States Grants (Schools Assistance) Act 1976 - Legislation

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1976

No. 133 of 1976

An Act to provide Financial Assistance to the States for and in relation to Schools, and for related purposes.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

PART I—PRELIMINARY

Short title.

1. This Act may be cited as the States Grants (Schools Assistance) Act 1976.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. (1) In this Act, unless the contrary intention appears—

“approved authority”, in relation to an approved school system or in relation to a non-government school, means such person or body as the Minister declares to be the approved authority of that school system or of that school, as the case may be, for the purposes of this Act;

“approved school system” means a school system in a State, or in a part of a State, that consists of non-government schools and that the Minister declares to be an approved school system for the purposes of this Act;

“building” includes part of a building;

“building project” includes—

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

(b) the planning, erection, alteration or extension of a building or other facilities;

(d) the installation of water, electricity or other services;

“certificate by an authorized person”, in relation to moneys paid to a State under a provision of this Act, means a certificate signed by a person, or by a person included in a class of persons, authorized by the State Education Minister for the State to sign certificates in respect of the application by the State of moneys paid to the State under that provision;

“certificate by a qualified accountant” means a certificate signed by—

(a) a person who is registered as a company auditor or a public accountant under a law of a State or Territory;

(b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or

“child” includes young person;

“commencing day” means the day on which this Act receives the Royal Assent;

“Commonwealth Education Minister” means the Minister;

“disadvantaged country area” means an area that the Minister declares, under sub-section 4(4), to be a disadvantaged country area for the purposes of this Act;

“disadvantaged school” means—

(a) a government school in a State that the State Education Minister for the State informs the Commonwealth Education Minister, under sub-section 4(1), is a school that should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act; and

(b) a non-government school that the Minister declares, under sub-section 4(2), to be a disadvantaged school for the purposes of this Act;

“equipment project” means a project for or in relation to the provision of equipment, library material or furniture;

“government disadvantaged school” means a government primary school, or a government secondary school, that is a disadvantaged school;

“government primary school” means—

(a) a government school at which primary education is provided; or

(b) in the case of a government school at which primary education, and also education other than primary education, are provided—that school in so far as it provides primary education;

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

“government secondary school” means—

(a) a government school at which secondary education is provided; or

(b) in the case of a government school at which secondary education, and also education other than secondary education, are provided—that school in so far as it provides secondary education;

“government special school” means a government school that is a special school;

“library material” includes books, periodicals, newspapers, films, sound recordings, musical scores, maps, plans, pictures, photographs and prints;

“migrant education” means the provision of special educational programs and facilities, and the adaptation of educational programs and facilities, for the purpose of meeting the special educational needs of migrant children and the children of migrants or for the purpose of meeting the special educational needs of those children and also providing education for those children and other children that takes account of the various cultures of peoples in countries from which persons have migrated to Australia;

“non-government disadvantaged school” means a school that is a systemic disadvantaged school or a non-systemic disadvantaged school;

“non-government primary school” means—

(a) a non-government school in a State at which primary education is provided; or

(b) in the case of a non-government school at which primary education, and also education other than primary education, are provided—that school in so far as it provides primary education;

“non-government school” means a school in a State that is not conducted by or on behalf of the Government of the State, but does not include a school conducted for the profit, direct or indirect, of an individual or individuals;

“non-government secondary school” means—

(a) a non-government school in a State at which secondary education is provided; or

(b) in the case of a non-government school at which secondary education, and also education other than secondary education, are provided—that school in so far as it provides secondary education;

“non-government special school” means a non-government school that is a special school;

“non-systemic disadvantaged school” means a non-systemic school that is a disadvantaged school;

“non-systemic school” means a non-government primary school, or a non-government secondary school, that is not a systemic school;

“previous schools assistance Act” means the States Grants (Schools) Act 1976 or any other Act that came into operation before the commencing day and provides for the granting of financial assistance to the States in relation to schools;

“primary education”, in relation to a non-government school in a State, means education of a kind similar to that provided for students at government primary schools in the State;

“recurrent expenditure” means expenditure other than capital expenditure;

“residential institution” means an institution or home in a State that (whether or not it is an institution or home at which primary or secondary education is also provided) provides residential care for children and is conducted for welfare, correctional or similar purposes, being an institution or home that the Commonwealth Education Minister, having regard to any advice in relation to the institution or home furnished to him by the State Education Minister for the State, declares to be a residential institution for the purposes of this Act;

“school” includes an institution similar to a school, but does not include—

(a) a school or institution at which education is provided at pre-school or kindergarten standard only; or

(b) where the State Education Minister for a State notifies the Commonwealth Education Minister that a school or institution in the State that is specified in the notice is not recognized by the State Education Minister as a school and the Commonwealth Education Minister does not approve the school or institution as a school for the purposes of this Act—that school or institution;

“school in need of short-term emergency assistance” means a school that the Minister declares, under sub-section 4(5), to be, for the purposes of this Act, a school in need of short-term emergency assistance;

“schools census date”, in relation to a State, means the date in the year to which this Act applies as at which the Australian Statistician compiles statistics in relation to the numbers of students in schools in the State;

“Schools Commission” means the Schools Commission established by the Schools Commission Act 1973;

“secondary education”, in relation to a non-government school in a State, means education of a kind similar to that provided for students at government secondary schools in the State;

“special school” means a school in a State (whether or not it is a school or institution at which primary education or secondary education is provided)—

(a) at which special education is provided for handicapped children; and

(b) that the State Education Minister for the State informs the Commonwealth Education Minister should, in the opinion of the State Education Minister, be treated as a special school for the purposes of this Act,

or, in the case of such a school at which special education for handicapped children, and also education other than special education for handicapped children, are provided, that school in so far as it provides special education for handicapped children;

“State Education Minister”, in relation to a State, means the Minister of State for the State who is responsible, or principally responsible, for the administration of matters relating to primary education and secondary education in the State;

“student” means a full-time student;

“systemic disadvantaged school” means a systemic school that is a disadvantaged school;

“systemic school” means a non-government primary school, or a non-government secondary school, that is included in an approved school system and that the Minister declares to be a systemic school for the purposes of this Act;

“year to which this Act applies” means the year commencing on 1 January 1977.

(2) A reference in this Act to primary education or secondary education shall, in relation to students who, by reason of their being handicapped children, require special educational treatment, be read as including a reference to education that the Minister declares to be education of a kind that should be treated as primary education or secondary education, as the case may be, for the purposes of this Act.

