States Grants (Schools Assistance) Act 1977 - Legislation

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977

No. 157 of 1977

An Act relating to the grant of financial assistance to the States for and in relation to schools.

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 1977.

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 education centre” means an education centre approved by the Minister under sub-section 4(6);

“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;

“approved service and development activities” means—

(a) in-service teacher training;

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

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

“building” includes part of a building;

“building project” includes—

(a) the investigation of the need for—

(i) schools, or schools of particular kinds, in a State or a part of a State; or

(ii) a building or other facilities;

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

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

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

“certificate by an authorized person”, in relation to a condition contained in a section of this Act that requires a certificate to be furnished by a State to the Commonwealth Education Minister, means a certificate signed by the person authorized by the State Education Minister for the State to sign that certificate;

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

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

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

“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 notifies 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; or

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

“education centre” means a body corporate, or a body of persons that the Minister is satisfied will 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 or non-government schools;

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

“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 a proposed government school at which primary education is to be provided; or

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

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

“government secondary school” means—

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

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

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

“in-service teacher training” means teacher training of persons in employment as teachers at government schools or non-government schools;

“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 a proposed non-government school in a State at which primary education is to be provided; or

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

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

“non-government secondary school” means—

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

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

“non-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 Assistance) Act 1976 or any other Act that came into operation before the commencing day and provided, or provides, for the granting of financial assistance to the States 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 furnished to him by the State Education Minister for the State in relation to the institution or home, declares to be a residential institution for the purposes of this Act;

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

(a) a school or institution at which education is provided at pre-school or kindergarten standard only or a proposed school or institution at which it is proposed that education be 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 specified school or institution in the State is not recognized by the State Education Minister as a school and the Commonwealth Education Minister does not approve the school or institution as a school for the purposes of this Act—that school or institution;

“school in need of short-term emergency assistance” means a school that the Minister declares, under 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, or proposed school, in a State (whether or not it is a school or institution at which primary education or secondary education is provided or proposed to be provided)—

(a) at which special education is provided, or proposed to be provided, for handicapped children; and

(b) that the State Education Minister for the State notifies 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 1978.

(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) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of the definition of “approved authority”, “approved schools system”, “residential institution” or “systemic school” in sub-section 3(1) of the States Grants (Schools Assistance) Act 1976, the declaration shall, upon the commencement of this Act, be deemed to be a declaration made under this Act for the purposes of the definition of “approved authority”, “approved school system”, “residential institution” or “systemic school”, as the case requires, in sub-section (1) of this section.

(6) Where, immediately before the commencing day, a school in a State was a special school within the meaning of the States Grants (Schools Assistance) Act 1976, the State Education Minister for the State shall, upon the commencement of this Act, be deemed to have notified the Commonwealth Education Minister, in writing, for the purposes of the definition of “special school” in sub-section (1) of this section, that the school should, in the opinion of the State Education Minister, be treated as a special school for the purposes of this Act.

(7) For the purposes of this Act—

(a) where moneys have been applied for a purpose, being the purpose of meeting expenditure of a particular kind, the moneys shall not be treated as having been applied for that purpose in pursuance of a condition specified in a section of this Act that requires a State to ensure that an amount is applied for that purpose—

(i) if the moneys have been treated by the State, or will be treated by the State, as having been applied for that purpose in pursuance of a condition specified in another section of this Act that also requires the State to ensure that an amount is applied for that purpose; or

(ii) if the moneys were applied for that purpose in pursuance of a condition subject to which financial assistance was granted to the State under a previous schools assistance Act; and

(b) where moneys have been applied for a purpose, being the purpose of meeting expenditure of a particular kind, the moneys shall not be treated as having been applied for that purpose in pursuance of a condition of a relevant agreement between a State and an approved authority—

(i) if the moneys have been treated by the approved authority, or will be treated by the approved authority, as having been applied for that purpose in pursuance of another condition of that agreement, or of a condition of another relevant agreement between the State and the approved authority, that also requires the approved authority to ensure that an amount is applied for that purpose; or

(ii) if the moneys were applied for that purpose in pursuance of a condition of an agreement between the State and the approved authority, being an agreement made for the purposes of a condition subject to which financial assistance was granted to the State under a previous schools assistance Act.

