capital grants in connection with special education at non‑government schools or centres—program years 1994, 1995 and 1996

(1) An aggregation of non‑government schools may nominate a body to be the nominated authority of the aggregation for the purposes of this section.

(2) The Minister may make a determination for a program year (other than program year 1993), approving:

(a) in respect of a nominated authority—a capital project for a non‑government school represented by the authority in a State; and

(b) in respect of the approved authority of one approved school system in a State—a capital project for a systemic school in the system in the State; and

being expenditure in connection with special education provided at or in connection with the school or centre.

(3) In the determination, the Minister must also:

(a) approve the amount to be paid for the project or for the project for a particular program year or years; and

(b) name the school or non‑government centre to which the approval relates.

(4) Subject to subsection (6), a determination may authorise the payment of such amounts as the Minister determines.

(5) The Minister may make a determination authorising the payment to a State of amounts by way of financial assistance to the State for expenditure for a particular program year or years on projects approved under subsection (2) for the year or years concerned.

(6) The sum of the amounts paid to the States for the program year must not be greater than the amount set out in column 8 of the Part of Schedule 6 that relates to that year.

(7) Financial assistance for a program year is granted to a State in connection with a school or centre on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to:

(i) the nominated authority representing the school; or

(ii) the approved authority of the system that includes the school; or

(iii) the approved authority of the centre or school;

an amount equal to each amount paid to the State under subsection (4) in connection with the school or centre; and

(b) that, when making the payment, the State will identify the amount paid as a payment made out of money paid to the State by the Commonwealth under this section; and

69B Grants for capital projects for children or students with disabilities—program years 1994, 1995 and 1996

(1) The Minister may make a determination approving for a program year (other than program year 1993) in respect of a State, a capital project in connection with a non‑government centre or non‑government school in the State for the benefit of children with disabilities or students with disabilities.

(2) In the determination the Minister must also:

(a) approve the amount to be paid for the project or for the project for a particular program year or years; and

(b) name the non‑government centre or non‑government school to which the approval relates.

(3) Subject to subsection (5), a determination may authorise the payment of such amounts as the Minister determines.

(4) The Minister may make a determination authorising the payment to a State of amounts by way of financial assistance to the State for expenditure for a particular program year or years on projects approved under subsection (1) for the year or years concerned.

(5) The sum of the amounts paid to the States for the program year must not be greater than the amount set out in column 9 of the Part of Schedule 6 that relates to that year.

(6) Financial assistance for a program year is granted to a State in connection with a centre on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the approved authority of the centre an amount equal to each amount paid to the State under subsection (4) in connection with the centre; and

(b) that, when making the payment, the State will identify the amount paid as a payment made out of money paid to the State by the Commonwealth under this section; and

69C Broadbanding of certain financial assistance paid under sections 67A, 68A or 69A

(1) Subject to subsection (2), if, in respect of a relevant program year, the Minister has made a determination under section 67A, 68A or 69A authorising the payment to a State of an amount by way of financial assistance for the expenditure under that section of:

(a) a nominated authority; or

(b) an approved authority of an approved school system;

the authority, in that program year, may apply some or all of the financial assistance paid to it under another broadbanded section in respect of the same program year to the authority’s expenditure on matters of the kind set out in the first‑mentioned section.

(2) If:

(a) the Minister has made a determination under section 69A authorising the payment to a State of an amount, by way of financial assistance, for a capital project approved in respect of a nominated authority or the approved authority of an approved school system; and

(b) the Minister has made a determination in respect of the project under subsection 69A(5) authorising the payment to a State of amounts for particular relevant program years on the project; and

the financial assistance payable under the Minister’s determination under subsection 69A(5) in respect of that project must be so paid.

(3) Financial assistance applied by an authority as set out in this section is money that is taken to have been paid to the State under the section in respect of which the money was eventually applied.

(4) This section operates despite:

(a) any other provision in this Act; or

(b) any condition in an agreement dealing with a grant of financial assistance made to a State under one of the broadbanded sections.

(5) In this section:

broadbanded sections means section 67A, 68A or 69A.

relevant program year means a program year other than program year 1993.

Division 2—Grants to promote equity in school education

70 Grants for expenditure in connection with government disadvantaged schools

(1) Subject to subsection (2), the Minister may make a determination authorising the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure or for expenditure on minor capital projects for the program year 1993 in connection with government disadvantaged schools in the State, of an amount not greater than the amount set out opposite to the name of the State in column 2 of the Part of Schedule 7 that relates to that year.

Note: For disadvantaged school see sections 3 and 5.

(1A) Subject to subsection (2), the Minister may make a determination authorising the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure or for expenditure on minor capital projects for a program year (other than program year 1993) in connection with government disadvantaged schools in the State, of an amount not greater than the amount set out opposite the name of the State in column 2 of the Part of Schedule 7 that relates to that program year.

(2) The Minister must not authorise a payment to a State under this section for a program year unless the State has made an agreement with the Commonwealth for that year, being an agreement of a kind determined by the Minister that sets out conditions on which financial assistance is granted to the State under this section.

(3) Financial assistance is granted to a State under this section:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

(4) If, in respect of a program year (other than program year 1993), the Minister makes a determination under section 72A authorising the payment to a State by way of financial assistance for recurrent expenditure or expenditure on minor capital projects in connection with the education of students in prescribed country areas or geographically isolated areas (as the case may be) in the State, the State Minister may, in that program year, apply some or all of the financial assistance paid to the State under subsection (1A) in respect of the same program year, to recurrent expenditure or expenditure on minor capital projects in connection with schools in those areas for that year.

(5) Financial assistance applied by a State Minister as set out in subsection (4) is money that is taken to have been paid to the State (in respect of which he or she is the State Minister) under section 72A.

(6) Subsection (4) operates despite:

(a) any other provision in this Act; and

(b) any condition in an agreement referred to in subsection (2) dealing with a grant of financial assistance.

71 Grants for expenditure in program year 1993 in connection with non‑government disadvantaged schools

(1) The Minister may make a determination authorising the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure or for expenditure on minor capital projects of:

(a) approved school systems in the State in connection with systemic disadvantaged schools; or

(b) non‑systemic disadvantaged schools in the State;

for the program year 1993 of an amount not greater than the amount set out opposite to the name of the State in column 3 of the Part of Schedule 7 that relates to that year.

(2) Financial assistance is granted to a State under this section for a program year for a systemic or a non‑systemic disadvantaged school in the State on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the relevant approved authority an amount equal to each amount paid to the State under this section for the school for that year;

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this section;

71A Grants for expenditure in connection with non‑government disadvantaged schools in program years 1994, 1995 and 1996

(1) An aggregation of non‑government schools may nominate a body to be the nominated authority of the aggregation for the purposes of this section.

(2) The Minister may make a determination authorising the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure or for expenditure on minor capital projects of:

(a) a nominated authority in connection with non‑government disadvantaged schools in the aggregation in the State; or

(b) the approved authority of one approved school system in the State in connection with systemic disadvantaged schools in the State; or

for a program year (other than program year 1993) of such amounts as the Minister determines.

(3) The total amounts paid to the States under subsection (2) for the program year must not be greater than the amount set out opposite the name of the State in column 3 of the Part of Schedule 7 that relates to that year.

(4) Financial assistance is granted to a State for the program year for a systemic or a non‑government disadvantaged school in the State on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the relevant nominated authority or relevant approved authority an amount equal to each amount paid to the State under this section for the school for that year;

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this section;

(5) If, in respect of the program year, the Minister makes a determination under subsection 72B(2) authorising the payment to a State by way of financial assistance to the State for recurrent expenditure or for expenditure on minor capital projects of the nominated authority or the approved authority, the nominated authority or the approved authority may, in that program year, apply some or all of the financial assistance paid to it under this section in respect of the same program year to recurrent expenditure or expenditure on minor capital projects of the kind set out in subsection 72B(2).

(6) Financial assistance applied by an authority as set out in subsection (5) is money that is taken to have been granted to the State under section 72B.

(7) Subsection (5) operates despite:

(a) any other provision in this Act; and

(b) any condition in an agreement made between the Commonwealth and the authority in respect of the financial assistance paid to it under this section or section 72B.

72 Grants for primary or secondary education in prescribed country areas—program year 1993

(1) Subject to subsection (2), the Minister may make a determination authorising the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure or expenditure on minor capital projects for the program year 1993 in connection with the education of students receiving primary or secondary education in prescribed country areas in the State.

(2) The total of the amounts paid to a State for the program year 1993 must not be greater than the amount set out opposite to the name of the State in column 4 of the Part of Schedule 7 that relates to that year.

(4) Financial assistance is granted to a State under this section:

(a) on the conditions set out in the agreement; and

(b) on the conditions applicable under section 82.

72A Grants for primary and secondary education provided in government schools in prescribed country areas or geographically isolated areas—program years 1994, 1995 and 1996

(1) Subject to subsection (2), the Minister may make a determination authorising the payment to a State, by way of financial assistance to the State for recurrent expenditure or expenditure on minor capital projects for a program year (other than program year 1993) in connection with the education of students receiving primary or secondary education in government schools:

(a) if a ministerial determination in respect of that State under section 13 is in force—in prescribed country areas in the State; or

(b) if such a determination is not in force—in geographically isolated areas in the State.

Note 1: For prescribed country areas see section 13.

Note 2: For geographically isolated areas see section 13A.

(2) The total of the amounts paid to a State for the program year 1994, 1995 or 1996 must not be greater than the amount set out opposite to the name of that State in column 4 of the Part of Schedule 7 that relates to that year.

(3) The Minister must not authorise a payment to a State for the program year unless the State has made an agreement with the Commonwealth for that year, that is an agreement of a kind determined by the Minister setting out conditions on which financial assistance is granted to the State under this section.

(4) Financial assistance is granted to a State under this section:

(a) on the conditions set out in the agreement; and

(b) on the conditions applicable under section 82.

(5) If, in respect of the program year, the Minister makes a determination under subsection 70(1A) authorising the payment to a State by way of financial assistance to the State for recurrent expenditure or expenditure on minor capital projects in connection with government disadvantaged schools in the State, the State may, in that program year, apply some or all of the financial assistance paid to it under this section in respect of the same program year to recurrent expenditure or expenditure on minor capital projects of that kind.

(6) Financial assistance applied by a State Minister as set out in subsection (5) is money that is taken to have been paid to the State (in respect of which he or she is the State Minister) under subsection 70(1A).

(7) Subsection (5) operates despite:

(a) any other provision in this Act; and

(b) any condition in an agreement made between the Commonwealth and the authority in respect of the financial assistance paid to it under this section or section 70.

72B Grants for primary or secondary education provided in non‑government schools in prescribed country areas or geographically isolated areas in program years 1994, 1995 and 1996

(1) An aggregation of non‑government schools may nominate a body to be the nominated authority of the aggregation for the purposes of this section.

(2) The Minister may make a determination authorising the payment to a State, by way of financial assistance to the State for recurrent expenditure or for expenditure on minor capital projects for a program year (other than program year 1993) of:

(a) a nominated authority in connection with non‑government schools in the aggregation:

(i) if a ministerial determination in respect of that State under section 13 is in force—in prescribed country areas in the State; or

(ii) if such a determination is not in force—in geographically isolated areas in the State; or

(b) the approved authority of one approved school system in the State for systemic schools in the system:

(i) if a ministerial determination in respect of that State under section 13 is in force—in prescribed country areas in the State; or

(ii) if such a determination is not in force—in geographically isolated areas in the State; or

(i) if a ministerial determination in respect of that State under section 13 is in force—in prescribed country areas in the State; or

(ii) if such a determination is not in force—in geographically isolated areas in the State.

Note 1: For prescribed country areas see section 13.

Note 2: For geographically isolated areas see section 13A.

(3) Subject to subsection (4), the determination may authorise the payment of such amounts as the Minister determines.