(3) A reference in this Act to a building project shall, except where the context otherwise requires, be read as including a project that is in part a building project and in part an equipment project.

(4) Unless the contrary intention appears—

(a) references in this Act to government primary schools and to government secondary schools shall not be taken, by reason of the express references in this Act to government disadvantaged schools, government special schools and residential institutions, as not including references to disadvantaged schools, special schools and residential institutions that are government primary schools or government secondary schools;

(b) references in this Act to non-government primary schools and to non-government secondary schools shall not be taken, by reason of the express references in this Act to non-government disadvantaged schools, non-government special schools and residential institutions, as not including references to disadvantaged schools, special schools and residential institutions that are non-government primary schools or non-government secondary schools;

(c) references in this Act to systemic schools shall not be taken, by reason of the express references in this Act to systemic disadvantaged schools, non-government special schools and residential institutions, as not including references to disadvantaged schools, special schools and residential institutions that are systemic schools; and

(d) references in this Act to non-systemic schools shall not be taken, by reason of the express references in this Act to non-systemic disadvantaged schools, non-government special schools and residential institutions, as not including references to disadvantaged schools, special schools and residential institutions that are non-systemic schools.

(5) Where, immediately before the commencement of this Act, a declaration is in force for the purposes of the definition of “approved authority” in sub-section 3(1) of the States Grants (Schools) Act 1976, a declaration is in force for the purposes of the definition of “approved school system” in that sub-section or a declaration is in force for the purposes of the definition of “systemic school” in that sub-section, the declaration shall, upon the commencement of this Act, be deemed, for the purposes of this Act, to be a declaration made for the purposes of the definition of “approved authority”, “approved school system” or “systemic school”, as the case requires, in sub-section (1) of this section and shall have effect accordingly for the purposes of this Act.

Schools and areas with respect to which special provision made.

4. (1) Where—

(a) the students, or a substantial number of the students, at a government school in a State are members of a community that is, for social, economic, ethnic, geographic, cultural or lingual reasons, or for similar reasons, of such a kind that the capacity of the students to take advantage of educational opportunities ordinarily available at schools in the State is below average; and

(b) the State Education Minister for the State is of the opinion that—

(i) the school should, for any of the reasons referred to in paragraph (a), be treated as a disadvantaged school for the purposes of this Act; and

(ii) the total number of students at that school, and at other schools in the State that are or may become government disadvantaged schools, is not, and will not be, at any time during the year to which this Act applies, greater than the number of students that the Commonwealth Education Minister, under sub-section (3), has informed the State Education Minister is the approved maximum number of students in relation to government disadvantaged schools in that State in respect of that year,

the State Education Minister may inform the Commonwealth Education Minister that the school should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act.

(2) Where—

(a) the students, or a substantial number of the students, at a nongovernment school in a State are members of a community that is, for social, economic, ethnic, geographic, cultural or lingual reasons, or for similar reasons, of such a kind that the capacity of the students to take advantage of educational opportunities ordinarily available at schools in the State is below average; and

(b) the Commonwealth Education Minister is of the opinion that the school should, for any of the reasons referred to in paragraph (a), be treated as a disadvantaged school for the purposes of this Act,

the Commonwealth Education Minister may declare the school to be a disadvantaged school for the purposes of this Act.

(3) As soon as practicable after the commencement of this Act, the Commonwealth Education Minister shall determine, in relation to each State, the number of students that is, for the purposes of sub-section (1), the approved maximum number of students in relation to government disadvantaged schools in the State in respect of the year to which this Act applies, and shall inform the State Education Minister of that number.

(4) Where—

(a) the students, or a substantial number of the students, receiving primary education or secondary education in a country area of a State are members of a community that is, for geographic, social, economic or cultural reasons, or for similar reasons, of such a kind that the capacity of the students to take advantage of educational opportunities ordinarily available at schools in the State is below average;

(b) the State Education Minister for the State informs the Commonwealth Education Minister of that fact; and

(c) the Commonwealth Education Minister is of the opinion that the area should, for any of the reasons referred to in paragraph (a), be treated as a disadvantaged country area for the purposes of this Act, the Commonwealth Education Minister may declare the area to be a disadvantaged country area for the purposes of this Act.

(5) Where the Minister is of the opinion that—

(a) there is ordinarily included amongst the students at a non-government school in a State a substantial number of students from the country;

(b) there has been a decline in enrolment at the school of students of that kind and the decline is substantial and unusual; and

the Minister may declare the school to be, for the purposes of this Act, a school in need of short-term emergency assistance.

PART II—GENERAL BUILDING AND EQUIPMENT GRANTS

Grants for building and equipment projects in connexion with government schools.

5. (1) Subject to sub-section (2) and to section 7, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of building projects and equipment projects in connexion with government primary schools and government secondary schools in the State, of such amounts as the Minister determines.

(2) The Minister shall not authorize the payment of an amount to a State under sub-section (1) unless the Minister is satisfied that the amount will be applied for the purpose of meeting commitments already undertaken or to be undertaken not later than 31 December 1977.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (1) (in this section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) the relevant financial assistance will, without undue delay, be applied by the State for the purpose of meeting expenditure in respect of building projects and equipment projects in connexion with government primary schools, and building projects and equipment projects in connexion with government secondary schools, in the State, other than any project the sole or principal object, or one of the principal objects, of which is to provide housing or other residential accommodation in any capital city for teaching or other staff;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the relevant financial assistance has been applied by the State for the purpose referred to in paragraph (a); and

(ii) a statement in writing that specifies—

(A) the projects (not including a project the total expenditure in connexion with which was less than $20,000) in respect of which the relevant financial assistance has been applied, the amount so applied in respect of each of the projects and the total of those amounts; and

(B) the amount of the relevant financial assistance applied in respect of projects the total expenditure in connexion with each of which was less than $20,000; and

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

Reimbursement of moneys expended by States before commencing day on building and equipment projects in connexion with government schools.

6. (1) Where a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys (in this section referred to as the “State expenditure”) which, during the period that commenced on 1 October 1976 and ended on the day immediately preceding the commencing day )in this section referred to as the “relevant period”), has been applied by the State for the purpose referred to in paragraph 5(3)(a), otherwise than out of financial assistance granted to the State under any previous schools assistance Act, the Commonwealth Education Minister may, subject to section 7, authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount of the State expenditure.