(8) In sub-section (7)—

(a) a reference to a relevant agreement between a State and an approved authority shall be read as an agreement made between a State and an approved authority for the purposes of the condition specified in paragraph 14(2)(b), 16(8)(b), 17(8)(b), 20(2)(b), 21(2)(b), 23(2)(b) or 34(2)(b); and

(b) a reference to an approved authority shall be read as a reference to an approved authority of a non-government school, an approved authority of an approved school system or a governing body of an approved education centre.

Schools and areas with respect to which special provision made, &c.

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

(2) Where—

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

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

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

(3) As soon as practicable after the commencement of this Act, the Commonwealth Education Minister shall determine, in relation to each State, the number of students that is, for the purposes of 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 notify 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 notifies 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-systemic school in a State a substantial number of students from the country; and

(b) the school is, by reason of a decline in enrolment at the school of students of that kind or for any other reason related (in whole or in part) to the enrolment at the school of students of that kind, in special need of short-term emergency assistance,

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

(6) Where the Minister is satisfied that—

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

(7) Where, immediately before the commencing day, a government school in a State was a disadvantaged school within the meaning of the States Grants (Schools Assistance) Act 1976, the State Education Minister for the State shall, upon the commencement of this Act, be deemed to have notified the Commonwealth Education Minister, in writing, under sub-section (1) of this section, that the school should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act.

(8) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of sub-section 4(2) or (4) of the States Grants (Schools Assistance) Act 1976, the declaration shall, upon the commencement of this Act, be deemed to be a declaration made under sub-section (2) or (4) of this section, as the case requires.

(9) For the purposes of this Act, where, immediately before the commencing day, an approval was in force for the purposes of section 34 of the States Grants (Schools Assistance) Act 1976, the approval shall, upon the commencement of this Act, be deemed to be an approval given under sub-section (6) of this section.

PART II—GOVERNMENT SCHOOLS PROGRAMS

Grants for building and equipment projects in connexion with government schools

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

(2) Financial assistance is granted to a State under this section on the conditions that—

(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1978, in relation to building projects and equipment projects in connexion with government primary schools and government secondary schools in the State, other than projects the sole or principal object, or one of the principal objects, of which is to provide housing or other residential accommodation in any capital city for teachers or other staff; and

(b) the State will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and

(ii) a statement, in writing, that specifies—

(a) the projects (not including a project the total expenditure in relation to which was less than $25,000) in relation to which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been applied, the amount so applied in relation to each of those projects and the total of those amounts; and

(b) the amount applied by the State in pursuance of the condition specified in paragraph (a) in relation to projects the total expenditure in relation to each of which was less than $25,000.

(3) Subject to sub-section 3(7), a State may, for the purposes of this section, treat amounts that have been applied by the State, after 30 September 1977 and before the commencement of this Act, for the purpose of meeting expenditure in relation to a building or equipment project in connexion with a government primary or a government secondary school in the State as having been so applied by the State after the commencement of this Act.

Grants for recurrent expenditure in connexion with government schools

6. (1) Subject to section 7, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connexion with government primary schools and government secondary schools in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section on the conditions that—

(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State, according to the respective needs of government primary schools and government secondary schools in the State, for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in connexion with those schools and, in particular, will ensure that such part of that amount as is not less than the amount specified in column 2 of Schedule 2 opposite to the name of the State is 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 or in connexion with those schools; and

(b) the State will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled, being a certificate that specifies the amount applied by the State in pursuance of the condition specified in paragraph (a) for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in relation to migrant education provided at or in connexion with 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 amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.

Limits on grants under sections 5 and 6, &c.

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

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

(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 government disadvantaged schools

8. (1) Subject to section 9, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connexion with government disadvantaged schools in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section on the conditions that—

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

(ii) is capital expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1978, in relation to projects the total expenditure in relation to each of which is, or will be, less than $25,000, or projects that are approved by the Minister for the purpose of this section; and

(b) the State will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and

(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.

Limits on grants under section 8

9. The Minister shall not authorize payments to a State under section 8 that exceed, in the aggregate, the amount specified in column 2 of Schedule 3 opposite to the name of the State.

Grants for recurrent expenditure in connexion with government special schools

10. (1) Subject to section 11, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connexion with government special schools in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section on the conditions that—

(b) the State will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and

(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.

Limits on grants under section 10, &c.

