States Grants (Schools Assistance) Act 1983

Act No. 119 of 1983 as amended

Consolidated as in force on 9 May 2000

(includes amendments up to Act No. 118 of 1999)

[Note: This Act was repealed by Act No. 118 of 1999]

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

Contents

An Act relating to the grant of financial assistance to the States and the Northern Territory for and in relation to schools, and other matters

Part I—Preliminary

1 Short title [see Note 1]

This Act may be cited as the States Grants (Schools Assistance) Act 1983.

2 Commencement [see Note 1]

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

3 Interpretation

(1) In this Act, unless the contrary intention appears:

approved education centre means an education centre approved by the Minister under subsection 4 (6).

approved ethnic schools authority means a body approved by the Minister under section 49.

approved professional development activities means:

(a) in‑service teacher training;

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

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

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

building includes part of a building.

building project includes:

(a) the investigation of the need for:

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

(ii) a building or other facilities;

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

(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 in force in a State or Territory;

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

child includes young person.

co‑educational school means a school the students at which comprise, or, in the case of a proposed school, are to comprise, both male students and female students.

commencing day means the day on which this Act receives the Royal Assent.

Commonwealth Education Minister means the Minister.

disadvantaged school means:

(a) a government school in a State that the State Education Minister for the State notifies the Commonwealth Education Minister, under subsection 4 (1), is a school that should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act; or

(b) a non‑government school in a State that the Minister declares, under subsection 4 (2), to be a disadvantaged school for the purposes of this Act.

developing area means a geographical area that is, in accordance with criteria determined under subsection (20), a developing area for the purposes of this Act.

education centre means a body corporate, or a body of persons that the Minister is satisfied will, during the year 1984, become a body corporate:

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

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

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

eligible new arrival means a person whose first language is a language (not being the English language) of a country other than Australia and who arrived in Australia after 31 July 1983.

equipment project means a project for or in relation to the provision of equipment, library material or furniture and includes a project for obtaining services or goods relating to the cataloguing of a library.

general education in English as a second language means education that is provided:

(a) for the purpose of teaching the English language to students whose first language is a language other than the English language; and

(b) for the purpose of giving instruction to those students and other students in relation to the culture of peoples of the Aboriginal race of Australia or of peoples who have migrated to Australia.

government centre means a centre in a State providing special education that is conducted by or on behalf of the Government of the State.

government disadvantaged school means a government primary school, or a government secondary school, that is a disadvantaged school.

government primary school means:

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

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

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

government secondary school means:

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

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

in‑service teacher training means teacher training of persons in employment as teachers at government schools or non‑government schools.

integration activities means activities the purpose of which is to integrate handicapped children into schools, or other places of education approved by the Minister for the purposes of this definition, at which education is provided for children other than handicapped children.

library material includes books, periodicals, computer software, newspapers, films, sound recordings, musical scores, maps, plans, pictures, photographs and prints.

multicultural education means education, not being education contained in a program of ethnic education, that:

(a) is provided for students attending government schools or non‑government schools; and

(b) is designed to take account of the culture of peoples of the Aboriginal race of Australia or of peoples who have migrated to Australia;

including, without limiting the generality of the foregoing, education that is provided by way of instruction in languages (other than the English language) spoken by those peoples.

non‑government body means a body that is not managed or controlled by or on behalf of the Government of a State or of the Northern Territory.

non‑government centre means a centre in a State providing special education that is not conducted by or on behalf of the Government of the State, but does not include a centre conducted for the profit, direct or indirect, of an individual or individuals.

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

non‑government primary school means:

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

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

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

non‑government secondary school means:

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

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

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

non‑systemic school means a non‑government primary school, or a non‑government secondary school, that is not a systemic school.

peoples of the Aboriginal race of Australia includes peoples of the race to which Torres Strait Islanders belong.

prescribed country area means an area in a State that the State Education Minister for the State notifies the Commonwealth Education Minister, under subsection 4(4), is an area that should, in the opinion of the State Education minister, be treated as a prescribed country area for the purposes of this Act.

prescribed special education means education under special programs designed specifically for handicapped children, being children in a State who have not attained the age at which children are required by a law of that State to attend school, other than such education conducted:

(a) by, or on behalf of, a State; or

(b) for the profit, direct or indirect, of an individual or individuals.

previous schools assistance Act means the States Grants (Schools Assistance) Act 1982 or any other Act that came into operation before the commencing day and provided, or provides, for the granting of financial assistance to the States, or to the States and the Northern Territory, for and in relation to schools.

primary education, in relation to a non‑government school in a State, means education of a kind similar to that provided for students at government primary schools in the State.

program of computer education means a program designed for all or any of the following purposes:

(a) to train teachers in the use of computers, including but without limiting the generality of the foregoing, the use of computers as teaching aids;

(b) to assist students to acquire an understanding of computer technology and of the social, environmental, industrial and economic effects of computers;

program of ethnic education means a program of instruction, on a part‑time basis, the purpose of which is to teach students undertaking the program a language (not being the English language) that is the first language of peoples of the Aboriginal race of Australia or of peoples who have migrated to Australia, either alone or together with cultural instruction related to people speaking that language as their first language, other than such a program in which political or religious instruction is predominant.

recurrent expenditure means expenditure other than capital expenditure.

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

school includes a proposed school, or an institution or proposed institution similar to a school, but does not include:

(a) a school or institution at which education is provided at a standard (however described) that is pre‑school standard only or a proposed school or institution at which it is proposed that education be provided at a standard (however described) that is pre‑school standard only; or

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

school in need of short‑term emergency assistance means a school that the Minister declares, under subsection 4(5), to be a school in need of short‑term emergency assistance for the purposes of this Act.

school serving a predominantly Aboriginal community means a school that the Minister declares, under subsection 4(7), to be a school serving a predominantly Aboriginal community for the purposes of this Act.

schools census date, in relation to a State, means the date in the year 1984 as at which the Australian Statistician compiles statistics in relation to the numbers of students in schools in the State.

secondary education, in relation to a non‑government school in a State, means education of a kind similar to that provided for students at government secondary schools in the State.

severely handicapped child means:

(a) a handicapped child in a State to whom paragraph (b) does not apply, being a child:

(i) for whom, by reason of his disability, enrolment at a school, at a government centre or at a non‑government centre, is not appropriate; or

(ii) who is enrolled at a school, at a government centre or at a non‑government centre but who cannot receive, by reason of his disability, a substantial proportion of the benefits ordinarily available to children enrolled at that school or centre; or

(b) a handicapped child in a State who has not attained the age at which children are required by a law of that State to attend school, being a child:

(i) for whom, by reason of his disability, when he attains that age, enrolment at a school, at a government centre or at a non‑government centre will not be, or will be unlikely to be, appropriate;

(ii) who, if when he attains that age he is enrolled at a school, at a government centre or at a non‑government centre, will not receive, or will be unlikely to receive, by reason of his disability, a substantial proportion of the benefits ordinarily available to children enrolled at such a school or centre.

special education means education under special programs designed specifically for handicapped children.

State Education Minister means:

(a) in relation to a State—the Minister of the Crown of the State who is responsible, or principally responsible, for the administration of matters relating to primary education and secondary education in the State; and

(b) in relation to the Northern Territory—the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to primary education and secondary education in the Northern Territory.

student means:

(a) in relation to a program of ethnic education:

(i) a person who is undertaking either on a full‑time basis or on a part‑time basis, primary education or secondary education at a government school or a non‑government school; or

(ii) a person (other than a person referred to in subparagraph (i) or a person who has attained, or will, before 1 January 1985, attain, the age of 20 years) who is undertaking, either on a full‑time basis or on a part‑time basis, technical and further education within the meaning of the Employment, Education and Training Act 1988 at an institution that is a technical and further education institution within the meaning of that Act; or

(b) in any other case—a full‑time student.

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

systemic school means a non‑government primary school, or a non‑government secondary school, that is included in an approved school system and that the Minister declares, under this section, to be a systemic school for the purposes of this Act.

the year 1984 means the year commencing on 1 January 1984.

(2) A reference in this Act to a State shall, unless the contrary intention appears, be read as including a reference to the Northern Territory and a reference in this Act to a Territory shall, unless the contrary intention appears, be read as not including a reference to the Northern Territory.

(3) References in this Act to government primary schools, government secondary schools, non‑government primary schools, non‑government secondary schools, systemic schools and non‑systemic schools shall not be taken, by reason of the express references in this Act to special education, as not including references to such schools at which special education is provided.

(4) A reference in this Act to a building project shall, unless the contrary intention appears, be read as including a reference to a project that is in part a building project and in part an equipment project.

(5) Unless the contrary intention appears:

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

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

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

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

(6) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of the definition of approved school system or residential institution in subsection 3(1) of the States Grants (Schools Assistance) Act 1982, the declaration shall, on and after that day, be deemed to be a declaration made under this Act for the purposes of the definition of approved school system or residential institution, as the case requires, in subsection (1) of this section.

(7) For the purposes of this Act, where, immediately before the commencing day, an approval was in force for the purposes of paragraph (c) of the definition of certificate by a qualified accountant in subsection 3(1) of the States Grants (Schools Assistance) Act 1982, the approval shall, on and after that day, be deemed to be an approval given under this Act for the purposes of paragraph (c) of the definition of certificate by a qualified accountant in subsection (1) of this section.

(8) For the purposes of this Act, the reference in paragraph (b) of the definition of building project in subsection (1) to the purchase of land, with or without buildings, shall, in relation to building projects in connection with non‑government primary schools and non‑government secondary schools, be read as including a reference to the taking on lease of land or buildings.

(9) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of the definition of systemic school in subsection 3(1) of the States Grants (Schools Assistance) Act 1982, in respect of a school, that school shall, on and after 1 January 1984, be deemed to have been declared under this section to be a systemic school unless the Minister:

(a) is satisfied that the school has undergone a substantial change in its character by reason of:

(i) a change in the location of the school that has resulted, or is likely to result, in a substantially different body of students attending the school; or

(ii) the provision or proposed provision at the school of education at a level other than a level at which education was provided when the school was last declared, or deemed to have been declared, under the States Grants (Schools Assistance) Act 1982 to be a systemic school, not being education provided in accordance with a plan for the development of the school that was publicly announced at the time of its establishment; and

(b) by notice in writing, given, before 1 January 1984, to the person or body declared, for the purposes of section 23, to be the approved authority of the approved school system in which the school is included, informs that authority that the Minister proposes to reconsider the declaration of the school as a systemic school.

(10) Where the approved authority in relation to an approved school system receives a notice under paragraph (9)(b) in relation to a school included in that system, the approved authority may make such submissions, in writing, to the Minister as the approved authority considers appropriate.

(11) Where the Minister is satisfied, in respect of a school that is situated in a State and included in an approved school system, being:

(a) a school:

(i) in relation to which a notice has been served under paragraph (9)(b); or

(ii) in relation to which there was no declaration in force for the purposes of the definition of systemic school in subsection 3(1) of the States Grants (Schools Assistance) Act 1982 immediately before the commencing day; or

(b) if a school referred to in paragraph (a) provides education at more than one level—that school in so far as it provides education at a particular level;

that:

(d) the school is not conducted for the profit, direct or indirect, of an individual or individuals;

(e) the school has been the subject of adequate consultation with education authorities of the State;

(f) if the school is, or is to be, situated in an area other than a developing area—the school is not likely to have a significant adverse effect upon the viability of the existing government or non‑government schools (if any) in that first‑mentioned area; and

(g) the school has reasonable prospects of long term viability;

the Minister may, by notice published in the Gazette, declare the school, or the school in so far as it provides education at that level, to be a systemic school for the purposes of this Act.

(12) The Minister shall, as soon as practicable after 31 December 1983, cause a list of systemic schools to be published in the Gazette.

(13) 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 the Commonwealth 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 Commonwealth 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.