(2) The financial assistance to a State constituted by a payment or payments of moneys under sub-section (1) (in this section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) the State will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(i) a certificate by an authorised person to the effect that the person has satisfied himself that an amount equal to the relevant financial assistance was, during the relevant period, applied by the State for the purpose referred to in paragraph 5 (3) (a), otherwise than out of financial assistance granted to the State under any previous schools assistance Act; and

(ii) a statement in writing that specifies—

(A) the projects (not including a project the total expenditure in connexion with which was less than $20,000) in respect of which the State expenditure was applied during the relevant period, the amount so applied in respect of each of the projects and the total of those amounts; and

(B) the amount of the State expenditure applied during the relevant period in respect of projects the total expenditure in connexion with each of which was less than $20,000; and

(b) if the State does not fulfil the condition that, under paragraph (a), is to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the amount of the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

(3) Where, in relation to a request by a State, the relevant financial assistance is less than the State expenditure, the amount of the State expenditure shall, for the purposes of sub-paragraph (2)(a)(ii), be deemed to be so much of the State expenditure as is equal to the relevant financial assistance.

Limits on grants under sub-sections 5(1) and 6(1), &c.

7. (1) The Minister shall not authorize payments to a State under sub-sections 5(1) and 6(1) that exceed, in the aggregate, the amount specified in column 2 of Schedule 1 opposite to the name of the State.

(2) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (4), the Commonwealth Education Minister may, at the request of the State Education Ministers for 2 or more States, direct that—

(a) this Act has effect as if the amounts specified in column 2 of Schedule 1 opposite to the names of those States were varied in accordance with the direction; or

(b) this Act has effect as if the amounts specified in column 3 of Schedule 1 opposite to the names of those States were varied in accordance with the direction,

and, where the Commonwealth Education Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-sections (3) and (4)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(3) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (4), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act has effect as if the amounts specified in columns 2 and 3 of Schedule 1 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this sub-section and sub-sections (2) and (4)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(4) A direction given under sub-section (2) or (3) shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in columns 2 and 3 of Schedule 1 opposite to the names of the States is greater or less than the total specified at the foot of column 4 of that Schedule.

(5) As soon as practicable after the Minister has given a direction under sub-section (2) or (3), he shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.

Approval of building and equipment projects in connexion with non-government schools.

8. (1) For the purposes of section 9, the Minister may, subject to sub-section (2) of this section, approve building projects and equipment projects in connexion with non-government primary schools, and building projects and equipment projects in connexion with non-government secondary schools, in a State.

(2) A project shall not be approved under sub-section (1) if the sole or principal objects, or one of the principal objects, of the project is—

(a) to provide housing or other residential accommodation for teaching or other staff; or

(b) to provide facilities for use, wholly or principally, for or in relation to religious worship.

Grants for building and equipment projects in connexion with non-government schools.

9. (1) Subject to sub-section (2) of this section and to section 11, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to a State in respect of a project approved under section 8, of such amounts as the Minister determines.

(2) The Minister shall not authorize the payment of an amount under sub-section (1) unless the Minister is satisfied that the amount will be applied for the purposes of meeting commitments already undertaken or to be undertaken not later than 31 December 1977.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of a building project or an equipment project in connexion with a non-government school in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment in respect of the project made out of moneys provided to the State by the Commonwealth under sub-section (1);

(b) the payment to the approved authority will not be made unless the authority, before or at the time of accepting the payment, agrees with the State to be bound by the following conditions:—

(i) the authority will ensure that an amount equal to the payment is applied (within a period of 6 months after the date of the payment or within such further period as the Minister allows) for the purpose of meeting expenditure in respect of that project;

(ii) the authority will cause to be furnished to the Minister (within a period of 3 months after the date of completion of the project or within such further period as the Minister allows) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the payment has been applied for the purpose referred to in sub-paragraph (i);

(iii) such other conditions (if any) as are specified in the approval of the project under section 8;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

(d) if the approved authority does not fulfil any condition to which, by virtue of paragraph (b), the authority has agreed, the State will repay to the Commonwealth an amount equal to so much of the relevant financial assistance as is equal to any amount repaid to the State by, or recovered by the State from, the authority.

Supplementary grants in respect of projects approved under previous legislation.

10. (1) In this section, “previously approved project” means a project approved under sub-section 6(1), 19(1) or 28(1) of the States Grants (Schools) Act 1973, and includes a building that is an approved laboratory building for the purposes of section 9 of that Act or is an approved library building for the purposes of section 22 of that Act.

(2) Subject to section 11, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State, in respect of a previously approved project, of such amounts as the Minister determines.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (2) in respect of a previously approved project in connexion with a non-government school in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the following conditions: —

(a) the State will, without undue delay, pay to the approved authority of the school an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment in respect of the project made out of moneys provided to the State by the Commonwealth under sub-section (2);

(b) if the State does not fulfil the condition that, under paragraph (a), is to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

Limits on grants under sub-sections 9 (1) and 10 (2).

11. (1) The Minister shall not authorize payments to a State under sub-sections 9(1) and 10(2) that exceed, in the aggregate, the amount specified in column 2 of Schedule 2 opposite to the name of the State.

(2) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (3), provision may be made by the regulations that this Act has effect as if some or all of the amounts specified in column 2 of Schedule 2 opposite to the names of States were varied in accordance with the regulations, and, where provision is so made with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-section (3)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(3) Regulations made for the purposes of sub-section (2) shall not provide for the variation of any amounts specified in column 2 of Schedule 2 opposite to the names of States in such a way that, after the variation, the aggregate of the amounts specified in that column is greater or less than the total specified at the foot of that column.

PART III—GRANTS FOR RECURRENT EXPENDITURE

Grants for recurrent expenditure in connexion with government schools.

12. (1) Subject to section 13, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with government primary schools and government secondary schools in the State, of such amounts as the Minister determines.

(2) The financial assistance to a State constituted by a payment of moneys under sub-section (1) (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) the relevant financial assistance will, as soon as is practicable, be applied by the State, according to the respective needs of the schools concerned, for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with government primary schools and government secondary schools in the State and, in particular, will ensure that such part of the relevant financial assistance as is not less than the amount specified in column 2 of Schedule 3 opposite to the name of the State is applied in respect of recurrent expenditure in relation to migrant education provided at those schools;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the relevant financial assistance has been applied by the State as required by paragraph (a), being a certificate that specifies the amount applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in relation to migrant education provided at government primary schools and government secondary schools in the State; and

(ii) a statement in writing that summarizes, in respect of government primary schools and in respect of government secondary schools, the manner in which the relevant financial assistance has been applied by the State; and

Limits on grants under sub-section 12(1).