11. (1) The Minister shall not authorize payments to a State under section 10 that exceed, in the aggregate, the amount specified in column 2 of Schedule 4 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 4 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 4 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 4 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this 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 4 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.

Additional condition to which grant of financial assistance under Part subject

12. Financial assistance is granted to a State under a section contained in this Part on the additional condition that, if the State does not fulfil a condition specified in the section, the State will, if the Minister so determines, repay to the Commonwealth such amount (not being an amount greater than the sum of the amounts of financial assistance paid to the State under that section) as the Minister specifies in the determination as the amount that should be repaid by the State.

PART III—NON-GOVERNMENT SCHOOLS PROGRAMS

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

13. (1) For the purposes of section 14, 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 object, or one of the principal objects, of the project is—

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

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

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

14. (1) Subject to section 15, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a project approved under section 13, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of expenditure in relation to a project approved under section 13 (being a building project or an equipment project in connexion with a non-government school in the State) on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to each amount paid to the State under this section in relation to the project, and, in making the payment, will describe the amount paid to the approved authority as a payment in relation to the project made out of moneys provided to the State by the Commonwealth under this section; and

(b) the State will not make a payment to the approved authority under this section in relation to a project unless the approved authority, before or at the time of accepting the first payment under this section in relation to the project, agrees or has agreed with the State to be bound by the following conditions:

(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section in relation to the project is applied for the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1978, in relation to the project;

(ii) the approved authority will cause to be furnished to the Minister (within a period of 3 months after the date of completion of the project or within such further period as the Minister approves) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled;

(iii) the approved authority will comply with such other conditions (if any) as are specified in the approval of the project under section 13;

(iv) if the approved authority does not fulfil a condition specified in sub-paragraph (i), (ii) or (iii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in relation to the project) as the Minister determines should be repaid by the approved authority.

(3) Subject to sub-section 3 (7), an approved authority of a non-government school may, for the purposes of this section, treat amounts that have been applied, before the commencement of this Act, for the purpose of meeting expenditure in relation to a project approved under section 13 as having been so applied after the commencement of this Act.

Limits on grants under section 14, &c.

15. (1) The Minister shall not authorize payments to a State under section 14 that exceed, in the aggregate, the amount specified in column 2 of Schedule 5 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 5 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 5 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.

Grants for recurrent expenditure of systemic schools

16. (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 24 November 1976 under sub-section 14(2) of the States Grants (Schools) Act 1976 and as varied before the commencement of this Act under sub-sections 14 (2), (4) and (5) of the States Grants (Schools Assistance) Act 1976 or, if that list is varied under sub-section (2), (4) or (5) of this section, that list as so varied.

(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 to the school system for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies, being a level of assistance set out in column 1 of Schedule 6.

(3) The Minister shall, in determining the level at which assistance is to be provided under this Act to an approved school system referred to in sub-section (2) for the purpose of meeting 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 for the purpose of meeting 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 relation to 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 to the school system for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies, being a level of assistance set out in column 1 of Schedule 6.

(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) to the list of approved school systems to be published in the Gazette.

(7) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved school system in the State, of such amounts as the Minister determines, being amounts 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 6 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 6 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 18, determines to be the amount of financial assistance to be provided to the school system for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in relation to migrant education provided at systemic schools in the school system;

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

(8) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved school system in the State on the conditions that—

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

(b) the State will not make a payment to the approved authority under this section unless the approved authority, before or at the time of accepting the first payment under this section, agrees or has agreed with the State to be bound by the following conditions:

(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied, according to the respective needs of systemic schools in the school system, for the purpose of meeting recurrent expenditure, in respect of the year to which this 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 such part of that amount as is not less than the amount determined by the Minister under paragraph (7)(c) in relation to the school system is applied, in the proportions so determined by the Minister, for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, of those schools, and the approved authority in respect of those schools, in relation to migrant education provided at those schools;

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and

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

(iii) if the approved authority does not fulfil a condition specified in sub-paragraph (i) or (ii), the authority will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Minister determines should be repaid by the approved authority.

Grants for recurrent expenditure of non-systemic schools

17. (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 24 November 1976 under sub-section 17(2) of the States Grants (Schools) Act 1976 and as varied before the commencement of this Act under sub-sections 15(2), (4) and (5) of the States Grants (Schools Assistance) Act 1976 or, if that list is varied under sub-section (2), (4) or (5) of this section, that list as so varied.