(14) In subsection (13), a reference to a relevant agreement between the Commonwealth and an approved authority shall be read as an agreement made between the Commonwealth and an approved authority for the purposes of the condition specified in paragraph 21(2)(b), 23(9)(b), 24(9)(b), 26(2)(b), 27(2)(b), 29(2)(b), 30(2)(b), 31(2)(b), 32(2)(b), 34(3)(c), 37(2)(b), 38(2)(b), 42(3)(b), 51(2)(b) or 61(2)(b).

(15) In subsections (13) and (14), a reference to an approved authority shall be read as a reference to the approved authority of a non‑government school, the approved authority of a non‑government body administering a project in connection with a government school, the approved authority of an approved school system, the approved authority of a non‑systemic school, the approved authority of a non‑government centre, the governing body of an approved education centre or an approved ethnic schools authority, as the case requires.

(16) For the purposes of this Act, a building project or equipment project that has been, is being or is to be carried out for purposes connected with a school, an approved education centre or the education of certain students shall be treated as a building project or equipment project in connection with the school, the approved education centre or the education of those students, as the case may be, notwithstanding that it is also being carried out for other educational purposes or for community purposes.

(17) Unless the contrary intention appears, a reference in a provision of this Act to an approved authority, in relation to an approved school system, a non‑government school, a non‑government body administering a project in connection with a government school a non‑systemic school or a non‑government centre shall be read as a reference to a person or body that the Minister declares to be the approved authority of that school system, of that school, of that non‑government body or of that centre, as the case may be, for the purposes of that provision.

(18) Where:

(a) a co‑educational school is organized on the basis that one or more of the levels of education provided at that school is or are available only to students of one sex; and

(b) a particular project or program in connection with the school or particular expenditure of the school relates solely or principally to a level of education of the kind referred to in paragraph (a);

the benefits of, and the opportunities created by, the project, program or expenditure, as the case requires, shall not be taken, for the purposes of this Act, not to be equally available to male students and female students at the school.

(19) Where:

(a) the benefits of, or the opportunities created by, a particular project or program or particular expenditure, would not, but for this subsection, be equally available to male students and female students or to male children and female children; and

(b) an object of the project, program or expenditure is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure that persons of that sex have equal opportunities with persons of the other sex in connection with education or training;

the benefits of, or the opportunities created by, the project, program or expenditure as the case requires shall not be taken, for the purposes of this Act, not to be equally available to male students and female students or to male children or female children, as the case may be.

(20) The Minister may, by notice published in the Gazette determine criteria for the identification of a geographical area as a developing area for the purposes of this Act.

4 Schools and areas with respect to which special provision is made etc.

(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, at any time during the year 1984, be, greater than the number of students that the Commonwealth Education Minister has, under subsection (3), informed the State Education Minister is the approved maximum number of students in relation to government disadvantaged schools in that State in respect of that year;

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

(2) Where:

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

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

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

(3) As soon as practicable after the commencement of this Act, the Commonwealth Education Minister shall determine, in relation to each State, the number of students that is, for the purposes of subsection (1), the approved maximum number of students in relation to government disadvantaged schools in the State in respect of the year 1984, and shall notify the State Education Minister of that number.

(4) Where, in the opinion of the State Education Minister for a State, a country area of the State should be treated as a prescribed country area by reason that the students, or a substantial number of the students, receiving primary education or secondary education in the area would benefit from:

(a) programs of education designed to alleviate educational disadvantages arising from the restricted access of the students to social and cultural activities and to educational services; or

(b) experimental programs of education designed to improve the ways of providing educational services to students in country areas;

the State Education Minister may notify the Commonwealth Education Minister that the area should, in the opinion of the State Education Minister, be treated as a prescribed country area for the purposes of this Act.

(5) Where the Minister is of the opinion that a non‑government school in a State is, by reason of some unexpected event or circumstance or a sudden economic decline in the locality in which the school is situated, in special need of short‑term emergency assistance, the Minister may declare the school to be a school in need of short‑term emergency assistance for the purposes of this Act.

(6) Where the Minister is satisfied that the membership of an education centre is not restricted to teachers or teachers of a particular kind and the centre provides opportunities for parents of students at schools, and other persons interested in education, to take part in, and to assist in, activities of the centre, the Minister may approve the education centre for the purposes of this Act.

(7) Where the Minister is of the opinion that a school in a State serves a community constituted predominantly by peoples of the Aboriginal race of Australia, the Minister may declare the school to be a school serving a predominantly Aboriginal community for the purposes of this Act.

(8) Where, immediately before the commencing day, a government school in a State was a disadvantaged school within the meaning of the States Grants (Schools Assistance) Act 1982, by virtue of a notification under subsection 4(1) of that Act, the State Education Minister for the State shall, on that day, be deemed to have notified the Commonwealth Education Minister under subsection (1) of this section that the school should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act.

(9) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of subsection 4(2) of the States Grants (Schools Assistance) Act 1982, the declaration shall, on and after that day, be deemed to be a declaration made under subsection (2) of this section.

(10) For the purposes of this Act, where, immediately before the commencing day, an approval was in force for the purposes of subsection 4(7) of the States Grants (Schools Assistance) Act 1982, the approval shall, on and after that day, be deemed to be an approval given under subsection (6) of this section.

5 Determination of levels of funding for eligible new arrivals

For the purposes of sections 12, 29 and 30, the Minister shall determine an amount (not exceeding $894) to be the level at which financial assistance is to be provided under those sections in respect of each eligible new arrival receiving education in English as a second language.

Part II—Government schools programs

6 Grants for building projects and equipment projects in connection with government schools

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

(2) Financial assistance is granted to a State under this section on the 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 1984, in relation to building projects and equipment projects in connection with government primary schools and government secondary schools in the State, other than projects the sole or principal object, or one of the principal objects, of which is to provide housing or other residential accommodation in any capital city for teachers or other staff; and

(b) if, at or before the time of the payment of an amount of financial assistance to the State under this section, the Minister determines that so much of that amount as is represented by a specified amount is to be taken to have been paid to the State for a specified prescribed purpose (in this section referred to as a designated amount in relation to that prescribed purpose), the State will ensure that:

(i) in the application, as mentioned in paragraph (a), of the amount first referred to in that paragraph, not less than so much of that last‑mentioned amount as is equal to the sum of the designated amounts in relation to a prescribed purpose is applied by the State for the purpose of meeting expenditure that relates to the prescribed purpose; and

(ii) in the application, as mentioned in paragraph (a), of so much of the amount first referred to in that paragraph as is equal to the sum of the designated amounts in relation to the prescribed purpose referred to in paragraph (a) of the definition of prescribed purpose in subsection (7)—not more than the prescribed maximum amount is applied by the State for the purpose of meeting expenditure in relation to any particular school that relates to that prescribed purpose.

(3) The sum of the designated amounts that are determined by the Minister under paragraph (2)(b) to have been paid to a State in relation to a particular prescribed purpose shall not exceed the amount specified opposite to the name of the State in whichever of columns 3, 4, 5 or 6 of Schedule 1 relates to that prescribed purpose.

(4) Subject to subsection 3(13), a State may, for the purposes of this section, treat amounts that have been applied by the State after 30 September 1983 and before the commencing day, for the purpose of meeting expenditure in relation to a building project or equipment project in connection with a government primary school or a government secondary school in the State, as having been so applied by the State after that day.

(5) The Minister shall not authorize a payment to a State under subsection (1) unless and until the Commonwealth Education Minister is satisfied that arrangements have been made in accordance with which:

(a) the State will, at such times as the Commonwealth Education Minister and the appropriate Minister of the State agree are appropriate, give to the Commonwealth Education Minister particulars of the projects to which the State, at the time at which it gives the particulars, proposes to apply, or has applied, amounts for the purposes of subsection (2); and

(b) the State will ensure that recognition of the extent to which projects to which the State proposes to apply, or has applied, amounts for those purposes are attributable to funds provided by the Commonwealth will be given in ways, and at times, agreed to by the Minister and the appropriate Minister of the State.

(6) Without limiting the generality of the expression building projects and equipment projects in connection with government primary schools and government secondary schools in this section, that expression includes a project the sole or principal object of which is to provide hostel accommodation for students at those schools.

(7) In this section:

prescribed maximum amount, in relation to a school, means:

(a) unless the school is a school included in a class of schools referred to in paragraph (b)—$150,000; or

(b) if the school is included in a class of schools determined by the Minister for the purposes of this paragraph—such amount in excess of $150,000 as the Minister specifies in the determination in relation to that class;

prescribed purpose means a building or equipment project:

(a) in connection with the renovation or replacement of facilities at a government school other than a proposed government school, not being a project the effect of which is, or is likely to be, to create additional places at that school;

(b) the sole or principal object of which is to provide library facilities or library services at a government school;

(d) in connection with the provision of secondary education at a government school, not being a project the effect of which is or is likely to be, to create additional places at that school.

7 Limits on grants under section 6

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

(2) At any time, and from time to time, during the year 1984, but subject to subsection (3), the Minister may direct that this Act shall have effect as if some or all of the amounts specified in column 2, 3, 4, 5, 6 or 7 of Schedule 1 opposite to the names of States were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this section) there shall be deemed to have been specified in that Schedule, as from the commencing day, in substitution for those amounts, those amounts as so varied.

(3) A direction given under subsection (2) shall not provide for a variation of any amounts specified in column 2, 3, 4, 5, 6 or 7 of Schedule 1 in such a way that, after the variation, the aggregate of the amounts specified in column 7 opposite to the names of States is greater or less than the total amount for all the States specified in that column.

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

8 Grants for recurrent expenditure in connection with government schools

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

(2) Financial assistance is granted to a State under this section on the condition that the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State, according to the respective needs of government primary schools and government secondary schools in the State, for the purpose of meeting recurrent expenditure, in respect of the year 1984, in connection with those schools.

9 Limits on grants under section 8

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 2 opposite to the name of the State.

10 Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with government schools

(1) Subject to section 11, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with general education in English as a second language provided at or in connection with government schools in the State, of such amounts as the Minister determines.

11 Limits on grants under section 10

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 3 opposite to the name of the State.

12 Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with government schools

(1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided at or in connection with government schools in the State, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of the amount that is determined by the Minister under section 5 to be the level at which financial assistance is to be provided in respect of each eligible new arrival receiving education in English as a second language and the number of eligible new arrivals who will receive that education provided at or in connection with government schools in the State.

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

(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting recurrent expenditure, in respect of courses commencing in 1984, in connection with education in English as a second language for eligible new arrivals provided at or in connection with government schools in the State; and

(b) the State will ensure that each eligible new arrival for whom a course of that education is provided, commencing in that year at or in connection with a government school in the State:

(i) enrolled in the course before 1 May 1984 or before the date occurring 6 months after the date of his arrival in Australia, whichever is the later date;

(ii) at the time of enrolling in the course, is undertaking, or has an intention to undertake either before or as soon as practicable after his completion of the course, primary education or secondary education at a government school or non‑government school; and

(iii) if he arrived in Australia before 1 November 1983—did not undertake, or commence to undertake, in Australia, a course similar to that course before that date.

13 Grants for expenditure in connection with government disadvantaged schools

(1) Subject to section 14, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with government disadvantaged schools in the State, of such amounts as the Minister determines.

(a) recurrent expenditure, in respect of the year 1984, in connection with government disadvantaged schools in the State; or

(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1984, in relation to minor building projects, or minor equipment projects, in connection with government disadvantaged schools in the State, being projects:

(i) the total expenditure in relation to each of which is, or will be, less than $30,000; or

(ii) that are approved by the Minister for the purposes of this section.

14 Limits on grants under section 13

The Minister shall not authorize payments to a State under section 13 that exceed, in the aggregate, the amount specified in column 2 of Schedule 4 opposite to the name of the State.