(4) The total amount paid to the States under subsection (2) for the program year must not be greater than the amount set out opposite the name of the State in column 5 of the Part of Schedule 7 that relates to that year.

(5) Financial assistance is granted to a State for a program year for a systemic or a non‑government school in the State on the following conditions:

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this section;

(6) If, in respect of the program year, the Minister makes a determination under subsection 71A(2) authorising the payment to a State by way of financial assistance to the State for recurrent expenditure or expenditure on minor capital projects of the nominated authority or the approved authority, the nominated authority or the approved authority may, in that program year, apply some or all of the financial assistance paid to it under this section in respect of the same program year to recurrent expenditure or expenditure on minor capital projects in connection with disadvantaged schools in its aggregation or system (as the case may be) as set out under section 71A.

(7) Financial assistance applied by an authority as set out in subsection (6) is money that is taken to have been paid to the State under section 71A.

(8) Subsection (6) operates despite:

(a) any other provision in this Act; and

(b) any condition in an agreement made between the Commonwealth and the authority in respect of the financial assistance paid to it under this section or section 71A.

73 Grants for recurrent expenditure on literacy and learning

(1) The Minister may make a determination authorising the payment to a State for the program year 1993 of an amount by way of financial assistance for recurrent expenditure for that year for professional development programs related to enhancing literacy and learning at secondary level.

(2) The amount paid to a State for the program year must not be greater than the amount set out opposite to the name of the State in column 5 of the Part of Schedule 7 that relates to the program year.

(3) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year under this section.

(4) The conditions are to be included in an agreement made by the State with the Commonwealth.

(5) The Minister may only authorise a payment to the State for the program year if the State has made the agreement.

(6) Financial assistance is granted to a State for the program year under subsection (1):

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

Division 3—Grants to meet national priorities

74 Grants for national projects assisting secondary education in country areas

(1) The Minister may approve a project for the purposes of this section if:

(a) the project is to be carried out in Australia and has the sole or principal object of increasing the number of students in country areas who complete 12 years of schooling; and

(b) the Minister is satisfied that:

(i) the project is of national importance; and

(ii) it is desirable to provide assistance under this section in connection with the project.

(2) The Minister may make a determination authorising the payment to a State for program year 1993 or program year 1994 of an amount by way of financial assistance to the State for expenditure on the approved project.

(3) The total of the amounts paid to the States for the program year under subsection (2) must not be greater than the amount set out opposite to that year in column 2 of Schedule 8.

(4) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year under this section for a project conducted by the State.

(5) The conditions are to be included in an agreement made by the State with the Commonwealth.

(6) The Minister may not authorise a payment to the State for the program year for a project conducted by the State unless the State has made the agreement.

(7) Financial assistance is granted to a State under this section for the program year for an approved project conducted by the State:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

(8) Financial assistance is granted to a State for the program year for an approved project conducted by a body other than the State on the following conditions:

(a) that, subject to paragraph (b), the State will pay, as soon as practicable, to the body an amount equal to each amount paid to the State under subsection (2) in relation to the project;

(b) that, when making a payment, the State will describe the amount paid to the body as a payment made in relation to the project out of money paid to the State under this section;

(9) A reference in this section to country areas is a reference to those areas that the Minister, in a determination made under section 13 in respect of 1993, had determined to be prescribed country areas.

75 Grants for national projects enhancing literacy and learning

(1) The Minister may approve a project for the purposes of this section if:

(a) the project is to be carried out in Australia; and

(b) the sole or principal object of the project is to enhance literacy and learning in the early primary years.

(2) The Minister may make a determination authorising the payment to a State for a program year after program year 1994 of an amount by way of financial assistance to the State for expenditure on the approved project, whether the project is conducted:

(a) by the State or by a non‑government body established in the State; and

(b) whether the project is conducted within, or outside, or within and outside, the State.

(3) The total of the amounts paid to the States for the program year must not be greater than the amount set out opposite to that year in column 3 of Schedule 8.

(4) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year under this section for a project conducted by the State.

(5) The conditions are to be included in an agreement made by the State with the Commonwealth.

(6) The Minister may not authorise a payment to the State for the program year for a project conducted by the State unless the State has made the agreement.

(7) Financial assistance is granted to a State under this section for the program year for an approved project conducted by the State:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

(8) Financial assistance is granted to a State for the program year for an approved project conducted by a body other than the State on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the body an amount equal to each amount paid to the State under subsection (2) in relation to the project;

(b) that, when making a payment, the State will describe the amount paid to the body as a payment made in relation to the project from money paid to the State under this section;

76 Grants for projects in connection with government secondary schools to assist students at risk

(1) The Minister may make a determination approving for the purposes of this section a project or program for expenditure in a program year if:

(a) the project or program is being, or is to be, carried out at or in connection with government schools in a State (including a project or program that is being, or is to be, carried out in co‑operation with relevant institutions) with the objectives of:

(i) identifying students at risk; and

(ii) encouraging their participation in secondary education; and

(b) the Minister is satisfied that it is desirable that financial assistance in connection with the project or program be provided under this section.

(2) The Minister may make a determination authorising payment to a State, for a program year, by way of financial assistance to the State for expenditure on projects or programs approved under subsection (1) in relation to the State.

(3) The total of the amounts paid to the States under subsection (2) for a program year must not be greater than the amount set out opposite to that year in column 4 of Schedule 8.

(4) The Minister must not authorise payment to a State under subsection (2) for the program year unless the State has made an agreement with the Commonwealth for that year, being an agreement of a kind determined by the Minister that sets out conditions on which financial assistance is granted to the State under subsection (2).

(5) Financial assistance is granted to a State under subsection (2) for the program year for an approved project or approved program carried out in the State:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

77 Grants for projects in connection with non‑government secondary schools to assist students at risk

(1) An aggregation of non‑government schools may nominate a body to be the nominated authority of the aggregation for the purposes of this section.

(2) The Minister may make a determination approving for the purposes of this section a project or program for expenditure in a program year if:

(a) the project or program is being, or is to be, carried out at or in connection with non‑government schools in a State (including a project or program that is being, or is to be, carried out in co‑operation with relevant institutions) with the objectives of:

(i) identifying students at risk; and

(ii) encouraging their participation in secondary education; and

(b) the Minister is satisfied that it is desirable that financial assistance in connection with the project or program be provided under this section.

(3) The Minister may make a determination authorising payment to a State, for a program year, by way of financial assistance to the State for expenditure on projects or programs approved under subsection (2) in relation to the State.

(4) The total of the amounts paid to the States under subsection (3) for a program year must not be greater than the amount set out opposite to that year in column 5 of Schedule 8.

(5) Financial assistance is granted to a State under this section for expenditure on a project or program for an approved school system, a non‑government school, or an aggregation of non‑government schools, for a program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the approved authority of the school system or of the school, or to the nominated authority of the aggregation, as the case may be, an amount equal to each amount paid to the State under this section for the project or program;

(b) that, when making a payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this section;

77A Grants for projects in connection with government primary schools to foster literacy in the early years of schooling

(1) The Minister may make a determination approving for the purposes of this section a project or program for expenditure in program year 1995 or 1996 if:

(a) the project or program is being, or is to be, carried out at or in connection with government schools in a State with the objective of fostering the development of literacy in the early years of schooling; and

(b) the Minister is satisfied that it is desirable that financial assistance in connection with the project or program be provided under this section.

(2) The Minister may make a determination authorising payment to a State, for program year 1995 or 1996, by way of financial assistance to the State for expenditure on projects or programs approved under subsection (1) in relation to the State.

(3) The total of the amounts paid to the States under subsection (2), for program year 1995 or 1996, must not be greater than the amount set out opposite to the year concerned in column 7 of Schedule 8.

(4) The Minister must not authorise payment to a State under subsection (2), for program year 1995 or 1996, unless the State has made an agreement with the Commonwealth for the year concerned, of a kind determined by the Minister, that sets out conditions on which financial assistance is granted to the State under subsection (2).

(5) Financial assistance is granted to a State under subsection (2), for program year 1995 or 1996, for an approved project or approved program carried out in the State:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

77B Grants for projects in connection with non‑government primary schools to foster literacy in the early years of schooling

(1) An aggregation of non‑government schools may nominate a body to be the nominated authority of the aggregation for the purposes of this section.

(2) The Minister may make a determination approving for the purposes of this section a project or program for expenditure in program year 1995 or 1996 if:

(a) the project or program is being, or is to be, carried out at or in connection with non‑government schools in a State with the objective of fostering the development of literacy in the early years of schooling; and

(b) the Minister is satisfied that it is desirable that financial assistance in connection with the project or program be provided under this section.

(3) The Minister may make a determination authorising payment to a State, for program year 1995 or 1996, by way of financial assistance to the State for expenditure on projects or programs approved under subsection (2) in relation to the State.

(4) The total of the amounts paid to the States under subsection (3), for program year 1995 or 1996, must not be greater than the amount set out opposite to the year concerned in column 8 of Schedule 8.

(b) that, when making a payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this section;

77C Grants for national projects to foster literacy in the early years of schooling

(1) The Minister may approve a project for the purposes of this section if:

(a) the project is to be carried out in Australia; and

(b) the sole or principal object of the project is to enhance literacy in the early years of schooling.

(2) The Minister may make a determination authorising the payment to a State for program year 1995 or 1996 of an amount by way of financial assistance to the State for expenditure on the approved project, whether the project is conducted:

(a) by the State or by a non‑government body established in the State; and

(b) whether the project is conducted within, or outside, or within and outside, the State.

(3) The total of the amounts paid to the States for program year 1995 or 1996 under this section must not be an amount that, when aggregated with amounts paid to the States in relation to the year concerned under sections 77A and 77B, exceeds the total of the amounts set out opposite to the year concerned in columns 7 and 8 of Schedule 8.

(4) The Minister is to determine the conditions on which financial assistance is granted to a State, for program year 1995 or 1996, under this section for a project conducted by the State.

(5) The conditions are to be included in an agreement made by the State with the Commonwealth.

(6) The Minister may not authorise a payment to the State, for program year 1995 or 1996, for a project conducted by the State unless the State has made the agreement.

(7) Financial assistance is granted to a State under this section, for program year 1995 or 1996, for an approved project conducted by the State:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

(8) Financial assistance is granted to a State, for program year 1995 or 1996, for an approved project conducted by a body other than the State on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the body an amount equal to each amount paid to the State under subsection (2) in relation to the project;

(b) that, when making a payment, the State will describe the amount paid to the body as a payment made in relation to the project from money paid to the State under this section;

78 Grants for national projects to assist gifted and talented students

(1) The Minister may approve a project for the purposes of this section if:

(a) the project is to be carried out in Australia and has the sole or principal object of enriching the learning experiences of gifted and talented students, particularly those who are disadvantaged by socio‑economic background, isolation, poor proficiency in the English language, or disability; and

(b) the Minister is satisfied that:

(i) the project is of national importance; and

(ii) it is desirable to provide assistance under this section in connection with the project.

(2) The Minister may make a determination authorising the payment to a State for a program year of an amount by way of financial assistance to the State for expenditure on the approved project.

(3) The total of the amounts paid to the States for the program year must not be greater than the amount set out opposite to that year in column 6 of Schedule 8.

(4) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year under this section for a project conducted by the State.

(5) The conditions are to be included in an agreement made by the State with the Commonwealth.

(6) The Minister may not authorise a payment to the State for the program year for a project conducted by the State unless the State has made the agreement.

(7) Financial assistance is granted to a State under this section for the program year in relation to an approved project conducted by the State:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

(8) Financial assistance is granted to a State for the program year in relation to an approved project conducted by a body other than a State on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the body an amount equal to each amount paid to the State under subsection (2) for the project;

(b) that, when making a payment, the State will describe the amount paid to the body as a payment made for the project out of money paid to the State under this section;

78A Grants for national projects to assist students with disabilities in secondary schooling to make the transition from secondary education to further education, employment or adult life

(1) The Minister may make a determination approving a project for recurrent expenditure in a program year (other than program year 1993) if:

(a) the project is being, or is to be, carried out at or in connection with government or non‑government schools in a State (including a project that is being, or is to be, carried out in co‑operation with relevant institutions, bodies or people) with the objectives of assisting students with disabilities in secondary schooling to make the transition from secondary education to further education, employment or the responsibilities of adult life; and

(b) the Minister is satisfied that:

(i) the project is of national importance; and

(ii) it is desirable to provide assistance under this section in connection with the project.