(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 to the school for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies, being a level of assistance set out in column 1 of Schedule 6.

(3) The Minister shall, in determining the level at which assistance is to be provided under this Act to a non-systemic school referred to in sub-section (2) for the purpose of meeting 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 relation to 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 relation to 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 to the school for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies, being a level of assistance set out in column 1 of Schedule 6.

(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) to the list of non-systemic schools to be published in the Gazette.

(7) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non-systemic school in the State, of such amounts as the Minister determines, being amounts 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 6 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 6 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 18, determines to be the amount of assistance to be provided to the school for the purpose of meeting recurrent expenditure, in respect of the year 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 19, determines to be the amount of additional assistance to be provided to the school for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, of the school;

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

(8) Financial assistance is granted to a State under this section in respect of recurrent expenditure of a non-systemic school in the State on the conditions that—

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

(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, of the school, and, in particular, will ensure that such part of that amount as is not less than the amount determined by the Minister under paragraph (7)(c) in relation to the school is applied for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, of the school in relation to migrant education provided at the school;

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and

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

Limits on grants for migrant education provided at nongovernment schools

18. The amounts determined by the Minister under paragraph 16(7)(c) in relation to approved school systems in a State, and the amounts determined by the Minister under paragraph 17(7)(c) in relation to non-systemic schools in the State, shall not exceed, in the aggregate, the amount specified in column 3 of Schedule 2 opposite to the name of the State.

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

19. The amounts determined by the Minister under paragraph 17(7)(d) in relation to non-systemic schools shall not exceed, in the aggregate, $544,000.

Grants for expenditure of systemic disadvantaged schools

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

(2) Financial assistance is granted to a State under this section in respect of expenditure of an approved school system in the State in connexion with any systemic disadvantaged school or schools in the school system on the conditions that—

(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting expenditure in connexion with 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 respect of commitments already undertaken or to be undertaken not later than 31 December 1978, in relation to minor projects approved by the Minister for the purposes of this section;

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; 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;

Grants for expenditure of non-systemic disadvantaged schools

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

(2) Financial assistance is granted to a State under this section in respect of expenditure of a non-systemic disadvantaged school in a State on the conditions that—

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

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

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and

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

Limits on grants under sections 20 and 21

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

Grants for recurrent expenditure of non-government special schools

23. (1) Subject to section 24, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non-government special school in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of a non-government special school in the State on the conditions that—

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

(ii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and

Limits on grants under section 23

24. The Minister shall not authorize payments to a State under section 23 that exceed, in the aggregate, the amount specified in column 3 of Schedule 4 opposite to the name of the State.

Additional conditions to which grant of financial assistance under Part subject

25. Financial assistance granted to a State under a section contained in this Part is granted on the additional conditions that—

(a) if an amount that the approved authority of a non-government school or an approved school system is liable to repay to the State, under a condition of an agreement entered into in accordance with the section, is repaid by the authority to the State, or is recovered by the State from the authority, the State will pay to the Commonwealth an amount equal to that amount; and

(b) if the State does not fulfil a condition specified in the section under which the financial assistance is granted, the State will if the Minister so determines, repay to the Commonwealth such amount (not being an amount greater than the sum of the amounts of financial assistance paid to the State under that section in respect of that non-government school or approved school system) as the Minister specifies in the determination as the amount that should be repaid by the State.

PART IV—JOINT GOVERNMENT AND NON-GOVERNMENT SCHOOLS PROGRAMS

Grants for expenditure in relation to the education of students receiving primary education or secondary education in disadvantaged country areas

26. (1) Subject to section 27, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to the education of students receiving primary education or secondary education in disadvantaged country areas in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section on the conditions that—

(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting expenditure in relation to 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 respect of commitments already undertaken or to be undertaken, not later than 31 December 1978, in relation to projects the total expenditure in relation to each of which is, or will be, less than $25,000, or projects that are approved by the Minister for the purpose of this section; and

(b) the State will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and

(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.

Limits on grants under section 26

27. The Minister shall not authorize payments to a State under section 26 that exceed, in the aggregate, the amount specified in column 4 of Schedule 3 opposite to the name of the State.