15 Grants for expenditure in connection with special education at government schools etc.

(1) Subject to section 16, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with special education provided at or in connection with government schools or government centres in the State or other special education provided by, or on behalf of, the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section on the condition that the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section is applied by the State for the purpose of meeting recurrent expenditure, in respect of the year 1984, in connection with special education provided at or in connection with government schools or government centres in the State or other special education provided by, or on behalf of, the State and, in particular, will ensure that such part of that amount as is not less than the amount specified in column 3 of Schedule 5 opposite to the name of the State is so applied in connection with integration activities conducted at government schools in the State or places of education approved by the Minister for the purposes of the definition of integration activities in subsection 3(1) at which special education is provided by, or on behalf of, the State.

(3) For the purposes of subsection (2), financial assistance applied by a State for the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1984, in relation to minor building projects, or minor equipment projects, in connection with integration activities conducted at government schools in the State or places referred to in subsection (2), being projects:

(a) the total expenditure in relation to each of which is, or will be, less than $30,000; or

(b) that are approved by the Minister for the purposes of this section;

shall be deemed to be financial assistance that has been applied by that State for the purpose of meeting recurrent expenditure in connection with such integration activities.

16 Limits on grants under section 15 etc.

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

(2) At any time, and from time to time, during the year 1984, but subject to subsection (3), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act shall have effect as if the amounts specified in columns 2 and 4 of Schedule 5 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule, as from the commencing day, in substitution for those amounts, the amounts as so varied.

(3) A direction given under subsection (2) in relation to a State shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in columns 2 and 4 of Schedule 5 opposite to the name of the State is greater or less than the aggregate of the amounts specified in those columns opposite to the name of the State immediately before the giving of the direction.

17 Grants for expenditure in connection with programs of computer education at government schools etc.

(1) A State may, from time to time, submit for the approval of the Minister a program of computer education that is being, or is to be, provided at or in connection with government schools in the State.

(2) The Minister may approve a program submitted under subsection (1) as an approved program of computer education in respect of the year 1984.

(3) Nothing in this Act shall be taken to imply that a program of computer education may not be approved by the Minister under this section and also under section 36.

(4) Subject to section 18, where the Minister approves a program submitted by a State as an approved program of computer education in respect of the year 1984, the Minister may authorize the payment to the State under this section, by way of financial assistance, in respect of recurrent expenditure in respect of that year in connection with the approved program provided at or in connection with government schools in that State, of such amounts as the Minister determines.

(5) Financial assistance is granted to a State under this section on the condition that the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section in respect of recurrent expenditure in respect of the year 1984 is applied by the State for the purpose of meeting recurrent expenditure in respect of that year in connection with a program approved in respect of that year that is provided at or in connection with government schools in that State.

18 Limits on grants under section 17

The Minister shall not authorize payments to a State under subsection 17(4) in respect of recurrent expenditure in connection with the provision of approved programs that exceed, in the aggregate, the amount specified in Schedule 6 opposite to the name of the State.

19 Additional conditions to which grants of financial assistance under Part subject

(1) Financial assistance is granted to a State under section 6 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1985 or such later date as the Minister approves):

(a) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in paragraph 6(2)(a) has been fulfilled in relation to that financial assistance; and

(b) a statement, in accordance with a form approved by the Minister, that specifies:

(i) the projects (not including a project the total expenditure in relation to which was less than $30,000) in relation to which the amount applied by the State in pursuance of the condition specified in paragraph 6(2)(a) in its application to that financial assistance has been applied, the amount so applied in relation to each of those projects and the total of those amounts; and

(ii) the amount applied by the State in pursuance of the condition specified in paragraph 6(2)(a) in its application to that financial assistance in relation to projects the total expenditure in relation to each of which was less than $30,000.

(2) Financial assistance is granted to a State under section 8, 10, 12, 13, 15 or 17 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1985 or such later date as the Minister approves in relation to the grant):

(a) a certificate by an authorized person to the effect that the person has satisfied himself that the condition or conditions specified in subsection 8(2), 10(2), 12(2), 13(2), 15(2) or 17(5), as the case may be, has or have been fulfilled; and

(b) a statement, in accordance with a form approved by the Minister, that summarizes, in respect of government schools, the manner in which the amount applied by the State in pursuance of the conditions or condition so specified has been so applied.

(3) Financial assistance is granted to a State under section 10, 12, 13, 15 or 17 on the additional condition that, if a State has established, or proposes to establish, a committee of persons (by whatever name described) for the sole or principal purpose of providing advice in respect of the distribution of financial assistance granted under one or more of those sections, the State Education Minister will, before making any appointment or further appointment to that committee, consult the Commonwealth Education Minister with respect to the criteria for making appointments to that committee.

(4) financial assistance is granted to a State under a section contained in this Part on the additional conditions that the State will:

(a) ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of the amount of that financial assistance as is applied for the purpose of meeting expenditure to which that financial assistance relates, being expenditure in connection with co‑educational schools in the State, are as far as practicable, equally available to male students and female students at those schools; and

(b) cause to be furnished to the Minister a statement in writing setting out such information with respect to the fulfillment of the condition specified in paragraph (a) as is required by the Minister to be so furnished.

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

Part III—Non‑government schools programs

20 Approval of building projects and equipment projects in connection with non‑government schools

(1) For the purposes of section 21, the Minister may, subject to this section, approve building projects and equipment projects in connection with non‑government primary schools, and building projects and equipment projects in connection with non‑government secondary schools, in a State.

(2) Where the Minister approves a building project or equipment project under subsection (1), the Minister may, in the instrument of approval, specify:

(a) a prescribed purpose in relation to which that project is so approved; and

(b) the maximum amount to be paid under section 21 in respect of that project.

(3) The Minister shall not, in exercising powers conferred under subsection (1) to approve building projects and equipment projects in connection with non‑government schools in a State:

(a) approve projects, being projects in relation to which a particular prescribed purpose is specified, the maximum amounts specified in relation to which exceed, in the aggregate, the amount set out in the column of Schedule 7 that relates to that State and to that prescribed purpose; or

(b) approve a project in connection with a particular school, being a project in relation to which the prescribed purpose referred to in paragraph (a) of the definition of prescribed purpose in subsection (5) is specified unless the maximum amount specified in respect of that project, or the aggregate of the maximum amount so specified and the maximum amount or maximum amounts (if any) specified in relation to any other project approved in connection with that school, being a project in relation to which that prescribed purpose is specified, does not exceed the prescribed maximum amount in relation to that school.

(4) A project shall not be approved under subsection (1) if:

(a) the project is in connection with a co‑educational school and the Minister is of the opinion that the benefits of, and the opportunities created by, the project will not, as far as practicable, be equally available to male students and female students at the school; or

(b) the sole or principal object, or one of the principal objects, of the project is:

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

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

(5) In this section:

prescribed maximum amount, in relation to a school, means:

(a) unless the school is a school included in a class of schools referred to in paragraph (b)—$150,000; or

prescribed purpose means a building or equipment project:

(a) in connection with the renovation or replacement of facilities at a non‑government school other than a proposed non‑government school, not being a project the effect of which is, or is likely to be, to create additional places at that school;

(b) the sole or principal object of which is to provide library facilities or library services; or

(c) in connection with the provision of secondary education at a non‑government school, not being a project the effect of which is, or is likely to be, to create additional places at that school.

21 Grants for building projects and equipment projects in connection with non‑government schools

(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 in relation to a project approved under section 20, 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 20 (being a building project or an equipment project in connection with a non‑government school in the State) on the conditions that:

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

(b) the State will not make a payment to the approved authority under this section in relation to the project unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for the State to the effect that the approved authority has agreed with the Commonwealth 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 1984, in relation to the project;

(ii) the approved authority will consult with the Commonwealth Education Minister for the purpose of determining appropriate methods of giving public recognition of the funding provided for the project by the Commonwealth;

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

(iv) the approved authority will comply with such other conditions (if any) as are specified in the approval of the project under section 20;

(v) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii), (iii) or in accordance with subparagraph (iv), the authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth 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 Commonwealth Education Minister determines should be paid by the approved authority; and

(c) where the total expenditure in relation to the project is, or will be, not less than $30,000, the State will not make a payment to the approved authority under this section in relation to the project unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for the State to the effect that the approved authority has agreed with the Commonwealth to be bound by the condition that, if, within the prescribed period relating to the project:

(i) an asset (being land, a building or equipment) in respect of which an amount paid to the approved authority under this section in relation to the project was expended ceases to be used;

(ii) such an asset ceases to be used principally for an approved purpose; or

(iii) the approved authority sells or otherwise disposes of such an asset to a person, other than the State, for use principally for an approved purpose without the person having entered or entering into an agreement with the Commonwealth, under which that person has the same obligations in relation to the asset as the approved authority had by virtue of this paragraph before the sale or other disposal of the asset;

the approved authority will, if the Commonwealth Education Minister so requires, pay to the Commonwealth the amount ascertained in accordance with the formula , where:

A is the total amount paid to the approved authority under this section in relation to the project that was expended in respect of the relevant asset.

B is the number of years in the prescribed period that are years that had not commenced before the relevant asset ceased to be used, ceased to be used for such a purpose or was so sold or otherwise disposed of, as the case requires; and

C is the number of years in the prescribed period.

(3) In paragraph (2)(c):

approved purpose, in relation to an asset, means:

(a) the purpose for which the asset was intended to be used when, under section 20, the Commonwealth Education Minister approved the project relating to the asset; or

(b) a purpose approved by the Commonwealth Education Minister.

prescribed period, in relation to a project approved under section 20, means:

(a) except where paragraph (b) applies—the period of 20 years commencing on the day on which the project is completed; or

(b) if, at the time when the Commonwealth Education Minister approved the project, he declared that a period of a lesser number of years commencing on that day was to be the prescribed period in relation to the project—that lesser period.

(4) Subject to subsection 3(13), the approved authority of a non‑government school may, for the purposes of this section, treat amounts that have been applied before the commencing day, for the purpose of meeting expenditure in relation to a project approved under section 20, as having been so applied after that day.

22 Limits on grants under section 21 etc.

(1) The Minister shall not authorize payments to a State under section 21 that exceed, in the aggregate, the amount specified in column 6 of Schedule 7 opposite to the name of the State.

(2) Where a maximum amount is specified under subsection 20(2) in relation to a project, the Minister shall not authorize payments to a State under section 21, by way of financial assistance to the State in respect of expenditure in relation to the project, of amounts that exceed, in the aggregate, that maximum amount.

(3) At any time, and from time to time, during the year 1984, but subject to subsection (4), the Minister may direct that this Act has effect as if some or all of the amounts specified in column 2, 3, 4, 5 or 6 of Schedule 7 opposite to the names of States were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule, as from the commencing day, in substitution for those amounts, those amounts as so varied.

(4) A direction given under subsection (3) shall not provide for the variation of any amounts specified in column 2, 3, 4, 5 or 6 of Schedule 7 in such a way that, after the variation, the aggregate of the amounts specified in that column 6 opposite to the names of States is greater or less than the total amount for all the States specified in that column.

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

23 Grants for recurrent expenditure of systemic schools

(1) Until the Minister causes to be published in the Gazette a list of approved school systems in accordance with subsection (2), reference in this section to the list of approved school systems shall, unless the contrary intention appears, be read as references to:

(a) the list published in accordance with subsection 21(2) of the States Grants (Schools Assistance) Act 1982, or that list as varied under that Act before the commencing day; or

(b) if the list referred to in paragraph (a) is varied on or after the commencing day under subsection (3), (5) or (6), that list as so varied.

(2) The Minister may cause to be published in the Gazette the list referred to in paragraph (1)(a) or, if that list is varied under subsection (3), (5) or (6) on or after the commencing day and before the publication of that list in the Gazette, that list as so varied, and, if the Minister does so, references in this section to the list of approved school systems shall then, unless the contrary intention appears, be read as references to the list so published or, if the list so published is varied under subsection (3), (5) or (6), to the list as so published and so varied.