(2) The Minister may make a determination authorising the payment to a State for the program year of an amount by way of financial assistance to the State for recurrent expenditure on the approved project.

(3) The total of the amounts paid to the States for the program year must not be greater than the amount set out opposite that year in column 10 of the Part of Schedule 6 that relates to that year.

(4) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year for a project conducted by the State.

(5) The conditions are to be included in an agreement made by the State with the Commonwealth.

(6) The Minister may not authorise a payment to the State for the program year for a project conducted by the State unless the State has made the agreement.

(7) Financial assistance is granted to a State under this section for the program year in relation to an approved project conducted by the State:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

(8) In this section:

student with a disability in secondary schooling means a student who:

(a) has been assessed by a person with relevant qualifications as having:

(i) intellectual impairment; or

(ii) sensory impairment; or

(iii) physical impairment; or

(iv) social and emotional impairment; or

(v) multiple impairments;

(b) is undertaking a secondary course of education in a government or non‑government school.

78B Grants for projects in connection with non‑government special schools to assist students with disabilities to make the transition from special education to mainstream school education, further education, employment or the responsibilities of adult life

(1) The Minister may make a determination approving a project for expenditure in a program year if:

(a) the project is being, or is to be, carried out at or in connection with a non‑government special school in a State with the objective of assisting students with disabilities to make the transition from special education to mainstream school education, further education, employment or the responsibilities of adult life; and

(b) the Minister is satisfied that:

(i) the project is of national importance; and

(ii) it is desirable to provide financial assistance under this section in connection with the project.

(2) The Minister may make a determination authorising the payment to a State for a program year of an amount by way of financial assistance to the State for expenditure on the approved project.

(3) The total of the amounts paid to the States for a program year must not be greater than the amount set out opposite to that year in column 11 of the Part of Schedule 6 that relates to that year.

(4) Financial assistance is granted to a State under this section for expenditure on an approved project for a program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the approved authority of the non‑government special school an amount equal to each amount paid to the State under this section for the project;

(b) that, when making a payment, the State will describe the amount paid as a payment out of money paid to the State by the Commonwealth under this section;

Division 4—Incentive grants

79 Grants for initiatives to improve the learning experiences of girls

(1) In this section:

course in highest level mathematics means a course determined by the Minister for the purposes of this section to be a course in highest level mathematics.

eligible school means a school:

(a) that was a disadvantaged school in program year 1993 because the Minister had made a determination in respect of the school under section 5 or 6; or

(b) that is located in an area that the Minister, in a determination made under section 13 in respect of 1993, had determined to be a prescribed country area.

eligible year 11 or 12 mathematics or physics student means a girl who:

(a) in respect of program year 1993:

(i) was enrolled in the program year 1992 in an eligible school; and

(ii) in the program year 1992:

(A) completed an accredited year 11 level course in highest level mathematics or an accredited year 11 level course in physics; or

(B) recorded an achievement in an accredited year 12 level course in highest level mathematics or an accredited year 12 level course in physics; and

(b) in respect of program year 1994:

(i) was enrolled in the program year 1993 in an eligible school; and

(ii) in the program year 1993:

(A) completed an accredited year 11 level course in highest level mathematics or an accredited year 11 level course in physics; or

(B) recorded an achievement in an accredited year 12 level course in highest level mathematics or an accredited year 12 level course in physics; and

(i) was enrolled in the program year 1994 in an eligible school; and

(ii) in the program year 1994:

(A) completed an accredited year 11 level course in highest level mathematics or an accredited year 11 level course in physics; or

(B) recorded an achievement in an accredited year 12 level course in highest level mathematics or an accredited year 12 level course in physics.

(2) The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for expenditure for a program year on initiatives to improve the learning experiences of girls provided at or in connection with government schools in the State that are eligible schools.

(3) The amount paid to the State under subsection (2) for a program year must not be greater than the amount worked out using the formula:

where:

Column 2 amount means the amount set out opposite to the program year in column 2 of Schedule 9.

Eligible students means the number of eligible year 11 or year 12 mathematics or physics students in that program year at government schools in the State that are eligible schools.

(4) The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for expenditure of an approved school system in the State for a program year on initiatives to improve the learning experiences of girls provided at or in connection with eligible schools in the school system.

(5) The amount paid to a State under subsection (4) for a program year must not be greater than the amount worked out using the formula:

where:

Column 2 amount means the amount set out opposite to the program year in column 2 of Schedule 9.

Eligible students means the number of eligible year 11 or year 12 mathematics or physics students in that program year at eligible schools in the school system.

(6) The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for expenditure for a program year of non‑systemic schools in the State that are eligible schools.

(7) The amount paid to a State under subsection (6) for a program year must not be greater than the amount worked out using the formula:

where:

Column 2 amount means the amount set out opposite to the program year in column 2 of Schedule 9.

Eligible students means the number of eligible year 11 or year 12 mathematics or physics students in that program year at non‑systemic schools in the State that are eligible schools.

(8) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year under this section for a government school.

(9) The conditions are to be included in an agreement entered into by the State with the Commonwealth.

(10) The Minister may not authorise a payment to the State for the program year for a government school unless the State has entered into the agreement.

(11) Financial assistance is granted to a State under this section for a government school in the State for the program year:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

(12) Financial assistance is granted to a State under this section for an approved school system or a non‑systemic school in the State for a program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the approved authority of the school system or of the non‑systemic school an amount equal to each amount paid to the State under this section for the school system or the school for that year;

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this section;

80 Grants for students with disabilities attending government schools

(a)

(b)

(2) In the formulas in subsection (1):

Primary level amount means the amount set out opposite to the program year in column 3 of Schedule 9.

Number of primary students with disabilities means the number of students with disabilities (including the full‑time equivalent of part‑time students with disabilities) receiving primary education at government schools in the State on the schools census day for the State for the program year or on such other day as the Minister, in special circumstances, determines.

Secondary level amount means the amount set out opposite to the program year in column 4 of Schedule 9.

Number of secondary students with disabilities means the number of students with disabilities (including the full‑time equivalent of part‑time students) receiving secondary education at government schools in the State on the schools census day for the State for the program year or on such other day as the Minister, in special circumstances, determines.

(4) Financial assistance is granted to a State under this section:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 82.

81 Grants for students with disabilities attending non‑government schools

(1) If:

(a) an amount is payable to a State for a program year under section 55 in relation to the number of students receiving education at systemic schools in an approved school system or at a non‑systemic school; and

(b) any of the students are students with disabilities; and

the Minister may make a determination authorising the payment to the State for that year, for the approved authority of the system or the approved authority of the non‑systemic school, of an additional amount equal to the sum of the amounts worked out using the following formulas:

(d)

(e)

(2) For the purposes of the formula in paragraph (1)(d):

Number of primary students with disabilities means the number of primary students (including the full‑time equivalent of part‑time students) who are students with disabilities.

primary student means a student receiving primary education at systemic schools in that system or at that school, as the case may be, on the schools census day for the State for the program year or on such other day as the Minister, in special circumstances, determines.

Funding level 12 primary amount means the amount payable to the State for the program year under section 55 for a primary student receiving education at a systemic school in an approved school system, or at a non‑systemic school, for which the funding level of the system or of the non‑ systemic school is level 12.

Actual primary amount means the amount payable to the State for the program year under section 55, for a primary student, for the approved school system or the non‑systemic school referred to in paragraph (1)(a) of this section.

(3) For the purposes of the formula in paragraph (1)(e):

Number of secondary students with disabilities means the number of secondary students (including the full‑time equivalent of part‑time students) who are students with disabilities.

secondary student means a student receiving secondary education at systemic schools in that system or at that school, as the case may be, on the schools census day for the State for the program year or on such other day as the Minister, in special circumstances, determines.

Funding level 12 secondary amount means the amount payable to the State for the program year under section 55 for a secondary student receiving education at a systemic school in an approved school system, or at a non‑systemic school, for which the funding level of the system or of the non‑ systemic school is level 12.

Actual secondary amount means the amount payable to the State for the program year under section 55, for a secondary student, for the approved school system or the non‑systemic school referred to in paragraph (1)(a) of this section.

(4) Financial assistance is granted to a State under subsection (1) for expenditure of an approved school system or a non‑systemic school for a program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the approved authority of the school system or the approved authority of the school, as the case may be, an amount equal to each amount paid to the State under subsection (1) for the school system or the school for that year;

(b) that, when making a payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this section;

Division 5—Additional conditions of grants under this Part

82 Additional conditions—if agreement between Commonwealth and a State

(1) In addition to any conditions specified in an agreement under this Part made between the Commonwealth and a State, financial assistance is granted to a State under a provision of this Part to which the agreement relates for a program year on the conditions that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) stated for fulfilment of the condition:

(a) the State will, if the Minister so determines, repay to the Commonwealth such amount (not being greater than the sum of the amounts of financial assistance paid to the State under that provision in respect of that year) as the Minister specifies in the determination; and

(b) the Minister may delay the making of any further payment to the State under this Act until the State fulfils that condition.

(2) If:

(a) financial assistance:

(i) was granted to a State under a provision of the former Act that corresponded to a provision of this Part referred to in subsection (1); or

(ii) is granted to a State under a provision of this Part referred to in subsection (1); and

(b) under a condition of that grant the relevant Minister, or the Minister, as the case may be, has determined that the State should repay an amount to the Commonwealth; and

(c) an amount (the repayable amount), being the whole or a part of the amount referred to in paragraph (b), remains unpaid;

the Minister may make a determination reducing an amount that is payable to the State under the relevant provision of this Part in a program year by an amount not greater than the repayable amount.

83 Additional conditions—if agreement between Commonwealth and body other than a State

(1) In addition to any conditions specified in this Part for a grant of financial assistance to a State under a provision of this Part for a program year, financial assistance is granted on the conditions that:

(a) if the State does not fulfil a condition so specified for the grant, the State will, if the Minister so determines, repay to the Commonwealth an amount (not being greater than the sum of the amounts of financial assistance paid to the State under that provision for that year) as the Minister specifies in the determination; and

(b) if the approved authority of an approved school system, of a school or of a non‑government centre, or a body conducting a project, in the State does not fulfil a condition under an agreement between the authority or body and the Commonwealth made in connection with the financial assistance, the Minister may delay the making of any further payment to the State for the authority or body under this Act until the authority or body fulfils that condition.

(1A) In the application of subsection (1) to a non‑government body that is established in a particular State and conducting a project approved under subsection 75(1) or 77C(1), whether that project is conducted within, or outside, or within and outside, that particular State, that non‑government body is to be treated as conducting that project in that State.

(2) Subsection (1) does not authorise the recovery by the Commonwealth of an amount in respect of financial assistance granted to a State under a provision of this Part if the sum of:

(a) that amount; and

(b) any amount previously recovered from that State in respect of that financial assistance;

would be greater than the amount of that financial assistance.

(3) If:

(a) financial assistance:

(i) was granted to a State under a provision of the former Act that corresponded to a provision of this Part referred to in subsection (1); or

(ii) is granted to a State under a provision of this Part referred to in subsection (1); and

(b) under a condition of that grant the relevant Minister, or the Minister, as the case may be, has determined that the State should repay an amount to the Commonwealth; and

(c) an amount (the repayable amount), being the whole or a part of the amount referred to in paragraph (b), remains unpaid;

the Minister may reduce an amount that is payable to the State under the relevant provision of this Part in a program year by an amount not greater than the repayable amount.