Grants for recurrent expenditure in relation to the education of children in residential institutions

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

(2) Financial assistance is granted to a State under this section on the conditions that—

(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year to which this Act applies, in relation to the education of children residing in residential institutions in the State; and

(b) the State will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and

(ii) a statement, in writing, that summarizes the manner in which the amount applies by the State in pursuance of the condition specified in paragraph (a) has been so applied.

Limits on grants under section 28

29. The Minister shall not authorize payments to a State under section 28 that exceed, in the aggregate, the amount specified in column 2 of Schedule 7 opposite to the name of the State.

Grants for recurrent expenditure in relation to approved service and development activities

30. (1) Subject to section 31, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in relation to approved service and development activities, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section on the conditions that—

(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year to which his Act applies, in relation to approved service and development activities, being activities which are conducted (in whole or in part) during the year to which this Act applies; and

(b) the State will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and

(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.

(3) In this section—

(a) a reference to expenditure in relation to approved service and development activities shall be read as including a reference to expenditure in relation to—

(i) the remuneration of teachers attending approved service and development activities, being activities—

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

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

(ii) the replacement of teachers during a period when they are attending approved service and development activities of that kind; and

(b) a reference to a teacher shall be read as including a reference to—

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

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

(4) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of sub-section 32(3) of the States Grants (Schools Assistance) Act 1976, the declaration shall, upon the commencement of this Act, be deemed to be a declaration made under sub-section (3) of this section.

Limits on grants under section 30

31. (1) The Minister shall not authorize payments to a State under section 30 that exceed, in the aggregate, the amount specified in column 2 of Schedule 8 opposite to the name of the State.

(2) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (3), the Commonwealth Education Minister may, at the request of the State Education Ministers for 2 or more States, direct that this Act has effect as if the amounts specified in column 2 of Schedule 8 opposite to the names of those States were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this 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) A direction given under sub-section (2) shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in column 2 of Schedule 8 opposite to the names of the States is greater or less than the total specified at the foot of that column.

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

Grants for recurrent expenditure in relation to the temporary transfer of teachers, &c.

32. (1) Subject to section 33, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in relation to—

(a) the temporary transfer of teachers at government schools or non-government schools to different schools (including schools in a different school system) for the purpose of improving the experience, knowledge or skills, in relation to primary education or secondary education, of those teachers and of persons with whom they come into contact at the schools to which they are transferred; or

(b) programs for assisting parents of pupils at government schools or non-government schools, and other members of the community interested in education at those schools, to improve their experience, knowledge or skills in relation to primary education or secondary education,

of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section on the conditions that—

(i) the temporary transfer of teachers at government schools or non-government schools to different schools (including schools in a different school system) for the purpose of improving the experience, knowledge or skills, in relation to primary education or secondary education, of those teachers and of persons with whom they come into contact at the schools to which they are transferred; and

(ii) programs for assisting parents of pupils at government schools or non-government schools, and other members of the community interested in education at those schools, to improve their experience, knowledge or skills in relation to primary education or secondary education; and

(b) the State will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled; and

(ii) a statement, in writing, that summarizes the manner in which the amount applied by the State in pursuance of the condition specified in paragraph (a) has been so applied.

(3) In this section—

(a) a reference to teachers at government schools or non-government schools shall be read as including a reference to persons other than teachers who are employed at those schools or are employed in connexion with the administration of those schools;

(b) a reference to a school shall be read as including a reference to a body responsible for the administration of schools included in a school system; and

Limit on grants under section 32

33. The Minister shall not authorize payments to the States under section 32 that exceed, in the aggregate, $105,000.

Grants for expenditure of approved education centres

34. (1) Subject to section 35, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to an approved education centre in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of expenditure in relation to an approved education centre in a State on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the governing body of the education centre an amount equal to each amount paid to the State under this section in relation to the education centre, and, in making the payment, will describe the amount paid to the governing body as a payment made out of moneys provided to the State by the Commonwealth under this section;

(b) the State will not make a payment to the governing body under this section unless the governing body, before or at the time of accepting the first payment under this section, agrees or has agreed with the State to be bound by the following conditions:

(i) the governing body will ensure that an amount equal to the sum of the amounts paid to the governing body under this section is applied for the purpose of meeting expenditure in relation to the education centre, being expenditure that—

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

(b) is capital expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1978, in connexion with minor projects approved by the Minister for the purposes of this section;

(ii) the governing body will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves)—

(a) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in sub-paragraph (i) has been fulfilled; and

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

(iii) if the governing body does not fulfil a condition specified in sub-paragraph (i) or (ii), the governing body will, if the Minister so determines, repay to the State such amount (not being an amount greater than the sum of the amounts paid to the governing body under this section) as the Minister determines should be repaid by the governing body; and

(c) if an amount that the governing body is liable to repay to a State, under the condition referred to in sub-paragraph (b)(iii), is repaid by the governing body to the State, or is recovered by the State from the governing body, the State will pay to the Commonwealth an amount equal to that amount.