(3) The Minister may, from time to time, vary the list of approved school systems for the purpose of adding to it school systems that are declared by the Minister to be approved school systems for the purposes of this Act and, if the Minister makes such a variation, the Minister shall, in respect of each such approved school system, specify, in the instrument of variation, the level, being a level of assistance set out in column 1 of Schedule 8, at which financial assistance is to be provided under this section to the approved school system for the purpose of meeting recurrent expenditure of the approved school system in respect of the year 1984.

(4) The Minister shall, in determining for the purposes of subsection (3) the level at which financial assistance is to be provided under this section to an approved school system for the purpose of meeting recurrent expenditure of the approved school system in respect of the year 1984, have regard to the need of the approved school system for such assistance.

(5) The Minister may, having regard to any change in the need of an approved school system for financial assistance under this section for the purpose of meeting recurrent expenditure of the approved school system in respect of the year 1984, vary the list of approved school systems by specifying, in the instrument of variation, in respect of the approved school system a different level, being a level of assistance set out in column 1 of Schedule 8, at which financial assistance is to be provided under this section to the approved school system for the purpose of meeting recurrent expenditure of the approved school system in respect of the year 1984.

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

(7) The Minister shall cause a copy of any variation to the list of approved school systems made under subsection (3), (5) or (6) to be published in the Gazette.

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

(a) an amount equal to the product of the amount specified in column 2 of Schedule 8 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of approved school systems in relation to the school system and the number of students receiving primary education at systemic schools in the school system on the date (in paragraph (b) referred to as the census date) that is the schools census date for the State or is such other date as the Minister, in special circumstances, determines in relation to the school system;

(b) an amount equal to the product of the amount specified in column 3 of Schedule 8 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of approved school systems in relation to the school system and the number of students receiving secondary education at systemic schools in the school system on the census date;

(c) if any of the systemic schools in the school system are schools in need of short‑term emergency assistance, an amount equal to such amount as the Minister, subject to section 25, determines to be the amount of additional assistance to be provided to the school system for the purpose of meeting recurrent expenditure, in respect of the year 1984, in connection with those last‑mentioned schools;

(d) if primary education or secondary education is provided at any systemic school in the school system for part‑time students as well as for full‑time students, an amount equal to such amount (if any) as the Minister determines to be the amount of financial assistance to be provided to the school system for the purposes of meeting recurrent expenditure, in respect of the year 1984, in connection with those part‑time students.

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

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

(b) the State will not make a payment to the approved authority under this section unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the approved authority has agreed with the Commonwealth 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 1984, of those schools, and of the approved authority in respect of those schools, in such proportions as the Commonwealth Education Minister determines, and, in particular, will ensure that such part of that amount as is not less than the amount determined by the Commonwealth Education Minister under paragraph (8)(c) in relation to the school system is applied for the purpose of meeting recurrent expenditure, in respect of the year 1984, in connection with such of those schools as are schools in need of short‑term emergency assistance;

(ii) the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of that amount as is applied for the purpose of meeting recurrent expenditure of co‑educational schools, and of the approved authority in respect of those schools, are, as far as practicable, equally available to male and female students at those schools;

(iii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):

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

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

(iv) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii) or (iii), the authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.

24 Grants for recurrent expenditure of non‑systemic schools

(1) A reference in this section, on and after 1 January 1984, to the list of non‑systemic schools shall, subject to this section, be read as a reference to:

(a) the list of non‑systemic schools in force for the purposes of section 22 of the States Grants (Schools Assistance) Act 1982 immediately before the commencing day, as varied by the exclusion of a school in respect of which the Minister:

(i) is satisfied that the school has undergone a substantial change in its character by reason of:

(A) a change in the location of the school that has resulted or, is likely to result, in a substantially different body of students attending the school; or

(B) the provision or proposed provision at the school of education at a level other than a level at which education was provided when the school was included in that last‑mentioned list, not being education provided in accordance with a plan for the development of the school that was publicly announced at the time of its establishment; and

(ii) by notice in writing given before 1 January 1984 to the approved authority of the school, informs that authority that the Minister proposes to reconsider the inclusion of the school in the list of non‑systemic schools; or

(b) if the list referred to in paragraph (a) is varied on or after the commencing day under subsection (3), (6) or (7), that list as so varied.

(2) Where the approved authority in relation to a school received a notice under subparagraph (1)(a)(ii) in relation to the school, the approved authority may make such submissions, in writing, to the Minister as the approved authority considers appropriate.

(3) Where the Minister is satisfied, in respect of a non‑systemic school that is situated in a State, being:

(a) a school:

(i) in relation to which a notice has been served under subparagraph (1)(a)(ii); or

(ii) that was not included in the list of non‑systemic schools in force for the purposes of section 22 of the States Grants (Schools Assistance) Act 1982 immediately before the commencing day; or

(b) if a school referred to in paragraph (a) provides education at more than one level—that school in so far as it provides education at a particular level;

that:

(d) the school is not conducted for the profit, direct or indirect, of an individual or individuals;

(e) the school has been the subject of adequate consultation with education authorities of the State;

(g) the school has reasonable prospects of long term viability;

the Minister may, by notice published in the Gazette, vary the list of non‑systemic schools by adding to it that school, or that school in so far as it provides education at that level, and, if the Minister makes such an addition, the Minister shall in respect of the school so added, specify in the notice of variation the level, being a level of assistance set out in column 1 of Schedule 8, at which financial assistance is to be provided under this section to the school for the purpose of meeting recurrent expenditure of the school in respect of the year 1984.

(4) The Minister shall, in determining for the purposes of subsection (3) the level at which financial assistance is to be provided under this section to a school for the purpose of meeting recurrent expenditure of the school in respect of the year 1984, have regard to the need of the school for such assistance.

(5) The Minister shall, as soon as practicable after 31 December 1983, cause the list of non‑systemic schools, in a form approved by the Minister for the purposes of this subsection, to be published in the Gazette.

(6) The Minister may, having regard to any change in the need of a school for financial assistance under this section for the purpose of meeting recurrent expenditure of the school in respect of the year 1984, vary the list of non‑systemic schools by specifying, in the instrument of variation, in respect of the school a different level, being a level of assistance set out in column 1 of Schedule 8, at which financial assistance is to be provided under this section to the school for the purpose of meeting recurrent expenditure of the school in respect of the year 1984.

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

(8) The Minister shall cause a copy of any variation to the list of non‑systemic schools made under subsection (6) or (7) to be published in the Gazette.

(9) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non‑systemic school situated in a State, being a school that is included in the list of non‑systemic schools, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, the sum of the following amounts:

(a) an amount equal to the product of the amount specified in column 2 of Schedule 8 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of non‑systemic schools in relation to the school and the number of students receiving primary education at the school on the date (in paragraphs (b) and (c) referred to as the census date) that is the schools census date for that State or is such other date as the Minister, in special circumstances, determines in relation to the school;

(b) an amount equal to the product of the amount specified in column 3 of Schedule 8 opposite to the level of assistance in column 1 of that Schedule that is the level of assistance specified in the list of non‑systemic schools in relation to the school and the number of students receiving secondary education at the school on the census date;

(c) if the school came or comes into existence (otherwise than by virtue of its ceasing to be a systemic school) in a year specified in column 1 of Schedule 9, an amount equal to the sum of the following amounts:

(i) an amount equal to the product of the amount specified in column 2 of that Schedule opposite to that year and the number of students receiving primary education at the school on the census date;

(ii) an amount equal to the product of the amount specified in column 3 of that Schedule opposite to that year and the number of students receiving secondary education at the school on the census date;

(d) if the school is a school in need of short‑term emergency assistance, an amount equal to such amount as the Minister, subject to section 25, 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 1984, 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 1984, in connection with those part‑time students.

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

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

(b) the State will not make a payment to the approved authority under this section unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the approved authority, has agreed with the Commonwealth to be bound by the following conditions:

(ii) if the school is a co‑educational school—the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to that amount for the purposes of that expenditure of the school, are as far as practicable, equally available to male and female students at the school;

(iii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):

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

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

25 Limit on additional grants for schools in need of short‑term emergency assistance

The amounts determined by the Minister under paragraph 23(8)(c) in relation to systemic schools, and the amounts determined by the Minister under paragraph 24(9)(d) in relation to non‑systemic schools, shall not exceed, in the aggregate, the amount specified in column 1 of Schedule 10.

26 Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with systemic schools

(1) Subject to section 28, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved school system in the State in connection with general education in English as a second language provided at or in connection with systemic schools in the school system, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved school system in the State in connection with general education in English as a second language provided at or in connection with systemic schools in the school system on the conditions that:

(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 1984, of those schools, and of the approved authority in respect of those schools, in such proportions as the Commonwealth Education Minister determines, in connection with general education in English as a second language provided at or in connection with those schools;

(ii) the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of that amount as is applied for the purpose of meeting expenditure of that kind, being expenditure of co‑educational schools, and of the approved authority in respect of those schools, are, as far as practicable, equally available to male students and female students at those schools;

(iii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):

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

(B) a statement in writing, that contains such information in respect of general education in English as a second language provided at or in connection with any systemic school or schools in the school system as is required by the Commonwealth Education Minister to be so furnished;

27 Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with non‑systemic schools

(1) Subject to section 28, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non‑systemic school in the State in connection with general education in English as a second language provided at or in connection with the school, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of a non‑systemic school in the State in connection with general education in English as a second language provided at or in connection with the school on the conditions that:

(b) the State will not make a payment to the approved authority under this section unless the Commonwealth Education Minister furnishes to the State Education Minister for the State a certificate to the effect that the approved authority has agreed with the Commonwealth to be bound by the following conditions:

(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of the year 1984, of the school in connection with general education in English as a second language provided at or in connection with the school;

(ii) if the school is a co‑educational school—the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to that amount for the purposes of that expenditure of the school are, as far as practicable, equally available to male students and female students at the school;

(iii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):

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

(B) a statement in writing, that contains such information in respect of general education in English as a second language provided at or in connection with the school as is required by the Commonwealth Education Minister to be so furnished;

28 Limits on grants under sections 26 and 27

The Minister shall not authorize payments to the States under sections 26 and 27 that exceed in the aggregate, the amount specified in column 2 of Schedule 10.

29 Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with systemic schools

(1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved school system in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with systemic schools in the school system, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of the amount that is determined by the Minister under section 5 to be the level at which financial assistance is to be provided in respect of each eligible new arrival receiving education in English as a second language and the number of eligible new arrivals who will receive that education provided at or in connection with systemic schools in that school system.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved school system in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with systemic schools in the school system on the conditions that:

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

(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of courses commencing in 1984, of those schools, and of the approved authority in respect of those schools, in such proportions as the Commonwealth Education Minister determines, in connection with education in English as a second language for eligible new arrivals provided at or in connection with those schools;

(ii) the approved authority will ensure that each eligible new arrival for whom a course of that education is provided, commencing in that year, at or in connection with a systemic school in the approved school system:

(A) enrolled in the course before 1 May 1984 or before the date occurring 6 months after the date of his arrival in Australia, whichever is the later date;

(B) at the time of enrolling in the course, is undertaking, or has an intention to undertake either before or as soon as practicable after his completion of the course, primary education or secondary education at a government school or non‑government school; and

(C) if he arrived in Australia before 1 November 1983—did not undertake, or commence to undertake, in Australia, a course similar to that course before that date;

(iii) the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of that amount as is applied for the purpose of meeting expenditure of the kind referred to in subparagraph (b)(i), being expenditure of co‑educational schools, and of the approved authority in respect of those schools, are, as far as practicable, equally available to male students and female students at those schools;

(iv) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):

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

(B) a statement, in writing, that contains such information in respect of education in English as a second language for eligible new arrivals provided at or in connection with any systemic school or schools in the approved school system as is required by the Commonwealth Education Minister to be so furnished;

(v) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii), (iii) or (iv), the authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.