13. The Minister shall not authorize payments to a State under sub-section 12(1) that exceed, in the aggregate, the amount specified in column 3 of Schedule 1 opposite to the name of the State.

Grants for recurrent expenditure of systemic schools.

14. (1) In this section, except where the contrary intention appears, “list of approved school systems” means the list prepared in accordance with sub-section 14(1) of the States Grants (Schools) Act 1976, being that list as varied before the commencing day under sub-section 14(2) of that Act.

(2) The Minister may, from time to time, vary the list of approved school systems for the purpose of adding to it school systems that are declared by him to be approved school systems for the purposes of this Act and the Minister shall, in making such a variation, specify, in respect of each such school system, the level at which assistance is to be provided under this Act for the school system in respect of recurrent expenditure in respect of the year to which this Act applies, being a level of assistance set out in column 1 of Schedule 4.

(3) The Minister shall, in determining the level at which assistance is to be provided under this Act for an approved school system referred to in sub-section (2) in respect of recurrent expenditure in respect of the year to which this Act applies, have regard to the needs of the school system for assistance under this Act in respect of recurrent expenditure in respect of the year to which this Act applies.

(4) The Minister may, having regard to any change in the needs of an approved school system in respect of recurrent expenditure, vary the list of approved school systems by specifying in respect of that approved school system a different level at which assistance is to be provided for the school system in respect of recurrent expenditure in respect of the year to which this Act applies, being a level of assistance set out in column 1 of Schedule 4.

(5) The Minister may vary the list of approved school systems for the purpose of correcting clerical errors or making alterations of a formal kind.

(6) The Minister shall cause a copy of any variation made under sub-section (2), (4) or (5) of the list of approved school systems to be published in the Gazette.

(7) The Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies of an approved school system in the State, of such amounts as the Minister determines, being amounts which do not exceed, in the aggregate, the sum of the following amounts:—

(a) an amount equal to the product of the amount specified in column 2 of Schedule 4 opposite to the level specified in the list of approved school systems in relation to the school system and the number of students receiving primary education at systemic schools in the school system on the date (in paragraph (b) referred to as the “census date”) that is the schools census date for the State or is such other date as the Minister, in special circumstances, determines in relation to the school system;

(b) an amount equal to the product of the amount specified in column 3 of Schedule 4 opposite to the level specified in the list of approved school systems in relation to the school system and the number of students receiving secondary education at systemic schools in the school system on the census date;

(c) an amount equal to such amount as the Minister, subject to section 16, determines to be the amount of assistance to be provided for the school system in respect of recurrent expenditure in respect of the year to which this Act applies in relation to migrant education provided at systemic schools in the school system;

(d) if any systemic schools in the school system are schools in need of short-term emergency assistance, an amount equal to such amount as the Minister, subject to section 17, determines to be the amount of additional assistance to be provided for the school system in respect of recurrent expenditure in respect of the year to which this Act applies in relation to those last-mentioned schools;

(e) if primary education or secondary education is provided at any systemic school in the school system for part-time students as well as for full-time students, an amount equal to such amount (if any) as the Minister determines to be the amount of assistance to be provided for the school system in respect of recurrent expenditure in respect of the year to which this Act applies in connexion with those part-time students.

(8) The financial assistance to a State constituted by a payment of moneys under sub-section (7) in respect of recurrent expenditure of an approved school system in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school system an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment made out of moneys provided to the State by the Commonwealth under sub-section (7);

(b) the payment (in this paragraph referred to as the “relevant payment”) to the approved authority will not be made unless the authority, before or at the time of accepting the payment, agrees with the State to be bound by the following conditions:—

(i) the authority will ensure that an amount equal to the relevant payment is (within a period of 6 months after the payment is made or within such further period as the Minister allows) applied, according to the respective needs of the systemic schools in the school system, for the purpose of meeting recurrent expenditure in respect of the year to which tins Act applies of those schools, and of the authority in respect of those schools, in such proportions as the Minister determines, and, in particular, will ensure that—

(A) an amount equal to the amount determined by the Minister under paragraph (7)(c) in relation to the school system is applied, in such proportions as the Minister determines, in respect of recurrent expenditure of those schools, and of the authority in respect of those schools, in relation to migrant education provided at those schools; and

(B) an amount equal to the amount determined by the Minister under paragraph (7)(d) in relation to the school system is applied in respect of such of those schools as are schools in need of short-term emergency assistance in relation to recurrent expenditure of those last-mentioned schools;

(ii) the authority will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(A) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the relevant payment has been applied as required by sub-paragraph (i); and

(B) a statement in writing that contains such information in respect of recurrent expenditure of the systemic schools in the school system, and of the authority in respect of those schools, and such other financial and statistical information in respect of those schools and that authority, as is required by the Minister to be so furnished;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

Grants for recurrent expenditure of non-systemic schools.

15. (1) In this section, except where the contrary intention appears, “list of non-systemic schools” means the list prepared in accordance with sub-section 17(1) of the States Grants (Schools) Act 1976, being that list as varied before the commencing day under sub-section 17(2) of that Act.

(2) The Minister may, from time to time, vary the list of non-systemic schools for the purpose of adding to it non-systemic schools that come into existence (whether upon ceasing to be systemic schools or otherwise), or the existence of which first becomes known to the Minister, and the Minister shall, in making such a variation, specify, in respect of each such school, the level at which assistance is to be provided under this Act for the school in respect of recurrent expenditure in respect of the year to which this Act applies, being a level of assistance set out in column 1 of Schedule 4.

(3) The Minister shall, in determining the level at which assistance is to be provided under this Act for a non-systemic school referred to in sub-section (2) in respect of recurrent expenditure in respect of the year to which this Act applies, have regard to the needs of the school for assistance under this Act in respect of recurrent expenditure in respect of the year to which this Act applies.

(4) The Minister may, having regard to any change in the needs of a non-systemic school in respect of recurrent expenditure, vary the list of non-systemic schools by specifying in respect of that school a different level at which assistance is to be provided for the school in respect of recurrent expenditure in respect of the year to which this Act applies, being a level of assistance set out in column 1 of Schedule 4.

(5) The Minister may vary the list of non-systemic schools for the purpose of correcting clerical errors or making alterations of a formal kind.

(6) The Minister shall cause a copy of any variation made under sub-section (2), (4) or (5) of the list of non-systemic schools to be published in the Gazette.