Limit on grants under section 34

35. The Minister shall not authorize payments to the States under section 34 that exceed, in the aggregate, $1,362,000.

Approval of special projects

36. 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 education or secondary education in Australia; and

(b) the Minister is satisfied that the project is special in some respect and that it is desirable that assistance in connexion with the project be provided under section 37,

the Minister may approve the project for the purposes of section 37.

Grants in relation to approved special projects

37. (1) Subject to section 38, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a project that is being, or is to be, carried out by or in the State and has been approved by him under section 36 (including a project that is being, or is to be, carried out in conjunction with, or as part of, a project that is being, or is to be, carried out by or in another State or by the Commonwealth or in a Territory), of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of expenditure in relation to a project on the conditions that—

(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State, in respect of commitments already undertaken or to be undertaken not later than 31 December 1978, for the purpose of meeting expenditure in relation to the project; and

(b) the State will cause to be furnished to the Minister (not later than 30 June 1979 or such later date as the Minister approves) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph (a) has been fulfilled.

Limit on grants under section 37

38. The Minister shall not authorize payments to the States under section 37 that exceed, in the aggregate, $3,771,500.

Additional condition to which grant of financial assistance under Part subject

39. Financial assistance is granted to a State under a section contained in this Part on the additional condition that, if the State does not fulfil a condition specified in the section (not being, in the case of section 34, the condition specified in paragraph (2)(c) of that section), the State will, if the Minister so determines, repay to the Commonwealth such amount (not being an amount greater than the sum of the amounts of financial assistance paid to the State under that section) as the Minister specifies in the determination as the amount that should be repaid by the State.

PART V—MISCELLANEOUS

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

40. 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

41. 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

42. 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

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

(a) in the case of payments under section 5 or 14, and advances under section 42 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

44. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts that may become payable to the States under sections 5 and 14 of this Act.

Application of moneys borrowed

45. Moneys borrowed under section 44 shall be issued and applied only for the expenses of borrowing and—

(a) for the purpose of making payments to the States under sections 5 and 14;

(b) for the purpose of making advances under section 42 on account of payments of that kind; and

Reimbursement of Consolidated Revenue Fund from Loan Fund

46. (1) Where a payment under section 5 or 14, or an advance under section 42 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 and 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

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

Delegation by Minister

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

(a) this power of delegation;

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

(c) his powers under sub-sections 7(3) and (4), 11(2) and (3), section 12, sub-sections 16(2), (4) and (5), paragraphs 16(7)(c) and (d), sub-sections 17(2), (4) and (5), paragraphs 17(7)(c), (d) and (e), section 25, sub-section 31(2) and sections 39, 40 and 42.

(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.

Determination, &c., to be in writing, &c.

49. Any declaration, approval, authorization, determination, direction or notification made or given under this Act shall be made or given by instrument in writing and any declaration, approval, authorization, determination, direction or notification so made or given, or deemed to be so made or given, may be varied or revoked by instrument in writing by the person authorized to make or give the relevant declaration, approval, authorization, determination, direction or notification.

Report by Minister

50. The Minister shall, as soon as practicable after 30 June 1979, 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

51. 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.

PART VI—AMENDMENT OF STATES GRANTS (SCHOOLS) ACT 1972

Schedule

52. The Schedule to the States Grants (Schools) Act 1972 is repealed and the Schedule set out in Schedule 9 to this Act is substituted.

PART VII—AMENDMENTS OF STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1976

Principal Act

53. The States Grants (Schools Assistance) Act 1976 is in this Part referred to as the Principal Act.

Limit on grants under sub-section 36(1)

54. Section 37 of the Principal Act is amended by omitting “$345,000”and substituting “$358,500”.

Limit on grants under sub-section 38(1)

55. Section 39 of the Principal Act is amended by omitting “$1,210,500” and substituting “$1,259,500”.

Limit on grants under sub-section 41(1)

56. Section 42 of the Principal Act is amended by omitting “$4,331,500” and substituting “$4,507,000”.

Schedules

57. The Schedules to the Principal Act are repealed and the Schedules set out in Schedule 10 to this Act are substituted.