30 Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with non‑systemic schools

(1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of a non‑systemic school in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with the school, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of the amount that is determined by the Minister under section 5 to be the level at which financial assistance is to be provided in respect of each eligible new arrival receiving education in English as a second language and the number of eligible new arrivals who will receive that education provided at or in connection with the school.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of a non‑systemic school in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with the school on the conditions that:

(b) the State will not make a payment to the approved authority under this section unless the Commonwealth Education Minister has furnished to the State Education Minister for the State a certificate to the effect that the approved authority has agreed with the Commonwealth to be bound by the following conditions:

(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of courses commencing in 1984, of the school in connection with education in English as a second language for eligible new arrivals provided at or in connection with the school;

(ii) the approved authority will ensure that each eligible new arrival for whom a course of that education is provided, commencing in that year, at or in connection with the school:

(A) enrolled in the course before 1 May 1984 or before the date occurring 6 months after the date of his arrival in Australia, whichever is the later date;

(C) if he arrived in Australia before 1 November 1983—did not undertake, or commence to undertake, in Australia, a course similar to that course before that date;

(iii) if the school is a co‑educational school—the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to that amount for the purposes of that expenditure of the school are, as far as practicable, equally available to male students and female students at the school;

(iv) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):

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

(B) a statement, in writing, that contains such information in respect of education in English as a second language for eligible new arrivals provided at or in connection with the school as is required by the Commonwealth Education Minister to be so furnished;

31 Grants for expenditure of systemic disadvantaged schools

(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 expenditure of an approved school system in the State in connection 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 connection with any systemic disadvantaged school or schools in the school system on the conditions that:

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

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

(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting:

(A) recurrent expenditure, in respect of the year 1984, of that systemic disadvantaged school or those systemic disadvantaged schools, and of the approved authority in respect of that school or those schools, in such proportions as the Minister determines; or

(B) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1984, in relation to minor building projects, or minor equipment projects, in connection with that systemic disadvantaged school or those systemic disadvantaged schools, being projects that are approved by the Minister for the purposes of this section;

(ii) the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of that amount as is applied for the purposes of expenditure of the kind referred to in sub‑subparagraph (i)(A), being expenditure in connection with a co‑educational school or co‑educational schools, are, as far as practicable, equally available to male sutdents and female students at the school or schools;

(iii) the approved authority will cause to be furnished to the Minister (not later than 30 June 1985 or such later date as the Minister approves):

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

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

(iv) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii) or (iii), the authority will, if the Minister so determines, pay to the Commonwealth such amount (not being an amount greater that the sum of the amounts paid to the approved authority under this section) as the Minister determines should be paid by the approved authority.

(3) A project shall not be approved under sub‑subparagraph (2)(b)(i)(B) if the project is in connection with a co‑educational school and the Minister is of the opinion that the benefits of, and the opportunities created by, the project will not, as far as practicable, be equally available to male students and female students at the school.

32 Grants for expenditure of non‑systemic disadvantaged schools

(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 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:

(b) the State will not make a payment to the approved authority under this section unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the approved authority has agreeed or agrees with the Commonwealth to be bound by the following conditions:

(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting:

(A) recurrent expenditure, in respect of the year 1984, of the school; or

(B) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1984, in relation to minor building projects, or minor equipment projects, in connection with the school, being projects that are approved by the Commonwealth Education Minister for the purposes of this section;

(ii) if the school is a co‑educational school—the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to that amount for the purposes of expenditure referred to in sub‑subparagraph (i)(A) of the school, are, as far as practicable, equally available to male students and female students at the school;

(iii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):

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

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

33 Limits on grants under sections 31 and 32

The Minister shall not authorize payments to a State under sections 31 and 32 that exceed, in the aggregate, the amount specified in column 3 of Schedule 4 opposite to the name of the State.

34 Grants for expenditure in connection with special education at non‑government schools etc.

(1) In this section prescribed authority means a person who or body that:

(a) provides prescribed special education; and

(b) has been approved by the Minister for the purposes of this section.

(2) 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 connection with special education provided at or in connection with a non‑government school or non‑government centre in the State or prescribed special education provided in the State by a prescribed authority, of such amounts as the Minister determines.

(3) Financial assistance is granted to a State under this section in respect of expenditure in connection with special education provided at or in connection with a non‑government school or non‑government centre in the State on the conditions that:

(a) subject to paragraph (c), the State will, without undue delay, pay to the approved authority of the school or centre an amount equal to each amount paid to the State under this section in relation to the school or centre, 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;

(b) where the payment of an amount referred to in paragraph (a) is made to the approved authority of a school, the State will, in making the payment, specify the part (if any) of that amount that is paid in connection with integration activities conducted at the school;

(c) the State will not make a payment to the approved authority of the school or centre under this section unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the approved authority has agreed with the Commonwealth to be bound by the following conditions:

(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of the year 1984, in connection with special education provided at or in connection with the school or centre and, in particular, the approved authority, where it is an approved authority of a school, will ensure that an amount that is not less than the part (if any) of those amounts so paid to the approved authority that is specified as having been paid in connection with integration activities conducted at the school is so applied in connection with those integration activities;

(ii) if a payment is made in relation to a co‑educational school—the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to that amount for the purposes of meeting expenditure of that school of the kind referred to in subparagraph (c)(i) are, as far as practicable, equally available to male students and female students at the school;

(iii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):

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

(B) a statement, in writing, that contains such information in respect of special education provided at or in connection with the school or centre as is required by the Commonwealth Education Minister to be so furnished;

(iv) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii) or (iii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.

(4) Financial assistance is granted to a State under this section in respect of expenditure in connection with prescribed special education provided by a prescribed authority on the conditions that:

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

(b) where the payment of an amount referred to in paragraph (a) is made to a prescribed authority in relation to the provision of prescribed special education at a place of education approved by the Minister for the purposes of the definition of integration activities in subsection 3(1), the State will, in making the payment, specify the part (if any) of that amount that is paid in connection with integration activities conducted at that place;

(c) the State will not make a payment to a prescribed authority under this section unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the prescribed authority has agreed with the Commonwealth to be bound by the following conditions:

(i) the prescribed authority will ensure that an amount equal to the sum of the amounts paid to the prescribed authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of the year 1984, in connection with prescribed special education provided by it and, in particular, the prescribed authority, where it provides prescribed special education at a place referred to in paragraph (b), will ensure that an amount that is not less than the part (if any) of those amounts so paid to the prescribed authority that is specified as having been paid in connection with integration activities conducted at that place is so applied in connection with those integration activities;

(ii) the prescribed authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):

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

(B) a statement in writing that contains such information in respect of prescribed special education provided by the special educator as is required by the Commonwealth Education Minister to be so furnished; and

(iii) if the prescribed authority does not fulfil a condition specified in subparagraph (i) or (ii), the prescribed authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the prescribed authority under this section) as the Commonwealth Education Minister determines should be paid by the prescribed authority.

(5) Financial assistance is granted to a State under this section on the additional condition that the State will ensure that the total of all amounts specified by the State, for the purposes of paragraphs (3)(b) and (4)(b), in connection with integration activities conducted by the approved authorities of schools in the State or conducted by prescribed authorities at places referred to in paragraph (4)(b) in the State is not less than the amount specified in column 5 of Schedule 5 opposite to the name of the State.

(6) For the purposes of subsection (3), and of any agreement referred to in paragraph (3)(c), between the Commonwealth and the approved authority of a school in a State, an amount applied by way of expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1984, in relation to minor building projects, or minor equipment projects, in connection with integration activities conducted at the school, being projects that are approved by the Minister for the purposes of this subsection, shall be deemed to be an amount applied for the purpose of meeting recurrent expenditure in connection with such integration activities.

(7) For the purposes of subsection (4), and of any agreement referred to in paragraph (4)(c), between the Commonwealth and a prescribed authority which conducts a place referred to in paragraph (4)(b), an amount applied by way of expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1984, in relation to minor building projects, or minor equipment projects, in connection with integration activities conducted at that place, being projects that are approved by the Minister for the purposes of this subsection, shall be deemed to be an amount applied for the purpose of meeting recurrent expenditure in connection with such integration activities.

(8) Without prejudice to the meaning of the expression in respect of the year 1984 in any other provision of this Act, an amount shall be taken, for the purposes of subsections (3) and (4), to have been applied for the purpose of meeting recurrent expenditure in respect of the year 1984 in connection with special education or to have been applied for the purpose of meeting recurrent expenditure in respect of the year 1984 in connection with prescribed special education if that amount has been applied for the purpose of meeting expenditure in respect of a program of special education, or a program of prescribed special education, as the case requires, that commenced in that year.

35 Limits on grants under section 34

The Minister shall not authorize payments to a State under section 34 that exceed, in the aggregate, the amount specified in column 4 of Schedule 5 opposite to the name of the State.

36 Approval of programs of computer education in connection with non‑government schools

(1) An approved authority in relation to an approved school system or to a non‑systemic school may, from time to time, submit for the approval of the Minister a program of computer education that is being, or is to be, provided at or in connection with systemic schools in that approved school system, or at or in connection with that non‑systemic school.

(2) The Minister may approve a program submitted under subsection (1) as an approved program of computer education in respect of the year 1984.

37 Grants for programs of computer education in connection with systemic schools

(1) Subject to section 39, where the Minister approves, under section 36, a program submitted by an approved authority in relation to an approved school system in a State as an approved program of computer education in respect of the year 1984, the Minister may authorize the payment to the State, by way of financial assistance, in respect of recurrent expenditure in respect of that year of an approved school system in the State in connection with the provision of that program at or in connection with systemic schools in that school system, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure in respect of the year 1984 of an approved school system in connection with the provision of a program of computer education approved in respect of that year at or in connection with systemic schools in the school system on the conditions that:

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

(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority is applied for the purpose of meeting recurrent expenditure, in respect of that year, of those schools, and of the approved authority in respect of those schools, in connection with the provision of the program at or in connection with those schools;

(ii) the approved authority will ensure that the benefits of and the opportunities created by, the application of an amount equal to so much of that amount as is applied for the purpose of meeting recurrent expenditure, in respect of that year, in connection with the provision of the program at or in connection with co‑educational schools in the school system are, as far as practicable, equally available to male students and female students at those schools;

(iii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June next following the expiration of that year or such later date as the Commonwealth Education Minister approves):

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

(B) a statement, in writing, that contains such information in respect of the operation of the program at or in connection with schools in the school system as is required by the Commonwealth Education Minister to be so furnished; and

(iv) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii) or (iii), the authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in respect of that program and of that year) as the Commonwealth Education Minister determines should be paid by the approved authority.

38 Grants for programs of computer education in connection with non‑systemic schools

(1) Subject to section 39, where the Minister approves, under section 36, a program submitted by an approved authority in relation to a non‑systemic school in a State as an approved program of computer education in respect of the year 1984 the Minister may authorize the payment to the State, by way of financial assistance, in respect of recurrent expenditure in respect of that year of that non‑systemic school in connection with the provision of that program at or in connection with that school, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure in respect of the year 1984 of a non‑systemic school in connection with the provision of an approved program of computer education approved in respect of that year at or in connection with the school on the conditions that:

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to the amount paid to the State under this section in relation to the school, and, in making the payments 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 is applied for the purpose of meeting recurrent expenditure, in respect of that year, of the school in connection with the provision of the program at or in connection with the school;

(ii) if the school is a co‑educational school—the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to that amount for the purposes of meeting recurrent expenditure, in respect of that year, in connection with the provision of the program at or in connection with the school are, as far as practicable, equally available to male students and female students at the school;

(A) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) have been fulfilled; and

(B) a statement, in writing, that contains such information in respect of the operation of the program at or in connection with the school as is required by the Commonwealth Education Minister to be so furnished; and

(iv) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii) or (iii), the authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section in respect of that program and of that year) as the Commonwealth Education Minister determines should be paid by the approved authority.