(7) The Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies of a non-systemic school in the State, of such amounts as the Minister determines, being amounts which do not exceed, in the aggregate, the sum of the following amounts:—

(a) an amount equal to the product of the amount specified in column 2 of Schedule 4 opposite to the level specified in the list of non-systemic schools in relation to the school and the number of students receiving primary education at the school on the date (in paragraph (b) referred to as the “census date”) that is the schools census date for that State or is such other date as the Minister, in special circumstances, determines in relation to the school;

(b) an amount equal to the product of the amount specified in column 3 of Schedule 4 opposite to the level specified in the list of non-systemic schools in relation to the school and the number of students receiving secondary education at the school on the census date;

(c) an amount equal to such amount as the Minister, subject to section 16, determines to be the amount of assistance to be provided for the school in respect of recurrent expenditure in respect of the year to which this Act applies in relation to migrant education provided at the school;

(d) if the school is a school in need of short-term emergency assistance, an amount equal to such amount as the Minister, subject to section 17, determines to be the amount of additional assistance to be provided for the school in respect of recurrent expenditure in respect of the year to which this Act applies;

(e) if primary education or secondary education is provided at the school for part-time students as well as for full-time students, an amount equal to such amount (if any) as the Minister determines to be the amount of assistance to be provided for the school in respect of recurrent expenditure in respect of the year to which this Act applies in connexion with those part-time students.

(8) The financial assistance to a State constituted by a payment of moneys under sub-section (7) in respect of recurrent expenditure in respect of the year to which this Act applies of a non-systemic school in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment in respect of that school made out of moneys provided to the State by the Commonwealth under sub-section (7);

(i) the authority will ensure that an amount equal to the relevant payment is (within a period of 6 months after the payment is made or within such further period as the Minister allows) applied for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies of the school, and, in particular, will ensure that an amount equal to the amount determined by the Minister under paragraph (7)(c) in relation to the school is applied in respect of recurrent expenditure of the school in relation to migrant education provided at the school;

(ii) the authority will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(A) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the relevant payment has been applied as required by sub-paragraph (i); and

(B) a statement in writing that contains such information in respect of recurrent expenditure of the school, and such other financial and statistical information in respect of the school, as is required by the Minister to be so furnished;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

Limits on grants for migrant education provided at non-government schools.

16. The amounts determined by the Minister under paragraph 14(7)(c) in respect of approved school systems in a State, and the amounts determined by the Minister under paragraph 15(7)(c) in respect of non-systemic schools in the State, shall not exceed, in the aggregate, the amount specified in column 3 of Schedule 3 opposite to the name of the State.

Limit on additional grants for schools in need of short-term emergency assistance.

17. The amounts determined by the Minister under paragraph 14(7)(d) in respect of approved school systems, and the amounts determined by the Minister under paragraph 15(7)(d) in respect of non-systemic schools, shall not exceed, in the aggregate, $844,000.

PART IV—GRANTS FOR DISADVANTAGED SCHOOLS AND IN RESPECT OF DISADVANTAGED COUNTRY AREAS

Grants for expenditure in connection with government disadvantaged schools.

18. (1) Subject to sub-section (2) and to section 19, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of expenditure in connexion with government disadvantaged schools in the State, of such amounts as the Minister determines.

(2) The Minister shall not authorize the payment of an amount to a State under sub-section (1) unless the Minister is satisfied that the amount will not be applied for the purpose of meeting capital expenditure except in connexion with commitments already undertaken or to be undertaken not later than 31 December 1977.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (1) (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) the relevant financial assistance will, as soon as is practicable, be applied by the State for the purpose of meeting expenditure in connexion with government disadvantaged schools in the State, being expenditure that—

(i) is recurrent expenditure in respect of the year to which this Act applies; or

(ii) is capital expenditure in connexion with a project the total expenditure in connexion with which is or will be less than $20,000, or is a project that is approved by the Minister for the purposes of this sub-paragraph;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

Limits on grants under sub-section 18 (1).

19. The Minister shall not authorize payments to a State under sub-section 18(1) that exceed, in the aggregate, the amount specified in column 2 of Schedule 5 opposite to the name of the State.

Grants for expenditure of systemic disadvantaged schools.

20. (1) Subject to sub-section (2) and to section 22, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of expenditure of an approved school system in the State in connexion with any systemic disadvantaged school or schools in that school system, of such amounts as the Minister determines.

(3) The financial assistance to a State constituted by a payment of money under sub-section (1) in respect of expenditure of an approved school system in the State in connexion with any systemic disadvantaged school or schools in the school system (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the. approved authority of the school system an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment made out of moneys provided to the State by the Commonwealth under sub-section (1);

(b) the payment (in this paragraph referred to as the “relevant payment”) to the approved authority, will not be made unless the authority, before or at the time of accepting the payment, agrees with the State to be bound by the following conditions:—

(i) the authority will ensure that an amount equal to the relevant payment is (within a period of 6 months after the payment is made or within such further period as the Minister allows) applied for the purpose of meeting expenditure of that systemic disadvantaged school or those systemic disadvantaged schools, and of the authority in respect of that school or those schools, in such proportions as the Minister determines, being expenditure that—

(A) is recurrent expenditure in respect of the year to which this Act applies; or

(B) is capital expenditure in connexion with a minor project approved by the Minister for the purposes of this sub-paragraph;

(ii) the authority will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(A) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the relevant payment has been applied as required by sub-paragraph (i); and

(B) a statement in writing that contains such information in respect of any systemic disadvantaged school or schools in the school system as is required by the Minister to be so furnished;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

Grants for expenditure of non-systemic disadvantaged schools.

21. (1) Subject to sub-section (2) and to section 22, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to a State in respect of expenditure of a non-systemic disadvantaged school in the State, of such amounts as the Minister determines.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of expenditure of a non-systemic disadvantaged school in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment in respect of the school made out of moneys provided to the State by the Commonwealth under sub-section (1);

(A) is recurrent expenditure in respect of the year to which this Act applies; or

(B) is capital expenditure in connexion with a minor project approved by the Minister for the purposes of this sub-paragraph;

(ii) the authority will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(A) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the relevant payment has been applied for the purpose referred to in sub-paragraph (i); and

(B) a statement in writing that contains such information in respect of the school as is required by the Minister to be so furnished;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

Limits on grants under sub-sections 20(1) and 21(1).