Directions under Principal Act

58. A direction given under sub-section 7(3) or 27(4) of the Principal Act and in force immediately before the commencement of this Act shall, by force of this section, cease to have effect upon the commencement of this Act, but this section shall not be taken to affect the previous operation of the direction.

SCHEDULE 1 Section 7

GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS AND RECURRENT EXPENDITURE

Column 1	Column 2	Column 3	Column 4
Name of State	Building and equipment projects	Recurrent expenditure	Totals
	$	$	$
New South Wales.....................	34,842,500	75,254,000	110,096,500
Victoria............................	30,237,500	57,630,000	87,867,500
Queensland..........................	23,224,500	19,899,500	43,124,000
South Australia.......................	10,783,500	18,508,000	29,291,500
Western Australia.....................	9,907,000	14,663,500	24,570,500
Tasmania...........................	3,199,000	5,789,500	8,988,500
Totals........................	112,194,000	191,744,500	303,938,500

SCHEDULE 2 Sections 6(2)(a) and 18

RECURRENT EXPENDITURE—MIGRANT EDUCATION

Column 1	Column 2	Column 3	Column 4
Name of State	Government schools	Non-government schools	Totals
	$	$	$
New South Wales.....................	6,330,000	2,476,000	8,806,000
Victoria............................	8,374,000	2,731,000	11,105,000
Queensland..........................	648,500	200,000	848,500
South Australia.......................	1,653,000	877,500	2,530,500
Western Australia.....................	726,000	1,203,500	1,929,500
Tasmania...........................	337,500	13,500	351,000
Totals........................	18,069,000	7,501,500	25,570,500

SCHEDULE 3 Sections 9, 22 and 27

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........	5,929,000	943,000	1,188,000	8,060,000
Victoria...............	6,103,000	1,117,000	674,500	7,894,500
Queensland.............	1,711,000	152,000	978,500	2,841,500
South Australia..........	1,675,500	221,000	320,500	2,217,000
Western Australia........	977,500	121,500	681,000	1,780,000
Tasmania..............	349,000	52,500	232,500	634,000
Totals...........	16,745,000	2,607,000	4,075,000	23,427,000

SCHEDULE 4 Sections 11 and 24

SPECIAL SCHOOLS

Column 1	Column 2	Column 3	Column 4
Name of State	Government special schools	Non-government special schools	Totals
	$	$	$
New South Wales....................	4,151,000	916,500	5,067,500
Victoria...........................	2,788,000	1,173,500	3,961,500
Queensland.........................	1,500,500	663,000	2,163,500
South Australia......................	1,118,000	105,000	1,223,000
Western Australia....................	954,500	145,500	1,100,000
Tasmania..........................	395,000		395,000
Totals.......................	10,907,000	3,003,500	13,910,500

SCHEDULE 5 Section 15

NON-GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS

Column 1	Column 2
Name of State	Amounts
	$
New South Wales.............................................	8,084,000
Victoria....................................................	7,860,000
Queensland.................................................	3,771,500
South Australia...............................................	1,647,000
Western Australia.............................................	1,946,000
Tasmania...................................................	618,000
Total.................................................	23,926,500

SCHEDULE 6 Sections 16 and 17

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...........................................	119	182
2...........................................	152	238
3...........................................	169	266
4...........................................	202	322
5...........................................	237	379
6...........................................	278	434

SCHEDULE 7 Section 29

RESIDENTIAL INSTITUTIONS

Column 1	Column 2
Name of State	Amounts
	$
New South Wales.............................................	406,500
Victoria....................................................	326,000
Queensland.................................................	180,000
South Australia...............................................	110,000
Western Australia.............................................	99,500
Tasmania...................................................	41,000
Total.................................................	1,163,000

SCHEDULE 8 Section 31

SERVICE AND DEVELOPMENT ACTIVITIES

Column 1	Column 2
Name of State	Amounts
	$
New South Wales.............................................	4,980,500
Victoria....................................................	4,042,000
Queensland.................................................	2,089,000
South Australia...............................................	1,337,000
Western Australia.............................................	1,194,500
Tasmania...................................................	433,500
Total.................................................	14,076,500