Part 7—School language program

Division 1—Preliminary

84 Nominated authority

An aggregation of non‑systemic schools may nominate a body to be the nominated authority of the aggregation for the purposes of sections 89, 93 and 93G.

85 Priority languages before Division 2A comes into force

(1) The Minister may make a list of languages that may be priority languages for the purposes of this Part.

(2) The Minister may, at any time before the start of program year 1995 vary the list.

(3) As soon as practicable after the list is made or varied, the Minister must send a copy of the list or variation to the State Ministers.

(4) A State Minister may, at any time before the start of program year 1995 determine a language in the list to be a priority language in that State for the purposes of this Part.

85A Priority languages for grants under Division 2A

For the purpose of the making of grants under Division 2A the following languages are taken to be priority languages:

(a) Aboriginal languages;

(b) Arabic;

(d) German;

(e) Italian;

(f) Modern Greek;

(g) Russian;

(h) Spanish;

(i) Thai;

(j) Vietnamese.

Division 2—Grants for priority languages in program year 1993 or 1994

86 Eligible year 12 language student

(1) For the purposes of this Division, a person is an eligible year 12 language student if:

(a) the person was enrolled in a program year at a government school or at a government educational institution in a State; and

(b) the person in that year was enrolled in and recorded an achievement in an accredited year 12 level course, or in an accredited year 12 level equivalent course, in a language; and

(c) the language is a language in respect of which a determination under subsection 85(4) is in force in the State in that program year.

(2) For the purposes of this Division, a person is also an eligible year 12 language student if:

(a) the person was enrolled in a program year at a systemic school or at a non‑systemic school in a State; and

(b) a payment under section 22 of the former Act or under section 55 of this Act was made to the State for that year for year 12 students at the systemic or non‑systemic school; and

(c) the person in that year was enrolled in and recorded an achievement in an accredited year 12 level course, or in an accredited year 12 level equivalent course, in a language; and

(d) the language is a language in respect of which a determination under subsection 85(4) is in force in the State in that program year.

87 Grants—Government schools and educational institutions

(1) The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for expenditure for a program year before program year 1995 on language education provided at or in connection with government schools or government educational institutions in the State.

(2) The amount paid to a State under subsection (1) for the program year must not be greater than the lesser of the amounts worked out using the following formulas:

(a)

(b)

where:

Column 2 amount means the amount in column 2 of the Part of Schedule 10 that relates to the program year.

Eligible students means the number of eligible year 12 language students at government schools and government educational institutions in the State.

Year 12 students means the number of year 12 students enrolled at government schools and government educational institutions in the State on the schools census day for the State for that year or such other day as the Minister determines.

88 Grants—approved school systems

(1) The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for expenditure of an approved school system in the State for a program year before program year 1995 on language education at or in connection with systemic schools in the school system.

(2) The amount paid to a State under subsection (1) for the program year must not be greater than the lesser of the amounts worked out using the following formulas:

(a)

(b)

where:

Column 2 amount means the amount in column 2 of the Part of Schedule 10 that relates to the program year.

Eligible students means the number of eligible year 12 language students at systemic schools in the school system.

Year 12 students means the number of year 12 students enrolled at systemic schools in the school system in the State on the schools census day for the State for that year or such other day as the Minister determines.

89 Grants—non‑systemic schools

(1) The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for expenditure of a non‑systemic school, or an aggregation of non‑systemic schools, in the State for a program year before program year 1995 on language education provided at or in connection with the school or schools in the aggregation.

(2) The amount paid to a State under subsection (1) for the program year must not be greater than the lesser of the amounts worked out using the following formulas:

(a)

(b)

where:

Column 2 amount means the amount in column 2 of the Part of Schedule 10 that relates to the program year.

Eligible students means the number of eligible year 12 language students at:

(a) the non‑systemic school; or

(b) non‑systemic schools in the aggregation.

Year 12 students means the number of year 12 students enrolled at:

(a) the non‑systemic school; or

(b) non‑government schools in the aggregation;

in the State on the schools census day for the State for that year or such other day as the Minister determines.

90 Agreement relating to conditions

(1) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year under this Division for government schools or government educational institutions in the State.

(2) The conditions are to be included in an agreement entered into by the State with the Commonwealth.

(3) The Minister must not authorise a payment to the State for the program year unless the State has entered into the agreement.

91 Conditions—government schools and educational institutions

Financial assistance is granted to a State under this Division for a government school or a government educational institution in the State for the program year:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 98.

92 Conditions—approved school systems

Financial assistance is granted to a State under this Division for an approved school system in the State for the program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the approved authority of the school system an amount equal to each amount paid to the State under this Division for the school system for that year;

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this Division;

93 Conditions—non‑systemic schools and aggregations of non‑government schools

Financial assistance is granted to a State under this Division for a non‑systemic school, or an aggregation of non‑government schools, in the State for the program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay:

(i) to the approved authority of the school an amount equal to each amount paid to the State under this Division for the school for that year; or

(ii) to the nominated authority of the aggregation an amount equal to each amount paid to the State under this Division for the aggregation for that year;

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this Division;

Division 2A—Grants for priority languages in a program year after program year 1994

93A Grants in respect of government schools and educational institutions

The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for expenditure for a program year after program year 1994 on education in priority languages provided at or in connection with government schools or government educational institutions in the State.

93B Grants in respect of non‑government schools

(1) The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for expenditure of an approved school system in the State for a program year after program year 1994 on education in priority languages provided at or in connection with systemic schools in the school system:

(2) The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for expenditure in the State for a program year after program year 1994 on education in priority languages provided at or in connection with a non‑systemic school or a school or schools within an aggregation of non‑systemic schools.

93C Ceiling for grants under sections 93A and 93B

(1) The total of the amounts paid to the States under section 93A and subsections 93B(1) and (2) for a program year must not be greater than the amount set out in column 2 of the Part of Schedule 10 that relates to that program year.

(2) If an amount is set out opposite to the name of a State in column 2 of the Part of Schedule 10 that relates to a program year, the total of the amounts paid to the State under section 93A and subsections 93B(1) and (2) for that program year must not be greater than the amount so set out.

93D Agreements relating to conditions

(1) The Minister is to determine the conditions on which financial assistance is granted to a State for a program year under this Division for government schools or government educational institutions in the State.

(2) The conditions are to be included in an agreement entered into by the State with the Commonwealth.

(3) The Minister must not authorise a payment to a State for a program year unless the State has entered into the agreement.

93E Conditions—government schools and educational institutions

Financial assistance is granted to a State under this Division for a government school or a government educational institution in the State for a program year:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 98.

93F Conditions—approved school systems

Financial assistance is granted to a State under this Division for an approved school system in the State for a program year on the following conditions:

(b) that, when making the payment the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this Division;

93G Conditions—non‑systemic schools

Financial assistance is granted to a State under this Division for a non‑systemic school or an aggregation of non‑systemic schools, in the State for a program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay:

(i) to the approved authority of the school an amount equal to each amount paid to the State under this Division for the school for that year; or

(ii) to the nominated authority of the aggregation an amount equal to each amount paid to the State under this Division for the aggregation for that year;

(b) that, when making the payment, the State will describe the amount paid as an amount paid out of money paid to the State by the Commonwealth under this Division;

Division 3—Grants for community languages

94 Grants

(1) The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for recurrent expenditure for a program year on community languages:

(a) provided at or in connection with government schools in the State; or

(b) provided by any other body in the State.

(2) The amount paid to a State under subsection (1) must not be greater than the amount set out opposite to the name of the State in column 3 of the Part of Schedule 10 that relates to the program year.

(3) The Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for recurrent expenditure of an approved school system in the State for a program year on community languages provided at or in connection with systemic schools in the school system or a non‑systemic school.

(4) The amount paid to a State under subsection (3) must not be greater than the amount set out opposite to the name of the State in column 4 of the Part of Schedule 10 that relates to the program year.

95 Agreement relating to conditions

(1) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year under this Division for a government school or for a body other than an approved school system.

(2) The conditions are to be included in an agreement made by the State with the Commonwealth.

(3) The Minister must not authorise a payment to the State for the program year unless the State has made the agreement.

96 Conditions—government schools and bodies other than approved school systems

Financial assistance is granted to a State under this Division in respect of a government school or for a body other than an approved school system in the State for the program year:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 98.

97 Conditions—approved school systems

Financial assistance is granted to a State under this Division for an approved school system in the State for the program year on the following conditions:

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this Division;

Division 4—Additional conditions of grants under this Part

98 Additional conditions—if agreement between Commonwealth and a State

(1) This section sets out the additional conditions referred to in paragraphs 91(b), 93E(b) and 96(b).

(2) In addition to any conditions specified in an agreement under this Part made between the Commonwealth and a State, financial assistance is granted to a State under a provision of this Part to which the agreement relates for a program year on the condition that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) stated for fulfilment of the condition:

(a) the State will, if the Minister so determines, repay to the Commonwealth such amount (not being greater than the sum of the amounts of financial assistance paid to the State under that provision in respect of that year) as the Minister specifies in the determination; and

(b) the Minister may delay the making of any further payment to the State under this Act until the State fulfils that condition.

(3) If:

(a) financial assistance:

(i) was granted to a State under a provision of the former Act that corresponded to a provision of this Part to which an agreement referred to in subsection (2) relates; or

(ii) is granted to a State under a provision of this Part to which an agreement referred to in subsection (2) relates; and

(b) under a condition of that grant the relevant Minister, or the Minister, as the case may be, has determined that the State should repay an amount to the Commonwealth; and

(c) an amount (the repayable amount), being the whole or a part of the amount referred to in paragraph (b), remains unpaid;

the Minister may make a determination reducing an amount that is payable to the State under the relevant provision of this Part in a program year by an amount not greater than the repayable amount.

99 Additional conditions—if agreement between Commonwealth and body other than a State

(1) This section sets out the additional conditions referred to in paragraphs 92(c), 93(c), 93F(c), 93G(c) and 97(c).

(2) In addition to any conditions specified in this Part for a grant of financial assistance to a State under a provision of this Part for a program year, that financial assistance is granted on the conditions:

(a) if the State does not fulfil a condition so specified for the grant, the State will, if the Minister so determines, repay to the Commonwealth an amount (not being greater than the sum of the amounts of financial assistance paid to the State under that provision for that year) as the Minister specifies in the determination; and

(b) if a body in the State does not fulfil a condition under an agreement between the body and the Commonwealth made in connection with the financial assistance, the Minister may delay the making of any further payment to the State for the body under this Act until the body fulfils that condition.

(3) Subsection (1) does not authorise the recovery by the Commonwealth of any amount in respect of financial assistance granted to a State under a provision of this Part if the sum of:

(a) that amount; and

(b) any amount previously recovered from that State in respect of that financial assistance;

would be greater than the amount of that financial assistance.

(4) If:

(a) financial assistance:

(i) was granted to a State under a provision of the former Act that corresponded to a provision of this Part to which an agreement referred to in subsection (2) relates; or

(ii) is granted to a State under a provision of this Part to which an agreement referred to in subsection (2) relates; and

(b) under a condition of that grant the relevant Minister, or the Minister, as the case may be, has determined that the State should repay an amount to the Commonwealth; and

(c) an amount (the repayable amount), being the whole or a part of the amount referred to in paragraph (b), remains unpaid;

the Minister may reduce an amount that is payable to the State under the relevant provision of this Part in a program year by an amount not greater than the repayable amount.

Part 8—Joint programs to support primary and secondary education

Division 1—Grants for expenditure of approved education centres

100 Grants

(1) Subject to subsection (2), the Minister may make a determination authorising the payment to a State under this section, by way of financial assistance to the State for expenditure for a program year for an approved education centre in the State of such amounts as the Minister determines.

(2) The Minister must not authorise payments to the States under subsection (1) for a program year the total of which is greater than the amount set out in column 2 of Schedule 11 opposite to that year.