22. The Minister shall not authorize payments to a State under sub-sections 20(1) and 21(1) that exceed, in the aggregate, the amount specified in column 3 of Schedule 5 opposite to the name of the State.

Grants for expenditure in connexion with education of students receiving primary education or secondary education in disadvantaged country areas.

23. (1) Subject to sub-section (2) and to section 24, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of expenditure in connexion with the education of students receiving primary education or secondary education in disadvantaged country areas in the State, of such amounts as the Minister determines.

(a) the relevant financial assistance will, as soon as is practicable, be applied by the State for the purpose of meeting expenditure in connexion with the education of students receiving primary education or secondary education in disadvantaged country areas in the State, being expenditure that—

(i) is recurrent expenditure in respect of the year to which this Act applies; or

(ii) is capital expenditure in connexion with a project the total expenditure in connexion with which is or will be less than $20,000, or is a project which is approved by the Minister for the purposes of this sub-paragraph;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

Limits on grants under sub-section 23(1).

24. The Minister shall not authorize payments to a State under sub-section 23(1) that exceed, in the aggregate, the amount specified in column 4 of Schedule 5 opposite to the name of the State.

PART V—GRANTS IN RESPECT OF SPECIAL SCHOOLS AND RESIDENTIAL INSTITUTIONS

Grants for recurrent expenditure in connexion with government special schools.

25. (1) Subject to sub-section 27 (1), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies in connexion with government special schools in the State, of such amounts as the Minister determines.

(b) the State will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

Grants for recurrent expenditure of non-government special schools.

26. (1) Subject to sub-section 27(2), the Minister may authorize the payment to a State under this sub-section by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies of a non-government special school in the State, of such amounts as the Minister determines.

(2) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of recurrent expenditure in respect of the year to which this Act applies of a non-government special school in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment made out of moneys provided to the State by the Commonwealth under sub-section (1);

(ii) the authority will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

Limits on grants under sub-sections 25(1) and 26(1).

27. (1) The Minister shall not authorize payments to a State under sub-section 25(1) that exceed, in the aggregate, the amount specified in column 2 of Schedule 6 opposite to the name of the State.

(2) The Minister shall not authorize payments to a State under sub-section 26(1) that exceed, in the aggregate, the amount specified in column 3 of Schedule 6 opposite to the name of the State.

(3) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (5), the Commonwealth Education Minister may, at the request of the State Education Ministers for 2 or more States, direct that—

(a) this Act has effect as if the amounts specified in column 2 of Schedule 6 opposite to the names of those States were varied in accordance with the direction; or

(b) this Act has effect as if the amounts specified in column 3 of Schedule 6 opposite to the names of those States were varied in accordance with the direction,

and, where the Commonwealth Education Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-sections (4) and (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(4) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (5), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act has effect as if the amounts specified in columns 2 and 3 of Schedule 6 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this sub-section and subsections (3) and (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(5) A direction given under sub-section (3) or (4) shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in columns 2, 3 and 4 of Schedule 6 opposite to the names of the States is greater or less than the total specified at the foot of column 5 of that Schedule.

(6) As soon as practicable after the Minister has given a direction under sub-section (3) or (4), he shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.

Grants for expenditure in connexion with the education of children in residential institutions.

28. (1) Subject to section 29, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in connexion with the education of children residing in residential institutions in the State, of such amounts as the Minister determines.

(a) the relevant financial assistance will, as soon as is practicable, be applied by the State for the purpose of meeting recurrent expenditure in connexion with the education of children residing in residential institutions in the State;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

Limits on grants under sub-section 28(1).

29. The Minister shall not authorize payments to a State under sub-section 28(1) that exceed, in the aggregate, the amount specified in column 4 of Schedule 6 opposite to the name of the State.

PART VI—GRANTS IN RESPECT OF EDUCATION DEVELOPMENT AND SERVICES

Definitions.

30. In this Part—

“approved education centre” means an education centre approved by the Minister under section 34;

“approved development and service activity”, in relation to a State, means—

(a) in-service teacher training in the State;

(b) enquiring into the feasibility of providing support services for government schools and non-government schools in the State, and the planning of support services; or

(c) an activity the purpose of which is to improve communication and understanding between teachers at government and non-government schools in the State, other persons employed at, or associated with, the administration of those schools, and pupils, and parents of pupils, at, and other members of the community interested in education at, those schools;

“education centre” means a body corporate, or a body of persons that the Minister is satisfied will become a body corporate during the year to which this Act applies—

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

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

“in-service teacher training” means teacher training of persons in employment as teachers at government schools and nongovernment schools.

Grants for recurrent expenditure in connexion with approved development and service activities.

31. (1) Subject to sub-section 33(1), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies in connexion with approved development and service activities in the State, of such amounts as the Minister determines.

(a) the relevant financial assistance will, as soon as is practicable, be applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with approved development and service activities in the State, being activities which are conducted (in whole or in part) during the year to which this Act applies;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the amount of the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

Grants for recurrent expenditure in connexion with the remuneration or replacement of teachers attending approved development and service activities.

32. (1) Subject to sub-section 33(2), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies in connexion with the remuneration of teachers attending approved development and service activities in the State (being activities that involve full-time attendance or substantial part-time attendance, being full-time or part-time attendance that is, or is the equivalent of, full-time attendance extending over a period of not less than 2 weeks), or the replacement of teachers attending approved development and service activities of that kind, of such amounts as the Minister determines.

(2) The financial assistance to a State constituted by a payment of moneys under sub-section (1) (in this section referred to as the “relevant financial assistance”) is granted on the conditions that—

(i) the remuneration of teachers attending, during the year to which this Act applies, approved development and service activities in the State, being activities—

(A) that are activities that involve full-time attendance or substantial part-time attendance, being full-time or part-time attendance that is, or is the equivalent of, full-time attendance extending over a period of not less than 2 weeks or are activities approved by the Minister; and

(B) participation in which is not restricted to teachers at government schools or to teachers at non-government schools; or

(ii) the replacing of teachers during any period when they are so attending approved development and service activities of that kind except where expenditure in connexion with the remuneration of those teachers in respect of that period has been or is to be met (in whole or in part) out of the relevant financial assistance or out of other financial assistance constituted by a payment of moneys to the State under sub-section (1);

(b) the State will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the relevant financial assistance has been applied for the purpose referred to in paragraph (a), being a certificate that specifies the amount so applied in respect of teachers, and the replacing of teachers, from government schools and the amount so applied in respect of teachers, and the replacing of teachers, from non-government schools; and

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

(3) In this section, “teacher” includes—

(a) any person employed at a school and any person associated with the administration of a school or a school system, including a government school system; and

(b) any person included in a class of persons declared by the Minister to be a class of persons to be treated as teachers for the purposes of this section.