SCHEDULE 9 Section 52

New Schedule to be inserted in the States Grants (Schools) Act 1972

SCHEDULE Section 8

LIMITS OF GRANTS FOR CAPITAL EXPENDITURE

Column 1	Column 2	Column 3	Column 4
Name of State	Maximum Grants for Capita) Expenditure for Government Schools	Maximum Grants for Capital Expenditure for Non-Government Schools	Total Maximum Grants
	$	$	$
New South Wales.....................	68,197,000	20,176,000	88,373,000
Victoria............................	52,573,000	17,663,500	70,236,500

SCHEDULE 9—continued

Column 1	Column 2	Column 3	Column 4
Name of State	Maximum Grants for Capital Expenditure for Government Schools	Maximum Grants for Capital Expenditure for Non-Government Schools	Total Maximum Grants
	$	$	$
Queensland.........................	26,573,500	8,207,500	34,781,000
South Australia......................	20,529,000	3,420,000	23,949,000
Western Australia....................	15,623,000	3,986,000	19,609,000
Tasmania..........................	6,955,000	1,250,500	8,205,500
Totals.......................	190,450,500	54,703,500	245,154,000

SCHEDULE 10 Section 57

New Schedules to be inserted in the States Grants (Schools Assistance) Act 1976

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.....................	29,307,500	74,727,500	104,035,000
Victoria............................	25,645,000	59,554,500	85,199,500
Queensland..........................	20,784,500	20,345,500	41,130,000
South Australia.......................	9,058,000	18,773,000	27,831,000
Western Australia.....................	8,023,500	15,048,000	23,071,500
Tasmania...........................	2,463,000	5,916,500	8,379,500
Totals........................	95,281,500	194,365,000	289,646,500

SCHEDULE 2 Section 11

NON GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS

Column 1	Column 2
Name of State	Amounts
	$
New South Wales.............................................	4,884,500
Victoria....................................................	4,861,000

SCHEDULE 10—continued

Column 1	Column 2
Name of State	Amounts
	$
Queensland.................................................	2,022,000
South Australia...............................................	981,500
Western Australia.............................................	958,000
Tasmania...................................................	435,000
Total.................................................	14,142,000

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.....................	6,277,000	2,115,500	8,392,500
Victoria............................	9,076,000	2,543,000	11,619,000
Queensland..........................	520,000	99,500	619,500
South Australia.......................	1,415,500	890,500	2,306,000
Western Australia.....................	558,500	1,248,000	1,806,500
Tasmania...........................	346,500	11,500	358,000
Totals........................	18,193,500	6,908,000	25,101,500

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...........................................	91	142
2...........................................	121	193
3...........................................	152	244
4...........................................	182	296
5...........................................	212	347
6...........................................	249	398

SCHEDULE 10—continued

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.......	5,887,500	936,000	1,179,000	8,002,500
Victoria..............	6,061,500	1,109,000	670,000	7,840,500
Queensland............	1,698,500	150,500	971,000	2,820,000
South Australia.........	1,664,500	219,500	318,000	2,202,000
Western Australia.......	971,000	121,000	676,000	1,768,000
Tasmania.............	346,500	52,000	231,000	629,500
Totals..........	16,629,500	2,588,000	4,045,000	23,262,500

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.......	4,102,500	929,500	404,000	5,436,000
Victoria..............	2,767,000	1,167,500	323,500	4,258,000
Queensland............	1,490,500	658,500	179,000	2,328,000
South Australia.........	1,109,000	104,000	110,000	1,323,000
Western Australia.......	947,500	144,500	98,500	1,190,500
Tasmania.............	393,000		40,500	433,500
Totals..........	10,809,500	3,004,000	1,155,500	14,969,000

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....................	2,698,500	3,080,000	5,778,500
Victoria...........................	2,241,500	2,554,000	4,795,500
Queensland.........................	1,161,000	1,323,000	2,484,000
South Australia......................	757,000	861,000	1,618,000
Western Australia....................	647,000	740,000	1,387,000
Tasmania..........................	294,500	341,000	635,500
Totals.......................	7,799,500	8,899,000	16,698,500

Legislation content

Interactions

Authorises

All Versions