101 Conditions of grants

Financial assistance is granted to a State under this Division for a program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the governing body of the approved education centre an amount equal to each amount paid to the State under this Division for that centre;

(b) that, when making the payment, the State will describe the amount paid as a payment made out of money paid to the State by the Commonwealth under this Division;

Division 2—Grants for projects of national significance

102 Grants

(1) If:

(a) a project is carried out in Australia with the sole or principal object of promoting change or innovation in, or in relation to, primary or secondary education in Australia or of improving the experience, knowledge and skills of teachers and other persons in relation to primary or secondary education in Australia; and

(b) the Minister is satisfied that the project is of national significance and that it is desirable that assistance in connection with the project be provided under this section;

the Minister may make a determination approving the project for the purposes of this section.

(2) Subject to subsections (3) and (4), the Minister may make a determination authorising the payment to a State under this section by way of financial assistance to the State for expenditure for a program year for a project approved under subsection (1).

(3) The Minister must not authorise payments to the States under subsection (1) for a program year the total of which is greater than the amount set out in column 3 of Schedule 11 opposite to that year.

(4) The Minister must not authorise a payment to a State under this section for a program year for a project conducted by the State unless the State has made an agreement with the Commonwealth for that year, being an agreement of a kind determined by the Minister that sets out conditions on which financial assistance is granted to the State under this section.

103 Conditions of grants

(1) Financial assistance is granted to a State under this Division for a project conducted by the State for a program year:

(a) on the conditions set out in the agreement referred to in subsection 102(4); and

(b) on the additional conditions applicable under section 104.

(2) Financial assistance is granted to a State under this Division for a project conducted by a body other than the State for a program year on the following conditions:

(a) that, subject to paragraph (b), the State will, as soon as practicable, pay to the body an amount equal to each amount paid to the State under this Division for the project;

(b) that, when making the payment, the State will describe the amount paid as a payment for the project made out of money paid to the State by the Commonwealth under this Division;

Division 3—Additional conditions of grants under this Part

104 Additional conditions—if agreement between Commonwealth and a State

(1) This section sets out the additional conditions referred to in paragraph 103(1)(b).

(2) In addition to any conditions specified in an agreement under this Part made between the Commonwealth and a State, financial assistance is granted to a State under a provision of this Part to which the agreement relates for a program year on the condition that, if the State does not fulfil a condition specified in the agreement for that grant within the time (if any) stated for fulfilment of the condition:

(b) the Minister may delay the making of any further payment to the State under this Act until the State fulfils that condition.

(3) If:

(a) financial assistance:

(i) was granted to a State under a provision of the former Act that corresponded to a provision of this Part to which an agreement referred to in subsection (2) relates; or

(ii) is granted to a State under a provision of this Part to which an agreement referred to in subsection (2) relates; and

(b) under a condition of that grant the relevant Minister, or the Minister, as the case may be, has determined that the State should repay an amount to the Commonwealth; and

(c) an amount (the repayable amount), being the whole or a part of the amount referred to in paragraph (b), remains unpaid;

the Minister may make a determination reducing an amount that is payable to the State under the relevant provision of this Part in a program year by an amount not greater than the repayable amount.

105 Additional conditions—if agreement between Commonwealth and body other than a State

(1) This section sets out the additional conditions referred to in paragraphs 101(c) and 103(2)(c).

(2) In addition to any conditions specified in this Part in relation to a grant of financial assistance to a State under a provision of this Part for a program year, that financial assistance is granted on the conditions that:

(a) if the State does not fulfil a condition so specified for the grant, the State will, if the Minister so determines, repay to the Commonwealth an amount (not being greater than the sum of the amounts of financial assistance paid to the State under that provision for that year) as the Minister specifies in the determination; and

(3) Subsection (2) does not authorise the recovery by the Commonwealth of any amount in respect of financial assistance granted to a State under a provision of this Part if the sum of:

(a) that amount; and

(b) any amount previously recovered from that State in respect of that financial assistance;

would be greater than the amount of that financial assistance.

(4) If:

(a) financial assistance:

(i) was granted to a State under a provision of the former Act that corresponded to a provision of this Part to which an agreement referred to in subsection (2) relates; or

(ii) is granted to a State under a provision of this Part to which an agreement referred to in subsection (2) relates; and

(b) under a condition of that grant the relevant Minister, or the Minister, as the case may be, has determined that the State should repay an amount to the Commonwealth; and

(c) an amount (the repayable amount), being the whole or a part of the amount referred to in paragraph (b), remains unpaid;

the Minister may reduce an amount that is payable to the State under the relevant provision of this Part in a program year by an amount not greater than the repayable amount.

Part 9—Miscellaneous

106 Cost supplementation

(1) The regulations may specify for a particular program year:

(a) a number, determined after considering changes in the Building Price Index published from time to time by the Australian Statistician, to be used for the variation of amounts of capital grants specified in the Schedules in relation to that year; and

(b) a number, determined after considering changes in the amount known as Average Government School Costs published from time to time by the Ministerial Council of Education, Employment, Training and Youth Affairs, to be used for the variation of amounts of recurrent grants specified in the Schedules in relation to that year.

(2) If a number (the specified capital number) is specified in regulations made for the purposes of paragraph (1)(a) in relation to capital grants under this Act for a particular program year, each amount (the specified capital amount) that, immediately before the regulations came into force, was specified in a Schedule in relation to that year, being an amount that is declared by subsection (4) to be an amount relating to capital grants, is taken to be replaced by the amount worked out using the formula:

(3) If a number (the specified recurrent number) is specified in regulations made for the purposes of paragraph (1)(b) in relation to recurrent grants under this Act for a particular program year, each amount (the specified recurrent amount) that, immediately before the regulations came into force, was specified in a Schedule in relation to that year, being an amount that is declared by subsection (4) to be an amount relating to recurrent grants, is taken to be replaced by the amount worked out using the formula:

(4) For the purposes of this section:

(a) amounts specified in Schedules 1 and 3 and amounts specified in columns 8 and 9 of Schedule 6 are declared to be amounts relating to capital grants; and

(b) subject to subsection (5), amounts specified in the remaining columns of Schedule 6 and in the remaining Schedules are declared to be amounts relating to recurrent grants.

(5) This section does not apply to amounts specified in column 2 of Schedule 9 or column 2 of Schedule 10.

(6) Except in a case to which subsection (7) applies, if an amount worked out under subsection (2) or (3) is not a multiple of $1,000, the amount is to be rounded to the nearest $1,000 (rounding $500 upwards).

(7) If:

(a) the specified recurrent amount is an amount specified in Schedule 2 or 4, in column 4 of Schedule 6 or in column 3 or 4 of Schedule 9; and

(b) the amount worked out under subsection (3) by reference to that specified recurrent amount is an amount of dollars and cents;

the amount is to be rounded to the next highest dollar.

107 Variation of Schedule 6

(1) Subject to subsection (4), the Minister may make a determination varying during a program year the amounts set out in columns 2 and 3 of that Part of Schedule 6 that relates to that program year.

(2) Subject to subsection (4), the Minister may make a determination varying during program year 1993 some or all of the amounts set out in columns 5, 6 and 7 of Part 1 of Schedule 6.

(3) Subject to subsection (4), the Minister may make a determination varying during a program year (other than program year 1993) some or all of the amounts set out in columns 5, 6, 7 and 8 of the Part of Schedule 6 that relates to that year.

(4) The Minister must not vary, under subsection (1), (2) or (3), amounts in a Part of Schedule 6 in such a way that, after the variation, the total of those amounts in the columns referred to in the subsection concerned would be greater or less than the total of those amounts before the variation.

(5) As soon as practicable after making a determination, the Minister must:

(a) send a copy of the determination to the relevant State Minister; and

(b) cause a copy of the determination to be laid before each House of the Parliament.

108 Minister may fix amounts, and times of payment, of financial assistance

Financial assistance payable to a State under this Act is to be paid in such amounts, and at such times, as the Minister determines.

109 Reductions for false or misleading statements

(1) If:

(a) a statement made to the Minister or to an officer of the Department for the purposes of this Act, the former Act, any previous Act relating to the grant of financial assistance for schools or other bodies involved in primary or secondary education, or an agreement under such an Act, by the approved authority of a non‑systemic school, or of an approved school system, is false or misleading in a material particular; and

(b) in reliance on the statement, a payment has been made to a State under a provision of this Act for the school or the approved school system, as the case may be, of an amount that, in the opinion of the Minister, exceeds the amount that would have been authorised to be paid if the statement had not been false or misleading in a material particular;

the Minister may make a determination reducing any amount payable to the State under this Act for the school or the approved school system, as the case may be, in a particular program year or during 2 or more program years, by the amount of the excess.

(2) If:

(a) a statement made to the Minister or to an officer of the Department for the purposes of this Act by the nominated authority of an aggregation of non‑government schools is false or misleading in a material particular; and

(b) in reliance on the statement, a payment has been made to a State under a provision of this Act for the aggregation of an amount that, in the Minister’s opinion, exceeds the amount that would have been authorised to be paid if the statement had not been false or misleading in a material particular;

the Minister may make a determination reducing any amount payable to the State under this Act for the schools in the aggregation, in a particular program year or during 2 or more program years, by the amount of the excess.

(3) If:

(a) a statement made to the Minister or an officer of the Department for the purposes of this Act, the former Act, any previous Act relating to the grant of financial assistance for schools or other bodies involved in primary or secondary education, or an agreement under such an Act, by the approved authority of a non‑systemic school, or of an approved school system, is false or misleading in a material particular; and

(b) as a result of the statement, the school or the system obtains, for the purpose of meeting recurrent expenditure, a higher funding level than, in the Minister’s opinion, the school may have obtained if the statement had not been made;

the Minister may make a determination varying the list by specifying a different funding level of the school or system.

(4) A determination under this section may be expressed to have taken effect from a day before the day on which the determination was made.

110 Amounts payable by the States to the Commonwealth

An amount payable by a State to the Commonwealth under this Act is a debt due by the State to the Commonwealth.

111 Advances

The Minister may make advances to a State, by way of financial assistance to the State on account of an amount that is expected to become payable under this Act to the State, and any conditions that would be applicable to the payment are applicable to any such advance.

112 Payments to be made out of Consolidated Revenue Fund or Loan Fund

Payments to a State under this Act may be made out of:

(a) in the case of payments under section 47, 48, 53 or 69 and advances under section 111 on account of payments of that kind—the Consolidated Revenue Fund or Loan Fund; or

(b) in any other case—the Consolidated Revenue Fund.

113 Authority to borrow

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 authorising the issue of Treasury Bills, borrow amounts the total of which is not greater than the sum of the amounts that may become payable to the States under sections 47, 48, 53 and 69 of this Act.

114 Application of money borrowed

Money borrowed under section 113 is to be applied only for the expenses of borrowing and for:

(a) making payments to the States under section 47, 48, 53 or 69; and

(b) making advances under section 111 on account of payments of that kind; and

115 Reimbursement of Consolidated Revenue Fund from Loan Fund

(1) If a payment under section 47, 48, 53 or 69, or an advance under section 111 on account of a payment of that kind, has been made out of the Consolidated Revenue Fund, the Minister for Finance may authorise the payment to the Consolidated Revenue Fund, out of the Loan Fund, of an amount not greater than the amount so paid.

(2) In any statement prepared by the Minister for Finance under section 55 of the Financial Management and Accountability Act 1997, amounts paid to the Consolidated Revenue Fund under subsection (1) of this section are not to be shown as receipts of that Fund but are to be shown as having reduced the total of the amounts paid out of that Fund under this Act.

116 Appropriation

The Consolidated Revenue Fund and Loan Fund are appropriated as necessary for the purposes of this Act.

117 Delegation

The Minister may, by signed writing, delegate to an officer of the Department all or any of the Minister’s powers and functions under this Act.

118 Report by Minister

The Minister must, as soon as practicable after 30 June 1994 and after 30 June in each of the 3 following years, cause a report with respect to:

(a) the financial assistance granted, and payments authorised, by the Minister under this Act for the year that ended on the preceding 31 December; and

(b) the application of that financial assistance and those payments;

to be laid before each House of the Parliament.