Limits on grants under sub-sections 31(1) and 32(1).

33. (1) The Minister shall not authorize payments to a State under sub-section 31(1) that exceed, in the aggregate, the amount specified in column 2 of Schedule 7 opposite to the name of the State.

(2) The Minister shall not authorize payments to a State under sub-section 32(1) that exceed, in the aggregate, the amount specified in column 3 of schedule 7 opposite to the name of the State.

(a) this Act has effect as if the amounts specified in column 2 of Schedule 7 opposite to the names of those States were varied in accordance with the direction; or

(b) this Act has effect as if the amounts specified in column 3 of Schedule 7 opposite to the names of those States were varied in accordance with the direction,

and, where the Commonwealth Education Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-sections (4) and (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(4) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (5), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act has effect as if the amounts specified in columns 2 and 3 of Schedule 7 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this sub-section and sub-sections (3) and (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(5) A direction given under sub-section (3) or (4) shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in columns 2 and 3 of Schedule 7 opposite to the names of the States is greater or less than the total specified at the foot of column 4 of that Schedule.

Approval of education centres.

34. Where the Minister is satisfied that—

(a) the membership of an education centre is not restricted to teachers or to teachers of a particular kind and the centre provides opportunities for parents of students at schools, and other persons interested in education, to take part in and to assist in, activities of the centre; or

(b) an education centre was an approved education centre for the purposes of Part VI of the States Grants (Schools) Act 1976,

the Minister may approve the education centre for the purposes of this Act.

Approval of building projects and equipment projects in connexion with approved education centres.

35. For the purposes of section 36, the Minister may approve building projects and equipment projects in connexion with approved education centres.

Grants for building projects and equipment projects in connexion with approved education centres.

36. (1) Subject to sub-section (2) and to section 37, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of a project approved under section 35, of such amounts as the Minister determines.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of a building project or equipment project in connexion with an approved education centre in the State (in this section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the governing body of the centre an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the centre as a payment in respect of that project made out of moneys provided to the State by the Commonwealth under sub-section (1);

(b) the payment (in this paragraph referred to as the “relevant payment”) to the governing body will not be made unless the governing body, before or at the time of accepting the payment agrees with the State to be bound by the following conditions: —

(i) the governing body will ensure that an amount equal to the relevant payment is (within a period of 6 months after the payment is made or within such further period as the Minister allows) applied for the purpose of meeting expenditure in respect of that project;

(ii) the governing body will cause to be furnished to the Minister (within a period of 3 months after the date of completion of the project or within such further period as the Minister allows) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the relevant payment has been applied for the purpose referred to in sub-paragraph (i);

(iii) such other conditions (if any) as are specified in the approval of the project under section 35;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

(d) if the governing body of the approved education centre does not fulfil any condition to which, by virtue of paragraph (b), the governing body has agreed, the State will repay to the Commonwealth an amount equal to so much of the relevant financial assistance as is equal to any amount repaid to the State by, or recovered by the State from, the governing body.

Limit on grants under sub-section 36(1).

37. The Minister shall not authorize payments to the States under sub-section 36(1) that exceed, in the aggregate, $330,000.

Grants for recurrent expenditure of approved education centres.

38. (1) Subject to section 39, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies of an approved education centre in the State, of such amounts as the Minister determines.

(2) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of recurrent expenditure in respect of the year to which this Act applies of an approved education centre in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay the governing body of the centre an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the governing body as a payment made out of moneys provided to the State by the Commonwealth under sub-section (1);

(b) The payment (in this paragraph referred to as the “relevant payment”) to the governing body will not be made unless the governing body, before or at the time of accepting the payment, agrees with the State to be bound by the following conditions:—

(ii) the governing body will cause to be furnished to, the Minister (not later than 30 June 1978 or such later date as the Minister approves)—

(B) a statement in writing that contains such information in respect of the centre as is required by the Minister to be so furnished;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

Limit on grants under sub-section 38(1).

39. The Minister shall not authorize payments to the States under sub-section 38(1) that exceed, in the aggregate, $1,190,500.

PART VII—GRANTS FOR SPECIAL PROJECTS

Approval of special projects.

40. Where—

(a) a project is being, or is to be, carried out in Australia with the sole or principal object of promoting change or innovation in, or in any matter relating to, primary or secondary education in Australia; and

(b) the Minister is satisfied that the project is special in some respect and that it is desirable that assistance in connexion with the project be provided under this Part,

the Minister may approve the project for the purposes of this Part.

Grants to States in respect of approved special projects.

41. (1) Subject to sub-section (2) of this section and to section 42, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State, in respect of a project that is being, or is to be, carried out by or in the State and has been approved by the Minister under section 40 (including a project that is being, or is to be carried out in conjunction with, or as part of, a project that is being, or is to be, carried out by or in another State or by the Commonwealth or in a Territory), of such amounts as the Minister determines.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of a project (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) the relevant financial assistance will, without undue delay, be applied by the State for the purpose of carrying out the project or for the purpose of enabling the project to be carried out;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1978 or such later date as the Minister approves) a certificate by an authorized person to the effect that he has satisfied himself that the relevant financial assistance has been applied for the purpose referred to in sub-paragraph (a); and

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance the State will repay to the Commonwealth an amount equal to the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

Limit on grants under sub-section 41(1).

42. The Minister shall not authorize payments under sub-section 41(1) that exceed, in the aggregate, $4,260,000.

PART VIII—MISCELLANEOUS

Minister may fix amounts, and times of payments, of financial assistance.

43. Financial assistance payable to a State under this Act shall be paid in such amounts, and at such times, as the Minister determines in accordance with arrangements approved by the Treasurer.

Repayment of amounts by a State to the Commonwealth.

44. An amount repayable by a State to the Commonwealth in accordance with any condition provided for in this Act is a debt due by the State to the Commonwealth.

Advances.

45. The Minister may, with the concurrence of the Treasurer, make arrangements for the making to a State, by way of financial assistance to the State, of advances on account of an amount that is expected to become payable under this Act to the State, and the conditions that would be applicable to a payment of the amount are applicable to any such advance.