39 Limits on grants under sections 37 and 38

The Minister shall not authorize payments to a State under sections 37 and 38 that exceed, in the aggregate, the amount specified in Schedule 11 opposite to the name of the State.

40 Additional condition to which grants of financial assistance under Part subject etc.

(1) Financial assistance granted to a State under a section contained in this Part is granted on the additional condition that 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 the non‑government school, approved school system, non‑government centre or prescribed authority) as the Minister specifies in the determination as the amount that should be repaid by the State.

(2) Nothing in this Act shall be taken to authorize the recovery by the Commonwealth, in respect of financial assistance granted to a State under a section contained in this Part, of any amount from that State or of any amount under an agreement entered into for the purpose of a condition specified in that section in respect of that financial assistance, if the aggregate of that amount and any amount previously recovered from that State in respect of that financial assistance, or previously recovered under such an agreement entered into in relation to that financial assistance would exceed, in the aggregate, the amount of that financial assistance.

(3) In subsection (1), prescribed authority has the same meaning as it has in section 34.

Part IV—Supplementary grants for building and equipment projects at schools serving predominantly aboriginal communities

41 Approval of building projects and equipment projects in connection with schools serving predominantly Aboriginal communities

(1) For the purposes of section 42, the Minister may, subject to subsection (2) of this section, approve building projects and equipment projects in connection with schools serving predominantly Aboriginal communities in a State.

(2) A project shall not be approved under subsection (1) if:

(b) the sole or principal object, or one of the principal objects, of the project is to provide facilities for use, wholly or principally, for or in relation to religious worship.

(3) Without limiting the generality of the expression building projects and equipment projects in connection with schools serving predominantly Aboriginal communities in a State in this section, that expression includes a project the sole or principal object of which is to provide hostel accommodation for students at those schools.

42 Grants for building projects and equipment projects in connection with schools serving predominantly Aboriginal communities

(1) Subject to section 43, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a project approved under section 41, of such amounts as the Minister determines.

(2) Where a project approved under section 41 is a project in connection with a government school (other than such a project that is administered by a non‑government body), financial assistance granted to a State under subsection (1) in respect of that project is granted on the conditions that:

(a) the state will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section in respect of that project 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 1984, in relation to that project; and

(b) the State will cause to be furnished to the Minister (not later than 30 June 1985 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.

(3) Where a project approved under section 41 is a project in connection with a non‑government school or is a project in connection with a government school but administered by a non‑government body, financial assistance granted to a State under subsection (1) in respect of that project is granted on the conditions that:

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

(b) the State will not make a payment to the approved authority of the school or to the approved authority of the non‑government body, as the case requires, under this section in relation to the projects unless the Commonwealth Education Minister furnishes to the State Education Minister for the State a certificate to the effect that the approved authority has agreed with the Commonwealth to be bound by the following conditions:

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

(iii) the approved authority will comply with such other conditions (if any) as are specified in the approval of the project under section 41;

(iv) if the approved authority does not fulfil a condition specified in subparagraph (i) or (ii) or in accordance with subparagraph (iii), the authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth 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 Commonwealth Education Minister determines should be paid by the approved authority; and

(c) where the total expenditure in relation to the project is, or will be, not less than $30,000, the State will not make a payment to the approved authority under this section in relation to the project unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for the State to the effect that the approved authority has entered into an agreement with the Commonwealth to be bound by the condition that, if, within the prescribed period relating to the project:

(i) an asset (being land, a building or equipment) in respect of which an amount paid to the approved authority under this section in relation to the project was expended ceases to be used;

(ii) such an asset ceases to be used principally for an approved purpose; or

the approved authority will, if the Commonwealth Education Minister so requires, pay to the Commonwealth the amount ascertained in accordance with the formula , where:

A is the total paid to the approved authority under this section in relation to the project that was expended in respect of the relevant asset.

C is the number of years in the prescribed period.

(4) Financial assistance granted to a State under this section in relation to a project approved under section 41 is granted on the additional condition that if the State does not fulfil a condition specified in whichever of subsection (2) or (3) relates to that financial assistance, 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 that financial assistance as the Minister specifies in the determination as the amount that should be repaid by the State.

(5) Nothing in this Act shall be taken to authorize the recovery by the Commonwealth in respect of financial assistance granted to a State under this section in respect of a project approved under section 41, being a project in connection with a non‑government school or being a project in connection with a government school but administered by a non‑government body, of any amount from that State or of any amount under an agreement entered into for the purposes of a condition specified in subsection (3) in respect of that financial assistance if the aggregate of that amount and any amount previously recovered from that State in respect of that financial assistance, or previously recovered under such an agreement entered into in relation to that financial assistance would exceed, in the aggregate, the amount of that financial assistance.

(6) Subject to subsection 3(13), a State, the approved authority of a non‑government school or the approved authority of a non‑government body administering a project in connection with a government school may, for the purposes of this section, treat amounts that have been applied before the commencing day, for the purpose of meeting expenditure in relation to a project approved under section 41, as having been so applied after that day.

(6A) Where the Minister declares that this subsection applies in relation to a project approved under section 41 then, notwithstanding the other provisions of this section:

(a) if the project is a project in connection with a government school—any amount applied by the State for the purpose of meeting expenditure, in respect of commitments already undertaken, or to be undertaken, not later than 30 June 1985, in relation to the project shall be treated for all purposes of this Act as an amount so applied for the purpose of meeting expenditure, in respect of commitments undertaken, or to be undertaken, not later than 31 December 1984, in relation to the project; and

(b) if the project is a project in connection with a non‑government school, or a project in connection with a government school but administered by a non‑government body—any amount applied for the purpose of meeting expenditure, in respect of commitments already undertaken, or to be undertaken, not later than 30 June 1985, in relation to the project shall be treated, for the purpose of this Act and of any agreement entered into by the approved authority of the school or the approved authority of the non‑government body, as an amount so applied for the purpose of meeting expenditure, in respect of commitments already undertaken, or to be undertaken, not later than 31 December 1984, in relation to the project.

(7) In paragraph (3)(c):

approved purpose, in relation to an asset, means:

(a) the purpose for which the asset was intended to be used when, under section 41, the Commonwealth Education Minister approved the project relating to the asset; or

(b) a purpose approved by the Commonwealth Education Minister.

prescribed period, in relation to a project approved under section 41, means:

(a) except where paragraph (b) applies—the period of 20 years commencing on the day on which the project is completed; or

43 Limits on grants under section 42

The Minister shall not authorize payments to the States under section 42 that exceed, in the aggregate:

(a) in relation to projects approved in connection with government schools other than projects administered by non‑government bodies in connection with such schools—$5,235,000; and

(b) in relation to projects approved in connection with non‑government schools and to projects, approved in connection with government schools, being projects administered by non‑government bodies—$2,094,000.

Part V—Joint government and non‑government schools programs

44 Grants for recurrent expenditure in connection with multicultural education

(1) Subject to section 45, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with multicultural education provided in the State, of such amounts as the Minister determines.

(3) Financial assistance is granted to a State under this section on condition that the State will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of that financial assistance as is applied for the purpose of meeting expenditure of the kind referred to in subsection (1) being expenditure in connection with co‑educational schools in the State, are, as far as practicable, equally available to male students and female students at those schools.

45 Limits on grants under section 44

The Minister shall not authorize payments to a State under section 44 that exceed, in the aggregate, the amount specified in column 2 of Part I of Schedule 12 opposite to the name of the State.

46 Approval of multicultural education projects of national significance

(1) Where:

(a) a project is being, or is to be, carried out in Australia with the sole or principal object of promoting multicultural education in Australia; and

(b) the Minister is of the opinion that the project is of national significance and that it is desirable that assistance in connection with the project be provided under section 47;

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

(2) A reference in this section to multicultural education shall be read as including a reference to education in English as a second language.

47 Grants for expenditure in relation to approved multicultural education projects of national significance

(1) Subject to section 48, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a project that is being, or is to be, carried out by or in the State and has been approved under section 46 (including a project that is being, or is to be, carried out together 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 1984, for the purpose of meeting expenditure in relation to the project; and

48 Limit on grants under section 47

The Minister shall not authorize payments to the States under section 47 that exceed, in the aggregate, the amount specified in Part II of Schedule 12.

49 Approval of bodies as approved ethnic schools authorities

Where the Minister is satisfied that a body, whether incorporated or unincorporated, is providing, or proposes to provide, a program of ethnic education, the Minister may approve that body as an approved ethnic schools authority for the purposes of this Act.

50 Approval of programs of ethnic education and determination of levels of funding

(1) Where an approved ethnic schools authority is providing or proposes to provide, during the year 1984, otherwise than for profit, a program of ethnic education, the Minister may approve that program as an approved program of ethnic education of that authority for the purposes of section 51.

(2) Where the Minister approves a program of ethnic education of an approved ethnic schools authority for the purposes of section 51, the Minister shall determine an amount (not exceeding $32) to be the level at which financial assistance is to be provided under section 51 to the approved ethnic schools authority in respect of each student undertaking the program for the purpose of meeting recurrent expenditure of that authority in connection with the provision of the program in the year 1984.

(3) Without limiting the matters to which the Minister may have regard in deciding for the purposes of subsection (1) whether to approve a program of ethnic education or in determining a level of assistance in respect of such a program under subsection (2), the Minister shall have regard to:

(a) the nature of the program;

(b) the number of hours per week during which direct instruction is being, or is to be, given to students under the program; and

(4) The Minister shall not approve a program of ethnic education of an approved ethnic schools authority under subsection (1) unless the Minister is satisfied that:

(a) that program is open to persons irrespective of their ethnic origin;

(b) except in so far as the program is being, or is to be, provided in a school that is not a co‑educational school—the program is open to persons irrespective of their sex;

(c) no other financial assistance has been or will be provided by the Commonwealth towards the recurrent expenditure of the authority on the program; and

(d) the approved ethnic schools authority has complied with any conditions that were binding on the authority under an agreement of the kind referred to in paragraph 39(2)(b) of the States Grants (Schools Assistance) Act 1982.

51 Grants for approved programs of ethnic education

(1) The Minister may before 1 April 1985 authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved ethnic schools authority in providing, in that State, in the year 1984, an approved program of ethnic education, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of the amount that is determined by the Minister under section 50 to be the level at which financial assistance is to be provided to the approved ethnic schools authority in respect of each student undertaking the program and the number in relation to the program (not being a number greater than the greatest number of students enrolled in the program) that is ascertained, in accordance with a method determined by the Minister, by writing signed by the Minister, for the purposes of this section, by reference to the numbers of students attending lessons in the program conducted during the relevant period or the relevant periods, as the case may be, in relation to the program.

(2) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved ethnic schools authority in connection with the provision, in the State, in the year 1984, of approved programs of ethnic education on the conditions that:

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

(b) the State will not make a payment to an approved ethnic schools authority under this section unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the approved ethnic schools authority has agreed with the Commonwealth to be bound by the following conditions:

(i) the approved ethnic schools authority will ensure that an amount equal to the sum of the amounts paid to the authority under this section is applied for the purpose of meeting recurrent expenditure of the authority in connection with the provision of approved programs of ethnic education of that authority in the State in the year 1984;

(ii) the approved ethnic schools authority will cause to be furnished to the Commonwealth Education Minister (not later than 31 March 1985 or such later date as the Commonwealth Education Minister approves):

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

(B) a statement in writing that contains such information in respect of recurrent expenditure of the authority, and such other financial and statistical information, in respect of the approved programs of ethnic education of that authority, as is required by the Commonwealth Education Minister to be so furnished;

(iii) the approved ethnic schools authority will, in relation to each approved program of ethnic education of the authority, comply with such other conditions (if any) as are specified in the approval of the program under section 50;

(iv) if the approved ethnic schools authority does not fulfil a condition specified in subparagraph (i) or (ii) or in accordance with subparagraph (iii), the authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the authority under this section) as the Commonwealth Education Minister determines should be paid by the authority.