119 Regulations

The Governor‑General may make regulations prescribing all matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Part 10—Transitional provisions

120 Application of this Part

(1) This Part has effect despite any other provision of this Act.

(2) If, under this Part, a determination, approval, declaration, list or other instrument made, given or maintained under the former Act is taken to be made, given or kept under this Act, subsection (1) does not prevent the application of this Act other than this Part in relation to that determination, approval, declaration, list or other instrument as it has effect because of this Part.

121 Approved authority

A determination made by the relevant Minister for the purposes of the definition of approved authority in subsection 3(1) of the former Act and in force immediately before the commencing day is taken to be a determination made by the Minister for the purposes of paragraph (a) of the definition of that expression in section 3 of this Act.

122 Approved education centre

A determination made by the relevant Minister for the purposes of the definition of approved education centre in subsection 3(1) of the former Act and in force immediately before the commencing day is taken to be a determination made by the Minister for the purposes of paragraph (f) of the definition of that expression in section 3 of this Act.

123 Block grant authority

A determination made by the relevant Minister under section 19 of the former Act and in force immediately before the commencing day is taken to be a determination made by the Minister under section 51 of this Act.

124 Integration activities

An approval given by the relevant Minister or the appropriate State Minister for the purposes of the definition of integration activities in subsection 3(1) of the former Act and in force immediately before the commencing day is taken to be an approval given by the Minister or the State Minister, as the case may be, for the purposes of the definition of that expression in section 3 of this Act.

125 Minimum number of students

A determination made by the relevant Minister under subsection 3(2) of the former Act and in force immediately before the commencing day is taken to be a determination made by the Minister under section 11 of this Act.

126 Minor capital project

An approval given by the relevant Minister for the purposes of the definition of minor capital project in subsection 3(1) of the former Act and in force immediately before the commencing day is taken to be an approval given by the Minister for the purposes of the definition of that expression in section 3 of this Act.

127 Nominated authority

A nomination of a body made under section 39D of the former Act and in force immediately before the commencing day is taken to be a nomination made under section 84 of this Act.

128 Prescribed country area

A determination made by the relevant Minister under section 34 of the former Act and in force immediately before the commencing day is taken to be a determination made by the Minister under section 13 of this Act.

129 Recognised temporary entry permit

A declaration made by the relevant Minister under section 4A of the former Act and in force immediately before the commencing day is taken to be a determination made by the Minister under this Act for the purposes of the definition of recognised temporary entry permit in section 3 of this Act.

130 Recognised visa

A declaration made by the relevant Minister under section 4AA of the former Act and in force immediately before the commencing day is taken to be a determination made by the Minister under this Act for the purposes of the definition of recognised visa in section 3 of this Act.

131 Priority languages

(1) The list of languages made by the relevant Minister that was in existence under subsection 4B(1) of the former Act immediately before the commencing day is taken to be a list made by the Minister under subsection 85(1) of this Act.

(2) A declaration made by a State Minister under subsection 4B(4) of the former Act and in force immediately before the commencing day is taken to be a determination made by the relevant State Minister under subsection 85(4) of this Act.

132 Previous list of non‑government schools

The list of non‑government schools that was maintained by the relevant Minister immediately before the commencing day under section 6 of the former Act (the previous list) is taken to be the list kept by the Minister under subsection 17(1) of this Act.

133 Maximum number of students specified in previous list

If:

(a) a school is included in the list because of section 132; and

(b) immediately before the commencing day a maximum number of students was specified for the school, or for the school for a particular location other than a temporary location, in the previous list; and

(i) a maximum number of primary students;

(ii) a maximum number of junior secondary students;

(iii) a maximum number of senior secondary students;

(iv) a maximum number of special students; and

(d) the maximum number took effect before the commencing day;

that maximum number is taken not to have been specified in the previous list immediately before the commencing day for those students for the school, or for the school for that location, as the case may be.

134 Previous list of approved school systems

The list of approved schools that was maintained by the relevant Minister immediately before the commencing day under section 7 of the former Act (the previous list of approved school systems) is taken to be the list of approved school systems kept by the Minister under subsection 19(1) of this Act.

135 New funding levels on commencing day for existing non‑government schools and approved school systems

(1) If:

(a) the Minister has, before the commencement of this Act, carried out a review of the funding levels of non‑systemic schools; and

(b) as a result of that review the Minister decided that the funding level of a non‑systemic school that is included in the list because of section 132 should be a different funding level (the new funding level) from the funding level of that school that was specified in the previous list;

the Minister may vary the list by specifying for that school, with effect on and from the commencing day, the new funding level as the funding level of that school in lieu of the funding level that, apart from this section, would be specified in the list for that school.

(2) If:

(a) the Minister has, before the commencement of this Act, carried out a review of the funding levels of approved school systems; and

(b) as a result of that review the Minister decided that the funding level of an approved school system that is included in the list of approved school systems because of section 134 should be a different funding level (the new funding level) from the funding level of that system that was specified in the previous list of approved school systems;

the Minister may vary the list of approved school systems by specifying for that system, with effect on and from the commencing day, the new funding level as the funding level of that system in lieu of the funding level that, apart from this section, would be specified in the list of approved school systems for that system.

(3) If, as a result of a variation made by the Minister under subsection (1) or (2) in respect of a non‑systemic school or an approved school system, the amount that, apart from this subsection, would be the Part 1 amount applicable for the school or system under section 55 for the 1993 program year is less than the amount (the guaranteed amount) that would have been the Part 1 amount applicable for the school or system under that section for that program year if the variation had not been made, the Part 1 amount applicable for the school or system under that section for the 1993 program year or any later program year is to be:

(a) the amount that, apart from this subsection, would be the Part 1 amount applicable for the school or system under that section for the program year concerned; or

(b) the guaranteed amount;

whichever is the greater.

(4) If, as a result of a variation made by the Minister under subsection (1) or (2) in respect of a non‑systemic school or an approved school system, the amount that, apart from this subsection, would be the Part 2 amount applicable for the school or system under section 55 for the 1993 program year is less than the amount (the guaranteed amount) that would have been the Part 2 amount applicable for the school or system under that section for that program year if the variation had not been made, the Part 2 amount applicable for the school or system under that section for the 1993 program year or any later program year is to be:

(a) the amount that, apart from this subsection, would be the Part 2 amount applicable for the school or system under that section for the program year concerned; or

(b) the guaranteed amount;

whichever is the greater.

136 Notice of change or proposal given under former Act

If:

(a) a notice of a change of a kind referred to in subsection 8(2), or of a proposal of a kind referred to in subsection 8(3), of the former Act was given to the relevant Minister under subsection 8(4) of that Act by the approved authority of an approved school system or of a non‑systemic school; and

(b) the Minister had not before the commencing day given a provisional approval under subsection 8(5) or (6) of that Act to the proposed change or to the proposal;

the notice is taken for the purposes of this Act to be a notice given under section 23 or 39, as the case may be, of this Act.

137 Provisional approval to change or proposal given under former Act

(1) If the relevant Minister gave a provisional approval under subsection 8(5) of the former Act to a proposed change of a kind referred to in section 21 of this Act but did not before the commencing day make a determination under subsection 8(10) of the former Act to take account of the change, the provisional approval is taken to have been given under section 24 of this Act.

(2) If the relevant Minister gave a provisional approval under subsection 8(6) of the former Act to a proposed change of a kind referred to in section 21 of this Act (other than a change to which subsection 8(5) of the former Act applied) or to a proposal of a kind referred to in section 22 of this Act but did not before the commencing day make a determination under subsection 8(10) or (12) of the former Act to take account of the change or the change involved in the proposal, the provisional approval is taken to have been given under section 25 of this Act.

138 Refusal of provisional approval under former Act

(1) If the relevant Minister gave notice to an approved authority of an approved school system or of a non‑systemic school under subsection 8(17) of the former Act in relation to a change or a proposal of a kind referred to in section 21 or 22 of this Act but had not before the commencing day made a decision in respect of the change or proposal under subsection 8(18) of the former Act:

(a) the notice is taken for the purposes of this Act to be a notice given under section 35 of this Act; and

(b) any submissions made by the approved authority are taken for those purposes to be made under that section.

(2) If the notice related to a change and the Minister reconsiders the decision to which the notice relates and gives provisional approval to the change, subsection 21(2) does not apply in relation to the change.

Schedule 1—Capital grants for government schools

Sections 47 and 48

Part 1—1993

Column 1	Column 2	Column 3	Column 4
State	General grants	Grants for projects assisting retention	Grants for projects relating to refurbishment
	$	$	$
New South Wales	67,177,000	4,175,000	20,931,000
Victoria	48,005,000	3,064,000	15,854,000
Queensland	35,823,000	1,904,000	9,808,000
Western Australia	19,699,000	987,000	5,270,000
South Australia	16,813,000	904,000	4,417,000
Tasmania	5,910,000	369,000	1,911,000
Australian Capital Territory	3,680,000	—	1,261,000
Northern Territory	2,445,000	103,000	548,000
Total	199,552,000	11,506,000	60,000,000

Part 2—1994

Column 1	Column 2
State	General grants
	$
New South Wales	68,482,000
Victoria	48,309,000
Queensland	36,295,000
Western Australia	20,000,000
South Australia	16,971,000
Tasmania	5,946,000
Australian Capital Territory	3,718,000
Northern Territory	2,425,000
Total	202,146,000

Part 3—1995

Column 1	Column 2
State	General grants
	$
New South Wales	70,282,000
Victoria	48,831,000
Queensland	37,485,000
Western Australia	20,626,000
South Australia	17,119,000
Tasmania	6,002,000
Australian Capital Territory	3,760,000
Northern Territory	2,488,000
Total	206,593,000

Part 4—1996

Column 1	Column 2
State	General grants
	$
New South Wales	70,493,000
Victoria	48,532,000
Queensland	37,611,000
Western Australia	20,810,000
South Australia	16,942,000
Tasmania	5,975,000
Australian Capital Territory	3,718,000
Northern Territory	2,512,000
Total	206,593,000

Schedule 2—General recurrent grants for government schools

Section 49

Part 1—Primary education

Column 1	Column 2	Column 3	Column 4
1993	1994	1995	1996
$	$	$	$
319	336	343	343

Part 2—Secondary education

Column 1	Column 2	Column 3	Column 4
1993	1994	1995	1996
$	$	$	$
472	497	507	507

Schedule 3—Capital grants for non‑government schools

Section 53

Column 1	Column 2
Year	Grants
	$
1993	129,150,000
1994	105,504,000
1995	113,002,000
1996	113,002,000

Schedule 4—General recurrent grants for non‑government schools

Section 55

Part 1—Primary education

Column 1	Column 2	Column 3	Column 4	Column 5
Funding level	1993	1994	1995	1996
	$	$	$	$
1	423	445	454	454
2	565	594	606	606
3	707	744	759	759
4	860	904	923	923
5	997	1,055	1,085	1,092
6	1,106	1,169	1,201	1,209
7	1,216	1,286	1,319	1,328
8	1,334	1,411	1,449	1,459
9	1,425	1,521	1,575	1,598
10	1,514	1,620	1,683	1,713
11	1,607	1,727	1,800	1,836
12	1,701	1,833	1,918	1,964

Part 2—Secondary education

Column 1	Column 2	Column 3	Column 4	Column 5
Funding level	1993	1994	1995	1996
	$	$	$	$
1	671	706	721	721
2	892	938	957	957
3	1,034	1,087	1,109	1,109
4	1,356	1,426	1,455	1,455
5	1,452	1,537	1,580	1,590
6	1,614	1,707	1,753	1,764
7	1,775	1,878	1,926	1,937
8	1,952	2,067	2,121	2,135
9	2,088	2,230	2,308	2,342
10	2,212	2,367	2,458	2,504
11	2,346	2,521	2,626	2,680
12	2,486	2,681	2,802	2,870