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

46. Payments to a State under this Act may be made out of—

(a) in the case of payments under section 5, 6, 9, 10 or 36, and advances under section 45 on account of payments of that kind— the Consolidated Revenue Fund or the Loan Fund; or

(b) in any other case—the Consolidated Revenue Fund.

Authority to borrow.

47. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts that may become payable to the States under sections 5, 6, 9, 10 and 36 of this Act.

Application of moneys borrowed.

48. Moneys borrowed under section 47 shall be issued and applied only for the expenses of borrowing and—

(a) for the purpose of making payments to the States under sections 5, 6, 9,10 and 36;

(b) for the purpose of making advances under section 45 on account of payments of that kind; and

Reimbursement of Consolidated Revenue Fund from Loan Fund.

49. (1) Where a payment under section 5, 6, 9, 10 or 36, or an advance under section 45 on account of a payment of that kind, has been made out of the Consolidated Revenue Fund, the Treasurer may authorize the payment to the Consolidated Revenue Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(2) In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Treasurer under section 49 or 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

Appropriation.

50. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

Delegation by Minister.

51. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to the Schools Commission, or to a full-time member, or to fulltime members, of the Commission, any of the Minister’s powers under this Act, other than—

(a) this power of delegation;

(b) his power to authorize payments to a State under this Act; or

(c) his powers under sub-sections 7(2) and (3) and 14(2), (4) and (5), paragraphs 14(7)(c), (d) and (e), sub-sections 15(2), (4) and (5), paragraphs 15(7)(c), (d) and (e), sub-sections 27(3) and (4) and 33(3) and (4) and sections 43 and 45.

(2) A power so delegated, when exercised by the delegate or delegates, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

Determinations, &c., to be in writing.

52. Any declaration, approval, authorization, determination, direction, information or notification made, given or entered into under this Act shall be made, given or entered into by instrument in writing.

Report by Minister.

53. The Minister shall, as soon as practicable after 30 June 1978, cause a report with respect to the financial assistance granted, and other payments authorized, by the Minister under this Act, and with respect to the application of that financial assistance and those payments, to be laid before each House of the Parliament.

Regulations.

54. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

SCHEDULE 1 Sections 7 and 13

GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS AND RECURRENT EXPENDITURE

Column 1	Column 2	Column 3	Column 4
Name of State	Building and Equipment Projects	Recurrent Expenditure	Totals
	$	$	$
New South Wales.............................	26,982,000	70,633,000	97,615,000
Victoria...................................	23,610,500	56,291,500	79,902,000
Queensland.................................	18,859,000	19,514,000	38,373,000
South Australia..............................	8,339,000	17,744,500	26,083,500
Western Australia.............................	7,202,500	14,413,000	21,615,500
Tasmania..................................	2,267,500	5,592,500	7,860,000
Totals................................	87,260,500	184,188,500	271,449,000

SCHEDULE 2 Section 11

NON-GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS

Column 1	Column 2
Name of State	Amounts
	$
New South Wales..................................................	4,497,000
Victoria.........................................................	4,475,500
Queensland......................................................	1,861,500
South Australia....................................................	903,500
Western Australia..................................................	882,000
Tasmania........................................................	400,500
Total.....................................................	13,020,000

SCHEDULE 3 Sections 12(2)(a) and 16

RECURRENT EXPENDITURE-MIGRANT EDUCATION

Column 1	Column 2	Column 3	Column 4
Name of State	Government schools	Non-government schools	Totals
	$	$	$
New South Wales..........................	5,933,000	2,031,000	7,964,000
Victoria................................	8,579,000	2,442,000	11,021,000
Queensland..............................	492,000	95,500	587,500
South Australia...........................	1,338,000	855,500	2,193,500
Western Australia.........................	534,500	1,198,500	1,733,000
Tasmania...............................	327,500	11,500	339,000
Totals.............................	17,204,000	6,634,000	23,838,000

SCHEDULE 4 Sections 14 and 15

RECURRENT EXPENDITURE—LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SCHOOLS

Column 1	Column 2	Column 3
Level of Assistance	Amount per primary school student	Amount per secondary school student
	$	$
1..................................................	88	137
2..................................................	117	187
3..................................................	147	236
4..................................................	176	286
5..................................................	205	336
6..................................................	241	385

SCHEDULE 5 Sections 19, 22 and 24

DISADVANTAGED SCHOOLS AND DISADVANTAGED COUNTRY AREAS

Column 1	Column 2	Column 3	Column 4	Column 5
Name of State	Disadvantaged government schools	Disadvantaged non-government schools	Disadvantaged country areas	Totals
	$	$	$	$
New South Wales.............	5,565,000	885,000	1,114,500	7,564,500
Victoria...................	5,729,000	1,048,500	633,500	7,411,000
Queensland.................	1,605,500	142,000	917,500	2,665,000
South Australia..............	1,573,000	207,500	300,500	2,081,000
Western Australia............	917,500	114,500	639,000	1,671,000
Tasmania..................	327,500	49,000	218,500	595,000
Totals................	15,717,500	2,446,500	3,823,500	21,987,500

SCHEDULE 6 Sections 27 and 29

SPECIAL SCHOOLS AND RESIDENTIAL INSTITUTIONS

Column 1	Column 2	Column 3	Column 4	Column 5
Name of State	Government special schools	Non-government special schools	Residential Institutions	Totals
	$	$	$	$
New South Wales...............	3,419,000	1,338,000	382,500	5,139,500
Victoria.....................	2,578,000	1,141,500	306,000	4,025,500
Queensland...................	1,409,000	622,500	169,500	2,201,000
South Australia................	1,048,500	98,500	104,000	1,251,000
Western Australia...............	895,500	136,500	93,000	1,125,000
Tasmania....................	371,500	..	38,000	409,500
Totals..................	9,721,500	3,337,000	1,093,000	14,151,500

SCHEDULE 7 Section 33

DEVELOPMENT AND SERVICE ACTIVITIES

Column 1	Column 2	Column 3	Column 4
Name of State	Approved development and service activities	Teacher remuneration and teacher replacement	Totals
	$	$	$
New South Wales..........................	2,550,500	2,911,000	5,461,500
Victoria................................	2,119,000	2,414,000	4,533,000
Queensland..............................	1,098,000	1,250,500	2,348,500
South Australia...........................	715,500	814,000	1,529,500
Western Australia.........................	611,500	699,000	1,310,500
Tasmania...............................	278,500	322,000	600,500
Totals.............................	7,373,000	8,410,500	15,783,500

Legislation content

Interactions

Authorises

All Versions