(3) In this section, a reference to a relevant period, in relation to a program of ethnic education, shall be construed as a reference to any period commencing and concluding during the year 1984 that the Minister determines, by writing signed by the Minister, to be a relevant period in respect of that program or in respect of a class of programs of ethnic education in which that program is included.

52 Grants for expenditure in connection with the education of students receiving primary education or secondary education in prescribed country areas

(1) Subject to section 53, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with the education of students receiving primary education or secondary education in prescribed country areas in the State, of such amounts as the Minister determines.

(a) recurrent expenditure, in respect of the year 1984, in connection with the education of students receiving primary education or secondary education in prescribed country areas in the State; or

(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1984, in relation to minor building projects, or minor equipment projects, in connection with the education of students receiving primary education or secondary education in prescribed country areas in the State, being projects:

(i) the total expenditure in relation to each of which is, or will be, less than $30,000; or

(ii) that are approved by the Minister for the purposes of this section.

(3) Financial assistance to a State in respect of expenditure in connection with the education of students receiving primary education or secondary education in prescribed country areas of the State is granted to the State under this section on the condition that the State will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of the amount of that financial assistance as is applied for the purpose of meeting expenditure in connection with that education in co‑educational schools, are, as far as practicable, equally available to male students and female students at these schools.

53 Limits on grants under section 52

The Minister shall not authorize payments to a State under Section 52 that exceed, in the aggregate, the amount specified in column 4 of Schedule 4 opposite to the name of the State.

54 Grants for recurrent expenditure in connection with the education of children residing in residential institutions

(1) Subject to section 55, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with the education of children residing in residential institutions in the State, of such amounts as the Minister determines.

(3) Financial assistance is granted to a State under this section on the condition that the State will ensure that the benefits of, and the opportunities created by, the application of an amount equal to so much of the amount of that financial assistance as is applied for the purpose of meeting expenditure in connection with the education of children residing in residential institutions catering for both male children and female children, are, as far as practicable, equally available to male children and female children residing in those institutions.

55 Limits on grants under section 54

The Minister shall not authorize payments to a State under section 54 that exceed, in the aggregate, the amount specified in column 2 of Schedule 13 opposite to the name of the State.

56 Approval of programs for education of severely handicapped children

(1) Where a program for, or in connection with, the education of severely handicapped children is being, or is to be, carried out by or in a State, the Minister may approve the program for the purposes of section 57.

(2) The Minister shall not approve a program under subsection (1) unless the Minister is satisfied that, except in so far as the program is to be carried on in a school other than a co‑educational school or in an institution that caters for the needs of children of only one sex, the benefits of, and the opportunities created by, the program will, as far as practicable, be equally available to male children and female children.

57 Grants for expenditure in relation to approved programs for education of severely handicapped children

(1) Subject to section 58, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a program that is being, or is to be, carried out by or in the State and has been approved by her under section 56, of such amounts as the Minister determines.

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

(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section in relation to the program is applied by the State, in respect of commitments already undertaken or to be undertaken not later than 31 December 1984, for the purpose of meeting expenditure in relation to the program; and

58 Limits on grants under section 57

The Minister shall not authorize payments to a State under section 57 that exceed, in the aggregate, the amount specified in column 3 of Schedule 13 opposite to the name of the State.

59 Grants for recurrent expenditure in connection with approved professional development activities

(1) Subject to section 60, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in connection with approved professional development activities, of such amounts as the Minister determines.

(3) In this section:

(a) a reference to expenditure in connection with approved professional development activities shall be read as not including a reference to expenditure in connection with the remuneration of teachers attending approved professional development activities unless the approved professional development activities are activities in which teachers at government schools and teachers at non‑government schools are eligible to participate;

(b) a reference to expenditure in connection with approved professional development activities shall be read as not including a reference to expenditure in connection with the replacement of teachers during a period when they are attending approved professional development activities unless the approved professional development activities:

(i) are activities in which teachers at government schools and teachers at non‑government schools are eligible to participate; and

(ii) relate to:

(A) education of the kind referred to in subsection 10(1), 12(1), 15(1), 26(1), 27(1), 29(1), 30(1), 34(1), 44(1), 52(1), 54(1) or 56(1) of this Act;

(B) projects or programs approved under section 17 or 36 of this Act or under the States Grants (Education Assistance—Participation and Equity) Act 1983;

(C) projects or programs related to the education of peoples of the aboriginal race of Australia or to the education of female children; or

(D) such other matters as the Minister from time to time approves; and

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

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

(4) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of subsection 47(3) of the States Grants (Schools Assistance) Act 1982, the declaration shall, on and after that day, be deemed to be a declaration made under subsection (3) of this section.

60 Limits on grants under section 59

(1) The Minister shall not authorize payments to a State under section 59, by way of financial assistance to the State in respect of recurrent expenditure in connection with approved professional development activities, other than approved professional development activities of the kind referred to in subsection (2), that exceed, in the aggregate, the amount specified in column 2 of Part I of Schedule 14 opposite to the name of the State.

(2) The Minister shall not authorize payments to the States under section 59 by way of financial assistance to the States in respect of recurrent expenditure in connection with approved professional development activities involving:

(a) the temporary transfer of teachers at government schools or non‑government schools in Australia to different schools in Australia or New Zealand or otherwise than to such schools 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 during temporary transfer; or

(b) the provision of assistance to parents of students 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;

that exceed, in the aggregate, the amount specified in Part II of Schedule 14.

61 Grants for expenditure of approved education centres

(1) Subject to section 62, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure of an approved education centre in the State, of such amounts as the Minister determines.

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

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

(b) the State will not make a payment to the governing body under this section unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the governing body has agreed with the Commonwealth to be bound by the following conditions:

(i) the governing body will ensure that an amount equal to the sum of the amounts paid to the governing body under this section is applied for the purpose of meeting:

(A) recurrent expenditure, in respect of the year 1984, of the approved education centre; or

(B) expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1984, in relation to building projects, or equipment projects, in connection with the approved education centre, being projects that are approved by the Minister for the purposes of this section;

(ii) the governing body will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):

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

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

(iii) if the governing body does not fulfil a condition specified in subparagraph (i) or (ii), the governing body will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the governing body under this section) as the Commonwealth Education Minister determines should be paid by the governing body.

62 Limit on grants under section 61

The Minister shall not authorize payments to the States under section 61 that exceed, in the aggregate, the amount specified in column 3 of Schedule 10.

63 Approval of projects or programs of national significance

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

(a) a project or program is being, or is to be, carried out in Australia with the sole or principal object of promoting change or innovation in, or any matter relating to, primary education or secondary education in Australia or of improving the experience, knowledge or skills of teachers and other persons in relation to primary education or secondary education in Australia; and

(b) the Minister is satisfied that the project or program is of national significance and that it is desirable that assistance in connection with the project or program be provided under section 64;

the Minister may approve the project or program for the purposes of that section.

(2) The Minister shall not approve a project or program under subsection (1) unless the Minister is satisfied that in so far as the project or program is being, or is to be, carried on in a co‑educational school, the benefits of, and the opportunities created by, the project or program are, or will be, as far as practicable, equally available to male students and female students at the school.

64 Grants for expenditure in relation to projects or programs of national significance

(1) Subject to section 65, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in relation to a project or program that is being, or is to be, carried out by or in the State and has been approved by him under section 63 (including a project or program that is being, or is to be, carried out together with, or as part of, a project or program, as the case may be, that is being, or is to be, carried out by or in another State or by the Commonwealth or in a Territory), of such amounts as the Minister determines.

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

65 Limit on grants under section 64

The Minister shall not authorize payments to the States under section 64 that exceed, in the aggregate, the amount specified in column 4 of Schedule 10.

66 Additional conditions to which grants of financial assistance under Part subject

(1) Financial assistance is granted to a State under section 44, 52, 54 or 59 on the additional condition that the State will cause to be furnished to the Minister (not later than 30 June 1985 or such later date as the Minister approves in relation to the grant):

(a) a certificate by an authorized person to the effect that the person has satisfied himself that the condition specified in subsection 44(2), 52(2) or 54(2), as the case may be, has been fulfilled; and

(b) a statement, in accordance with a form approved by the Minister, that summarizes the manner in which the amount applied by the State in pursuance of the condition so specified has been so applied.

(2) Financial assistance is granted to a State under a section contained in this Part on the additional condition that, if the State does not fulfil a condition specified in this Part with respect to that grant, 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.

(3) Financial assistance is granted to a State under section 44, 52, 54, 56, 59 or 61 on the additional condition that, if the State establishes, or proposes to establish, a committee of persons (by whatever name described) for the sole or principal purpose of providing advice in respect of the distribution of financial assistance granted under one or more of those sections, the State Education Minister will, before making any appointment or further appointment to that committee, consult the Commonwealth Education Minister with respect to the criteria for making appointments to that committee.

(4) Nothing in this Act shall be taken to authorize the recovery by the Commonwealth in respect of financial assistance granted to a State under a section contained in this Part of any amount from that State or of any amount under an agreement entered into for the purposes of a condition specified in that section in respect of that financial assistance if the aggregate of that amount and any amount previously recovered from that State in respect of that financial assistance, or previously recovered under such an agreement entered into in relation to that financial assistance would exceed, in the aggregate, the amount of that financial assistance.

Part VI—Miscellaneous

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

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

68 Amounts repayable by the States to the Commonwealth

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.

69 Advances

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

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

Payments to a State under this Act may be made out of:

(a) in the case of payments under section 6, 21 or 42 and advances under section 69 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.

72 Authority to borrow

The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act 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 6, 21 and 42 of this Act.

73 Application of moneys borrowed

Moneys borrowed under section 72 shall be issued and applied only for the expenses of borrowing and:

(a) for the purpose of making payments to the States under section 6, 21 or 42;

(b) for the purpose of making advances under section 69 on account of payments of that kind; and

74 Reimbursement of Consolidated Revenue Fund from Loan Fund

(1) Where a payment under section 6, 21 or 42, or an advance under section 69 on account of a payment of that kind, has been made out of the Consolidated Revenue Fund, the Minister for Finance may authorize the payment to the Consolidated Revenue Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(2) In any statement prepared by the Minister for Finance under section 50 of the Audit Act 1901, amounts paid to the Consolidated Revenue Fund under subsection (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

75 Appropriation

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

76 Delegation by Minister

(1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to an officer of the Australian Public Service all or any of the Minister’s powers under this Act, other than this power of delegation.

(2) A power so delegated, when exercised by the delegate 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.

77 Determinations to be in writing etc.

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

78 Report by Minister

The Minister shall, as soon as practicable after 30 June 1985, 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.