Schedule 5—Grants of short term emergency assistance for non‑government schools

Section 59

Column 1	Column 2	Column 3	Column 4
1993	1994	1995	1996
$	$	$	$
499,000	524,000	534,000	534,000

Schedule 5A—Grants for special projects in connection with non‑government rural student hostels

Section 60A

Column 1	Column 2	Column 3
1994	1995	1996
$	$	$
1,633,000	1,111,000	Nil

Schedule 6—Grants to facilitate access to school education

Sections 62 to 69

Part 1—1993

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7	Column 8
State	Grants for general education in English as a second language provided at or in connection with government schools	Grants for general education in English as a second language provided at or in connection with non‑government schools	Amount per eligible new arrival	Grants for special education in government schools and centres	Grants for special education in non‑government schools and centres	Grants for special education intervention support	Grants for capital projects for children and students with disabilities in non‑government schools and centres
	$	$	$	$	$	$	$
New South Wales	16,647,000	8,185,911		8,855,000	7,782,000	5,223,000
Victoria	12,847,000	7,730,655		6,327,000	7,633,000	4,334,000
Queensland	3,744,000	1,765,756		4,721,000	3,340,000	3,286,000
Western Australia	3,271,000	1,708,445		2,596,000	2,137,000	1,535,000
South Australia	3,286,000	1,267,615		2,216,000	1,654,000	1,360,000
Tasmania	432,000	152,320		779,000	538,000	506,000
Australian Capital Territory	816,000	419,160		485,000	488,000	276,000
Northern Territory	842,000	371,138		322,000	199,000	206,000
Total	41,885,000	21,601,000	2,722	26,301,000	23,771,000	16,726,000	3,915,000

Part 2—1994

Sections 62 to 69B and section 78A

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7	Column 8	Column 9	Column 10
State	Grants for general education in English as a second language provided at or in connection with government schools	Grants for general education in English as a second language provided at or in connection with non‑government schools	Amount per eligible new arrival	Grants for special education in government schools and centres	Grants for special education in non‑government schools and centres	Grants for intervention support	Grants for capital projects in connection with special education in non‑government schools and centres	Grants for capital projects for children and students with disabilities in non‑government centres	Grants for transition support programs
	$	$	$	$	$	$	$	$	$
New South Wales	17,496,000	8,520,000		9,363,000	8,229,000	5,449,000
Victoria	13,502,000	8,174,000		6,606,000	7,992,000	4,537,000
Queensland	3,935,000	1,872,000		4,963,000	3,509,000	3,504,000
Western Australia	3,438,000	1,820,000		2,735,000	2,223,000	1,612,000
South Australia	3,453,000	1,403,000		2,321,000	1,741,000	1,423,000
Tasmania	454,000	189,000		813,000	568,000	536,000
Australian Capital Territory	858,000	436,000		509,000	513,000	295,000
Northern Territory	885,000	289,000		332,000	208,000	223,000
Total	44,021,000	22,703,000	2,861	27,642,000	24,983,000	17,579,000	2,300,000	1,666,000	2,178,000

Part 3—1995

Sections 62 to 69B and section 78A

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7	Column 8	Column 9	Column 10
State	Grants for general education in English as a second language provided at or in connection with government schools	Grants for general education in English as a second language provided at or in connection with non‑government schools	Amount per eligible new arrival	Grants for special education in government schools and centres	Grants for special education in non‑government schools and centres	Grants for special education intervention support	Grants for capital projects in connection with special education in non‑government schools and centres	Grants for capital projects for children and students with disabilities in non‑government centres	Grants for transition support programs
	$	$	$	$	$	$	$	$	$
New South Wales	17,846,000	8,690,000		9,592,000	8,398,000	5,564,000
Victoria	13,772,000	8,338,000		6,665,000	8,059,000	4,593,000
Queensland	4,013,000	1,909,000		5,114,000	3,643,000	3,613,000
Western Australia	3,507,000	1,856,000		2,814,000	2,298,000	1,645,000
South Australia	3,522,000	1,431,000		2,338,000	1,773,000	1,445,000
Tasmania	463,000	193,000		820,000	577,000	544,000
Australian Capital Territory	875,000	445,000		513,000	519,000	299,000
Northern Territory	903,000	295,000		339,000	216,000	228,000
Total	44,901,000	23,157,000	2,919	28,195,000	25,483,000	17,931,000	2,351,000	1,703,000	2,222,000

Part 4—1996

Sections 62 to 69B and sections 78A and 78B

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7	Column 8	Column 9	Column 10	Column 11
State	Grants for general education in English as a second language provided at or in connection with government schools	Grants for general education in English as a second language provided at or in connection with non‑government schools	Amount per eligible new arrival	Grants for special education in government schools and centres	Grants for special education in non‑government schools and centres	Grants for special education intervention support	Grants for capital projects in connection with special education in non‑government schools and centres	Grants for capital projects for children and students with disabilities in non‑government centres	Grants for transition support programs	Grants for non‑government special schools to assist students with disabilities
	$	$	$	$	$	$	$	$	$	$
New South Wales	17,846,000	8,690,000		9,621,000	8,370,000	5,546,000
Victoria	13,772,000	8,338,000		6,624,000	8,015,000	4,568,000
Queensland	4,013,000	1,909,000		5,133,000	3,699,000	3,655,000
Western Australia	3,507,000	1,856,000		2,840,000	2,318,000	1,652,000
South Australia	3,522,000	1,431,000		2,312,000	1,773,000	1,445,000
Tasmania	463,000	193,000		815,000	575,000	540,000
Australian Capital Territory	875,000	445,000		507,000	515,000	294,000
Northern Territory	903,000	295,000		343,000	218,000	231,000
Total	44,901,000	23,157,000	2,919	28,195,000	25,483,000	17,931,000	2,351,000	1,703,000	1,037,000	3,216,000

Schedule 7—Grants to promote equity in school education

Sections 70 to 73

Part 1—1993

Column 1	Column 2	Column 3	Column 4	Column 5
State	Grants for disadvantaged government schools	Grants for disadvantaged non‑government schools	Grants for schools in prescribed country areas	Grants for enhancing literacy and learning
	$	$	$	$
New South Wales	19,673,000	3,268,000	3,711,000	2,127,000
Victoria	13,846,000	3,590,000	2,194,000	1,619,000
Queensland	6,605,000	732,000	3,562,000	678,000
Western Australia	5,561,000	625,000	2,620,000	573,000
South Australia	4,913,000	414,000	1,543,000	497,000
Tasmania	2,401,000	122,000	514,000	234,000
Australian Capital Territory	52,000	18,000
Northern Territory	1,187,000	78,000	551,000	117,000
Total	54,238,000	8,847,000	14,695,000	5,845,000

Note: Grants for enhancing literacy and learning cease from end of 1993.

Part 2—1994

Sections 70 to 72B

Column 1	Column 2	Column 3	Column 4	Column 5
State	Grants for disadvantaged government schools	Grants for disadvantaged non‑government schools	Grants for government schools in prescribed country areas or geographically isolated areas	Grants for non‑government schools in prescribed country areas or geographically isolated areas
	$	$	$	$
New South Wales	20,674,000	3,435,000	3,467,000	432,000
Victoria	14,552,000	3,773,000	1,992,000	315,000
Queensland	6,942,000	769,000	3,298,000	446,000
Western Australia	5,845,000	657,000	2,343,000	411,000
South Australia	5,164,000	435,000	1,605,000	16,000
Tasmania	2,521,000	131,000	512,000	28,000
Australian Capital Territory	55,000	19,000
Northern Territory	1,248,000	82,000	574,000	5,000
Total	57,001,000	9,301,000	13,791,000	1,653,000

Note: Grants for schools in prescribed country areas (Column 4) in 1993 has changed to Grants for government schools in geographically isolated areas (Column 4) and Grants for non‑government schools in geographically isolated areas (Column 5) in 1994, 1995 and 1996.

Part 3—1995

Sections 70 to 72B

Column 1	Column 2	Column 3	Column 4	Column 5
State	Grants for disadvantaged government schools	Grants for disadvantaged non‑government schools	Grants for government schools in prescribed country areas or geographically isolated areas	Grants for non‑government schools in prescribed country areas or geographically isolated areas
	$	$	$	$
New South Wales	21,087,000	3,503,000	3,505,000	473,000
Victoria	14,843,000	3,848,000	2,032,000	321,000
Queensland	7,081,000	785,000	3,364,000	455,000
Western Australia	5,962,000	670,000	2,390,000	419,000
South Australia	5,267,000	444,000	1,637,000	16,000
Tasmania	2,572,000	134,000	522,000	29,000
Australian Capital Territory	56,000	19,000
Northern Territory	1,273,000	84,000	585,000	5,000
Total	58,141,000	9,487,000	14,035,000	1,718,000

Part 4—1996

Sections 70 to 72B

Column 1	Column 2	Column 3	Column 4	Column 5
State	Grants for disadvantaged government schools	Grants for disadvantaged non‑government schools	Grants for government schools in prescribed country areas or geographically isolated areas	Grants for non‑government schools in prescribed country areas or geographically isolated areas
	$	$	$	$
New South Wales	20,748,000	3,447,000	3,424,000	461,000
Victoria	14,604,000	3,787,000	1,985,000	314,000
Queensland	6,967,000	772,000	3,287,000	444,000
Western Australia	5,866,000	659,000	2,335,000	410,000
South Australia	5,182,000	437,000	1,599,000	16,000
Tasmania	2,530,000	131,000	510,000	28,000
Australian Capital Territory	55,000	19,000
Northern Territory	1,253,000	82,000	572,000	5,000
Total	57,205,000	9,334,000	13,712,000	1,678,000

Schedule 8—Grants to meet national priorities

Sections 74 to 78

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7	Column 8
Year	Grants for national projects in prescribed country areas	Grants for national projects enhancing literacy and learning	Grants for students at risk in government schools	Grants for students at risk in non‑government schools	Grants for national projects for gifted and talented students	Grants for projects fostering literacy in early years of schooling at government schools	Grants for projects fostering literacy in early years of schooling at non‑government schools
	$	$	$	$	$	$	$
1993	3,561,000	1,669,000	5,180,000	2,072,000	1,036,000
1994	3,743,000	1,754,000	5,444,000	2,178,000	1,089,000
1995		1,789,000	5,156,000	2,063,000	1,111,000	6,666,000	2,208,000
1996			5,156,000	2,063,000	Nil	6,666,000	2,208,000

Schedule 9—Incentive grants

Sections 79 to 81

Column 1	Column 2	Column 3	Column 4
Year	Amounts per eligible year 11 or Year 12 mathematics or physics student	Amounts per student with disabilities in a government primary school	Amounts per student with disabilities in a government secondary school
	$	$	$
1993	315	64	95
1994	327	68	100
1995	344	70	102
1996	Nil	70	102

Schedule 10—School language program

Sections 87, 88, 89 and 94

Part 1—1993

Column 1	Column 2	Column 3	Column 4
State	Amount per eligible Year 12 language student	Grants for community languages provided at or in connection with government schools or by persons or organisations other than non‑government schools systems or non‑systemic schools	Grants for community languages provided at or in connection with non‑government schools
	$	$	$
New South Wales		2,669,000	813,000
Victoria		1,807,000	2,998,000
Queensland		494,000	295,000
Western Australia		283,000	139,000
South Australia		378,000	118,000
Tasmania		20,000	4,000
Australian Capital Territory		82,000	86,000
Northern Territory		30,000
Total	315	5,763,000	4,453,000

Part 2—1994

Sections 87, 88, 89 and 94

Column 1	Column 2	Column 3	Column 4
State	Amount per eligible Year 12 language student	Grants for community languages provided at or in connection with government schools or by persons or organisations other than non‑government schools systems or non‑systemic schools	Grants for community languages provided at or in connection with non‑government schools
	$	$	$
New South Wales		2,805,000	855,000
Victoria		1,899,000	3,151,000
Queensland		519,000	310,000
Western Australia		298,000	146,000
South Australia		397,000	124,000
Tasmania		21,000	4,000
Australian Capital Territory		86,000	90,000
Northern Territory		32,000
Total	327	6,057,000	4,680,000

Part 3—1995

Sections 93A, 93B and 94

Column 1	Column 2	Column 3	Column 4
State	Grants for priority languages	Grants for community languages provided at or in connection with government schools or by persons or organisations other than non‑government schools systems or non‑systemic schools	Grants for community languages provided at or in connection with non‑government schools
	$	$	$
New South Wales		2,861,000	872,000
Victoria		1,937,000	3,214,000
Queensland		529,000	316,000
Western Australia		309,000	149,000
South Australia		405,000	127,000
Tasmania		21,000	4,000
Australian Capital Territory		88,000	92,000
Northern Territory		33,000
Total	4,080,000	6,178,000	4,774,000

Part 4—1996

Sections 93A, 93B and 94

Column 1	Column 2	Column 3	Column 4
State	Grants for priority languages	Grants for community languages provided at or in connection with government schools or by persons or organisations other than non‑government schools systems or non‑systemic schools	Grants for community languages provided at or in connection with non‑government schools
	$	$	$
New South Wales		2,861,000	872,000
Victoria		1,937,000	3,214,000
Queensland		529,000	316,000
Western Australia		309,000	149,000
South Australia		405,000	127,000
Tasmania		21,000	4,000
Australian Capital Territory		88,000	92,000
Northern Territory		33,000
Total	4,080,000	6,178,000	4,774,000

Schedule 11—Joint programs to support primary and secondary education

Sections 100 and 102

Column 1	Column 2	Column 3
Year	Grants for approved education centres	Grants for projects of national significance
	$	$
1993	2,412,000	2,579,000
1994	2,535,000	2,711,000
1995	2,586,000	2,765,000
1996	2,586,000	2,765,000

Notes to the States Grants (Primary and Secondary Education Assistance) Act 1992

Note 1

The States Grants (Primary and Secondary Education Assistance) Act 1992 as shown in this compilation comprises Act No. 160, 1992 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
States Grants (Primary and Secondary Education Assistance) Act 1992	160, 1992	11 Dec 1992	1 Jan 1993
States Grants (Primary and Secondary Education Assistance) Amendment Act 1994	19, 1994	Royal Assent	Parts 2‑6 (ss. 3‑32): 1 Jan 1994 Remainder: Royal Assent	—
as amended by
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 3 (item 69): 10 Feb 1994 (a)	—
States Grants (Primary and Secondary Education Assistance) Amendment Act 1995	29, 1995	Royal Assent	Ss. 1, 2, 4‑14, 36(2), 37 and 38: Royal Assent Ss. 3(b), 20, 23, 27(b), 33(a), (c), and 35 (items 3, 4, 10, 11): 1 Jan 1994 Ss. 18, 19, 22, 35 (items 1, 2, 5) and 36(1): 1 Jan 1993 Remainder: 1 Jan 1995	Ss. 37, 38
as amended by
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 3 (item 70): 7 Apr 1995 (b)	—
States Grants (Primary and Secondary Education Assistance) Amendment Act (No. 2) 1995	154, 1995	16 Dec 1995	Ss. 3 and 4: 1 Jan 1996 Remainder: Royal Assent	—
Education and Training Legislation Amendment Act 1996	13, 1996	14 June 1996	1 July 1996	—
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (item 1219): 1 Jan 1998 (see Gazette 1997, No. GN49) (c)	—

(a) The States Grants (Primary and Secondary Education Assistance) Amendment Act 1994 was amended by Schedule 3 (item 69) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

“(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item receives the Royal Assent.”

(b) The States Grants (Primary and Secondary Education Assistance) Amendment Act 1995 was amended by Schedule 3 (item 70) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

“(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item receives the Royal Assent.”

(c) The States Grants (Primary and Secondary Education Assistance) Act 1992 was amended by Schedule 2 (item 1219) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

“(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.”

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3....................	am. No. 19, 1994; Nos. 29 and 154, 1995
Ss. 5, 6.................	am. No. 19, 1994
S. 13A..................	ad. No. 19, 1994
S. 15...................	am. No. 19, 1994
S. 17...................	am. No. 19, 1994
S. 23...................	rs. No. 29, 1995
S. 23A..................	ad. No. 29, 1995
S. 24...................	rs. No. 29, 1995
S. 25...................	am. No. 29, 1995
S. 29...................	am. No. 29, 1995
S. 29A..................	ad. No. 29, 1995
S. 30...................	am. No. 29, 1995
S. 30A..................	ad. No. 29, 1995
S. 39...................	rs. No. 29, 1995
S. 44...................	am. No. 29, 1995
S. 44A..................	ad. No. 29, 1995
S. 45...................	am. No. 29, 1995
S. 46A..................	ad. No. 29, 1995
S. 47...................	am. No. 19, 1994
Heading to Part 5..........	rs. No. 19, 1994
S. 51...................	am. No. 29, 1995
Ss. 52, 53................	am. No. 19, 1994
S. 55...................	am. No. 19, 1994
Div. 3A of Part 5........... (ss. 60A‑60C)	ad. No. 19, 1994
S. 60A..................	ad. No. 19, 1994
	am. No. 29, 1995
S. 60B..................	ad. No. 19, 1994
S. 60C..................	ad. No. 19, 1994
	am. No. 29, 1995
Heading to Div. 4 of Part 5....	am. No. 19, 1994
S. 61...................	am. No. 19, 1994
S. 62...................	am. No. 19, 1994; No. 29, 1995
S. 63...................	am. No. 19, 1994
Ss. 64, 65................	am. No. 29, 1995
S. 65A..................	ad. No. 19, 1994
	am. No. 29, 1995
S. 65B..................	ad. No. 19, 1994
S. 66...................	am. No. 19, 1994
S. 67A..................	ad. No. 19, 1994
	am. Nos. 29 and 154, 1995
S. 68...................	am. No. 29, 1995
S. 68A..................	ad. No. 19, 1994
	am. No. 29, 1995
S. 69...................	am. No. 19, 1994
Ss. 69A‑69C.......	ad. No. 19, 1994
S. 70...................	am. No. 19, 1994
S. 71A..................	ad. No. 19, 1994
S. 72...................	am. No. 29, 1995
S. 72A..................	ad. No. 19, 1994
	am. No. 29, 1995
S. 72B..................	ad. No. 19, 1994
S. 74...................	am. No. 19, 1994
Ss. 75, 76................	am. No. 19, 1994; No. 29, 1995
S. 77...................	am. No. 19, 1994 (as am. by No. 43, 1996); No. 29, 1995
Ss. 77A‑77C.......	ad. No. 29, 1995
	am. No. 154, 1995
S. 78...................	am. No. 19, 1994
S. 78A..................	ad. No. 19, 1994
S. 78B..................	ad. No. 154, 1995
S. 79...................	am. Nos. 19 and 154, 1994
S. 83...................	am. No. 29, 1995
S. 84...................	am. No. 19, 1994; No. 29, 1995
S. 85...................	am. No. 29, 1995
S. 85A..................	ad. No. 29, 1995
Heading to Div. 2 of Part 7....	am. No. 29, 1995
Ss. 87, 88................	am. No. 29, 1995
S. 89...................	am. No. 19, 1994; No. 29, 1995
S. 93...................	am. No. 19, 1994
Div. 2A of Part 7 .......... (ss. 93A‑93G)	ad. No. 29, 1995
Ss. 93A‑93G.......	ad. No. 29, 1995
Ss. 98, 99................	am. No. 29, 1995
S. 106..................	am. No. 29, 1995 (as am. by No. 43, 1996)
S. 107..................	rs. No. 19, 1994
S. 109..................	am. No. 19, 1994
S. 115..................	am. No. 152, 1997
Schedules 1, 2............	rs. No. 19, 1994; Nos. 29 and 154, 1995
Schedule 3...............	rs. No. 19, 1994; Nos. 29 and 154, 1995
	am. No. 13, 1996
Schedules 4, 5............	rs. No. 19, 1994; Nos. 29 and 154, 1995
Schedule 5A..............	ad. No. 19, 1994
	rs. Nos. 29 and 154, 1995
Schedule 6...............	rs. No. 19, 1994
	am. No. 29, 1995
	rs. Nos. 29 and 154, 1995
Schedules 7‑11.....	rs. No. 19, 1994; Nos. 29 and 154, 1995

Legislation content

Part 1—Preliminary

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Definitions

4 Aboriginal community school

5 Disadvantaged schools—government schools

6 Disadvantaged schools—non‑government schools

7 Equal opportunities

8 Full fee paying private overseas students

9 Levels of education

10 Maximum number of students

11 Minimum number of students

12 New or additional location

13 Prescribed country areas

13A Geographically isolated areas—government and non‑government schools

14 Determinations, approvals etc. by Minister

15 Minister not to authorise payment to State for non‑government body in certain circumstances

16 Funding of non‑government schools

Part 2—List of non‑government schools and systems

17 List of non‑government schools

18 Variation of list of non‑government schools

19 List of approved school systems

20 Variation of list of approved school systems

Part 3—Changes to non‑government schools and proposals for new non‑government schools

Division 1—Changes and proposals requiring assessment

21 Changes to which Division applies

22 Proposals to which Division applies

23 Approved authority to give notice of change or proposal

23A Approved authority must apply to make a change or proposal if change is to occur on or after 1 January 1998

24 Provisional approval when no significant change in clientele

25 Provisional approval when significant change in clientele

26 Eligibility criteria for change

27 Eligibility criteria for proposal

28 Matters for consideration if significant change in clientele

29 Variation to take account of change if there is no progressive provision of secondary education

29A Variation to take account of change to which paragraph 26(c) or (d) applies if there is a progressive provision of secondary education

30 Variation to take account of proposal if there is no progressive provision of secondary education

30A Variation to take account of proposal if there is a progressive provision of secondary education

31 Variation to take account of proposal for new school at temporary location

32 Variation to include funding level in certain cases

33 Non‑systemic school may apply for funding at higher level after 5 years

34 Minister may remove school from list if change made without provisional approval

35 Procedures if Minister does not give provisional approval

36 Minister to give notice to authority of determination

37 Determination may be given retrospective effect

Division 2—Changes not requiring assessment

38 Changes to which Division applies

39 Approved authority to give notice of change

40 Variation to take account of change

41 Variation to include funding level in certain cases

42 Minister to give notice to authority of determination

43 Determination may be given retrospective effect

Division 3—Maximum and minimum numbers of students

44 Minister may change maximum number of students eligible for general recurrent funding

44A Approved authority to give notice of variation of list if variation to occur on or after 1 January 1998

45 Approved authority must apply to Minister for a variation of list

46 Non‑government schools—change if failure to meet minimum enrolments

46A Non‑government schools—change if there is a failure, during the course of a progressive provision, to meet minimum enrolments

Part 4—Capital and general recurrent grants for government schools

47 Grants for capital projects

48 Grants for capital projects relating to refurbishment

49 Grants for general recurrent expenditure

50 Additional conditions of grants under this Part

Part 5—Grants for non‑government schools and non‑government rural student hostels

Division 1—Capital grants

51 Approval of block grant authorities and maintenance of lists of participating schools and hostels

52 Approval of capital projects

53 Grants for capital projects

54 Conditions of grants

Division 2—General recurrent grants

55 Grants for general recurrent expenditure

56 Conditions of grants

57 Minister may reduce general recurrent grant in certain circumstances

58 Limits on funding if maximum number of students specified

Division 3—Grants for short‑term emergency assistance for non‑government schools

59 Grants of short‑term emergency assistance

60 Conditions of grants

Division 3A—Grants for special projects in connection with non‑government rural student hostels

60A Grants for special projects in connection with non‑government rural student hostels