79 Regulations

The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Schedule 1—Government Schools—Building and Equipment Projects

Section 7

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7
Name of State	General capital	Prescribed purpose referred to in paragraph (a) of definition of prescribed purpose	Prescribed purpose referred to in paragraph (b) of definition of prescribed purpose	Prescribed purpose referred to in paragraph (c) of definition of prescribed purpose	Prescribed purpose referred to in paragraph (d) of definition of prescribed purpose	Totals
	$	$	$	$	$	$
New South Wales	32,070,000	7,429,000	4,849,000	3,970,000	4,274,000	52,592,000
Victoria	23,789,000	5,955,000	3,626,000	2,968,000	3,264,000	39,602,000
Queensland	16,436,000	2,833,000	2,280,000	1,867,000	2,111,000	25,527,000
Western Australia	8,994,000	1,861,000	1,292,000	1,058,000	1,201,000	14,406,000
South Australia	8,372,000	1,891,000	1,289,000	1,055,000	1,189,000	13,796,000
Tasmania	2,794,000	585,000	429,000	351,000	402,000	4,561,000
Northern Territory	1,102,000	387,000	148,000	120,000	124,000	1,881,000
Totals	93,557,000	20,941,000	13,913,000	11,389,000	12,565,000	152,356,000

Schedule 2—Government schools—recurrent expenditure

Section 9

Column 1	Column 2
Name of State	Amounts $
New South Wales	113,680,000
Victoria	85,007,000
Queensland	53,464,000
Western Australia	30,304,000
South Australia	30,238,000
Tasmania	10,047,000
Northern Territory	3,457,000
Total	326,197,000

Schedule 3—Government schools—general education in English as a second language

Section 11

Column 1	Column 2
Name of State	Amounts $
New South Wales	15,576,000
Victoria	14,536,000
Queensland	2,564,000
Western Australia	3,417,000
South Australia	4,035,000
Tasmania	521,000
Northern Territory	366,000
Total	41,015,000

Schedule 4—Disadvantaged schools and prescribed country areas

Sections 14, 33 and 53

Column 1	Column 2	Column 3	Column 4	Column 5
Name of State	Disadvantaged government schools	Disadvantaged non‑government schools	Prescribed country areas	Totals
	$	$	$	$
New South Wales	10,632,000	2,141,000	2,536,000	15,309,000
Victoria	9,073,000	2,306,000	1,499,000	12,878,000
Queensland	3,145,000	479,000	2,434,000	6,058,000
Western Australia	2,497,000	411,000	1,790,000	4,698,000
South Australia	2,588,000	272,000	1,055,000	3,915,000
Tasmania	739,000	78,000	351,000	1,168,000
Northern Territory	778,000	28,000	376,000	1,182,000
Totals	29,452,000	5,715,000	10,041,000	45,208,000

Schedule 5—Special education (including integration activities)

Sections 15, 16, 34 and 35

Column 1	Column 2	Column 3	Column 4	Column 5
Name of State	Government special education (including government integration activities)	Government integration activities	Non‑government special education (including non‑government integration activities)	Non‑government integration activities
	$	$	$	$
New South Wales	7,497,000	479,000	1,992,000	139,000
Victoria	5,606,000	358,000	1,845,000	128,000
Queensland	3,525,000	225,000	849,000	59,000
Western Australia	1,998,000	127,000	418,000	29,000
South Australia	1,993,000	127,000	374,000	26,000
Tasmania	664,000	43,000	51,000	9,000
Northern Territory	229,000	15,000	12,000	2,000
Totals	21,512,000	1,374,000	5,541,000	392,000

Schedule 6—Government schools—computer education

Section 18

Column 1	Column 2
Name of State	Government schools year commencing 1 January 1985 $
New South Wales	1,597,000
Victoria	1,325,000
Queensland	699,000
Western Australia	462,000
South Australia	498,000
Tasmania	247,000
Northern Territory	141,000
Totals	4,969,000

Schedule 7—Non‑government schools—building and equipment projects

Section 22

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Name of State	General capital	Prescribed purpose referred to in paragraph (a) of definition of prescribed purpose	Prescribed purpose referred to in paragraph (b) of definition of prescribed purpose	Prescribed purpose referred to in paragraph (c) of definition of prescribed purpose	Total
	$	$	$	$	$
New South Wales	12,478,000	1,523,000	1,849,000	1,403,000	17,253,000
Victoria	10,747,000	1,531,000	1,803,000	1,396,000	15,477,000
Queensland	6,843,000	492,000	789,000	670,000	8,794,000
Western Australia	3,200,000	307,000	389,000	331,000	4,227,000
South Australia	2,573,000	238,000	347,000	278,000	3,436,000
Tasmania	1,052,000	74,000	116,000	92,000	1,334,000
Northern Territory	664,000	23,000	33,000	18,000	738,000
Totals	37,557,000	4,188,000	5,326,000	4,188,000	51,259,000

Schedule 8—Recurrent expenditure—levels of assistance for non‑government schools

Sections 23 and 24

Column 1	Column 2	Column 3
Level of assistance	Amounts per primary school student	Amounts per secondary school student
	$	$
1a	273	432
1b	363	576
2	549	872
3	746	1,186

Schedule 9—Non‑systemic schools—supplementary establishment grants

Section 24

Column 1	Column 2	Column 3
Year	Amounts per primary school student	Amounts per secondary school student
	$	$
1981	45	72
1982	91	144
1983	136	216
1984	182	288

Schedule 10—Miscellaneous grants

Sections 25, 28, 62 and 65

Column 1	Column 2	Column 3	Column 4
Total of all additional grants under sections 23 and 24 for non‑government schools in need of short‑term emergency assistance	Total of all grants under sections 26 and 27 for general education in English as a second language in non‑government schools	Total of all grants under section 61 for approved education centres	Total of all grants under section 64 for projects or programs of national significance
$	$	$	$
632,000	17,630,000	2,350,000	1,785,000

Schedule 11—Non‑government schools—computer education

Section 39

Column 1	Column 2
Name of State	Non‑government schools year commencing 1 January 1984
	$
New South Wales	348,000
Victoria	350,000
Queensland	183,000
Western Australia	118,000
South Australia	110,000
Tasmania	73,000
Northern Territory	32,000
Totals	1,214,000

Schedule 12—Multicultural education

Sections 45 and 48

Part I—Amounts of grants to States

Column 1	Column 2
Name of State	Amounts
	$
New South Wales	1,538,000
Victoria	1,216,000
Queensland	706,000
Western Australia	389,000
South Australia	380,000
Tasmania	127,000
Northern Territory	51,000
Total	4,407,000

Part II—Grants in relation to approved multicultural education projects of national significance

TOTAL OF GRANTS—$391,000

Schedule 13—Residential institutions and severely handicapped children

Sections 55 and 58

Column 1	Column 2	Column 3
Name of State	Residential institutions	Severely handicapped children
	$	$
New South Wales	785,000	1,240,000
Victoria	621,000	967,000
Queensland	362,000	610,000
Western Australia	199,000	335,000
South Australia	194,000	309,000
Tasmania	64,000	107,000
Northern Territory	22,000	38,000
Totals	2,247,000	3,606,000

Schedule 14—Professional development activities

Section 60

Part I—Amounts of grants to states

Column 1	Column 2
Name of State	Amounts
	$
New South Wales	3,824,000
Victoria	2,694,000
Queensland	2,082,000
Western Australia	929,000
South Australia	867,000
Tasmania	283,000
Northern Territory	133,000
Total	10,812,000

Part II—Grants in relation to approved professional development activities for special purposes

TOTAL OF GRANTS—$177,000

Notes to the States Grants (Schools Assistance) Act 1983

Note 1

The States Grants (Schools Assistance) Act 1983 as shown in this compilation comprises Act No. 119, 1983 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
States Grants (Schools Assistance) Act 1983	119, 1983	21 Dec 1983	21 Dec 1983
States Grants (Schools Assistance) Amendment Act 1984	49, 1984	25 June 1984	25 June 1984		S. 9
as amended by
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 3 (item 71): 25 June 1984 (a)		—
States Grants (Schools Assistance) Act 1984	126, 1984	25 Oct 1984	Ss. 95‑100 and 103: 21 Dec 1983 Remainder: Royal Assent		S. 105
States Grants (Schools Assistance) Legislation Amendment Act 1985	60, 1985	4 June 1985	4 June 1985		—
Employment, Education and Training Act 1988	80, 1988	24 June 1988	1 July 1988 (see Gazette 1988, No. S190)		—
Statute Stocktake Act 1999	118, 1999	22 Sept 1999	22 Sept 1999		Sch. 1 (item 5)

(a) The States Grants (Schools Assistance) Amendment Act 1984 was amended by Schedule 3 (item 71) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

S. 3....................	am. No. 49, 1984 (as am. by No. 43, 1996); No. 80, 1988
S. 5....................	am. Nos. 49 and 126, 1984
Ss. 17, 18................	am. No. 126, 1984
S. 34...................	am. No. 60, 1985
Ss. 36‑39.........	am. No. 126, 1984
S. 41...................	am. No. 49, 1984
S. 42...................	am. Nos. 49 and 126, 1984
S. 43...................	am. No. 49, 1984
S. 50...................	am. No. 126, 1984
S. 70...................	rep. No. 126, 1984
S. 76...................	am. No. 80, 1988
Schedules 1‑4......	rs. Nos. 49 and 126, 1984
Schedule 5...............	rs. Nos. 49 and 126, 1984; No. 60, 1985
Schedules 6, 7............	rs. Nos. 49 and 126, 1984
Schedules 8, 9............	rs. No. 126, 1984
Schedules 10‑14....	rs. Nos. 49 and 126, 1984



Legislation content

Part I—Preliminary

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Interpretation

4 Schools and areas with respect to which special provision is made etc.

5 Determination of levels of funding for eligible new arrivals

Part II—Government schools programs

6 Grants for building projects and equipment projects in connection with government schools

7 Limits on grants under section 6

8 Grants for recurrent expenditure in connection with government schools

9 Limits on grants under section 8

10 Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with government schools

11 Limits on grants under section 10

12 Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with government schools

13 Grants for expenditure in connection with government disadvantaged schools

14 Limits on grants under section 13

15 Grants for expenditure in connection with special education at government schools etc.

16 Limits on grants under section 15 etc.

17 Grants for expenditure in connection with programs of computer education at government schools etc.

18 Limits on grants under section 17

19 Additional conditions to which grants of financial assistance under Part subject

Part III—Non‑government schools programs

20 Approval of building projects and equipment projects in connection with non‑government schools

21 Grants for building projects and equipment projects in connection with non‑government schools

22 Limits on grants under section 21 etc.

23 Grants for recurrent expenditure of systemic schools

24 Grants for recurrent expenditure of non‑systemic schools

25 Limit on additional grants for schools in need of short‑term emergency assistance

26 Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with systemic schools

27 Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with non‑systemic schools

28 Limits on grants under sections 26 and 27

29 Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with systemic schools

30 Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with non‑systemic schools

31 Grants for expenditure of systemic disadvantaged schools

32 Grants for expenditure of non‑systemic disadvantaged schools

33 Limits on grants under sections 31 and 32

34 Grants for expenditure in connection with special education at non‑government schools etc.

35 Limits on grants under section 34

36 Approval of programs of computer education in connection with non‑government schools

37 Grants for programs of computer education in connection with systemic schools

38 Grants for programs of computer education in connection with non‑systemic schools

39 Limits on grants under sections 37 and 38

40 Additional condition to which grants of financial assistance under Part subject etc.

Part IV—Supplementary grants for building and equipment projects at schools serving predominantly aboriginal communities

41 Approval of building projects and equipment projects in connection with schools serving predominantly Aboriginal communities

42 Grants for building projects and equipment projects in connection with schools serving predominantly Aboriginal communities

43 Limits on grants under section 42

Part V—Joint government and non‑government schools programs

44 Grants for recurrent expenditure in connection with multicultural education

45 Limits on grants under section 44

46 Approval of multicultural education projects of national significance

47 Grants for expenditure in relation to approved multicultural education projects of national significance

48 Limit on grants under section 47

49 Approval of bodies as approved ethnic schools authorities

50 Approval of programs of ethnic education and determination of levels of funding

51 Grants for approved programs of ethnic education

52 Grants for expenditure in connection with the education of students receiving primary education or secondary education in prescribed country areas

53 Limits on grants under section 52

54 Grants for recurrent expenditure in connection with the education of children residing in residential institutions

55 Limits on grants under section 54

56 Approval of programs for education of severely handicapped children

57 Grants for expenditure in relation to approved programs for education of severely handicapped children

58 Limits on grants under section 57

59 Grants for recurrent expenditure in connection with approved professional development activities

60 Limits on grants under section 59

61 Grants for expenditure of approved education centres

62 Limit on grants under section 61

63 Approval of projects or programs of national significance

64 Grants for expenditure in relation to projects or programs of national significance

65 Limit on grants under section 64

66 Additional conditions to which grants of financial assistance under Part subject

Part VI—Miscellaneous

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

68 Amounts repayable by the States to the Commonwealth

69 Advances

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

72 Authority to borrow

73 Application of moneys borrowed

74 Reimbursement of Consolidated Revenue Fund from Loan Fund