States Grants (Schools Assistance) Act 1988

Act No. 1 of 1989 as amended

Consolidated as in force on 9 May 2000

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

[Note: This Act is repealed by No. 118 of 1999]

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

Contents

Part I—Preliminary

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Interpretation.................................

4 Determinations by Minister........................

4A Recognised temporary entry permits...................

4AA Recognised visas...............................

4B Priority languages..............................

5 Funding of non‑government schools..............

Part II—List of non‑Government schools and systems

6 List of non‑government schools................

7 List of approved school systems......................

Part III—Changes to non‑Government schools and new non‑Government schools

8 Changes to non‑government schools and proposals for new non‑government schools

9 Maximum number of students eligible for general recurrent funding

10 Changes to maximum number of students at request of approved authority

11 Non‑government schools—failure to meet minimum enrolments

Part IV—Government schools programs

12 Grants for capital projects in connection with government schools etc.

13 Grants for general recurrent expenditure of government schools...

14 Grants for recurrent expenditure on ESL courses in government schools

15 Grants for expenditure in connection with government disadvantaged schools

16 Grants for expenditure in connection with special education at government schools and centres

16A Special education schools support—government element.......

17 Variations of Schedule 5..........................

18 Additional conditions of grants under Part................

Part V—Non‑Government schools programs

19 Approval of block grant authorities....................

20 Approval of capital projects for non‑government schools etc.

21 Grants for capital projects for non‑government schools etc.

22 Grants for general recurrent expenditure of non‑government schools

23 Limits on funding where maximum number of students specified..

24 Grants for short‑term emergency assistance for non‑government schools

25 Grants for recurrent expenditure on general education in English as a second language provided in non‑government schools

26 Recurrent expenditure grants: ESL courses in non‑government schools for new arrivals

27 Grants for expenditure of non‑government disadvantaged schools

28 Grants for recurrent expenditure on special education at non‑government schools etc.

28A Special education schools support—non‑government element

29 Additional conditions of grants under Part................

Part VI—Grants for schools serving predominantly Aboriginal or Torres Strait Islander communities

30 Approval of capital projects........................

31 Grants for capital projects in connection with schools serving predominantly Aboriginal or Torres Strait Islander communities

Part VII—Joint programs for Government and non‑Government schools

32 Approval of programs of ethnic education................

33 Grants for programs of ethnic education.................

34 Grants for primary or secondary education in prescribed country areas

34A Grants for national projects assisting secondary education in prescribed country areas

35 Grants for recurrent expenditure for the education of children residing in residential institutions

36 Grants for programs for children with severe disabilities.......

37 Grants for early special education programs...............

37A Special education—intervention support.................

38 Grants for expenditure of approved education centres.........

39 Grants for projects of national significance...............

39A Literacy and learning projects—national element............

39B Literacy and learning projects—general element............

39C School language and literacy program—priority languages incentive element

39D Nominated authority.............................

39E School language and literacy program—community languages element

39F School language and literacy program—literacy and learning national element

39G School language and literacy program—literacy and learning general element

39H Variations of Schedule 20.........................

40 Limit on recovery..............................

Part VIIA—Grants for rural student hostels

40A Approval of capital projects in relation to rural student hostels....

40B Grants for capital projects in relation to rural student hostels.....

40C Conditions of grants—grants for capital projects in relation to State conducted hostels

40D Conditions of grants—grants for capital projects in relation to non‑State conducted hostels

Part VIIB—Grants for award restructuring

40E Approved awards and agreements.....................

40F Award restructuring assistance......................

40G Amount of award restructuring assistance................

40H Conditions of award restructuring assistance..............

40J Publication of details of grants of award restructuring assistance...

Part VIII—Miscellaneous

41 Minister for Finance may fix amounts, and time of payment, of financial assistance

42 Amounts payable by the States to the Commonwealth.........

43 Reductions for false or misleading statements..............

44 Advances...................................

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

46 Authority to borrow.............................

47 Application of money borrowed......................

48 Reimbursement of Consolidated Revenue Fund from Loan Fund..

49 Appropriation................................

50 Delegation..................................

51 Report by Minister..............................

52 Amendment of the Employment, Education and Training Act....

53 Regulations..................................

Schedule 1—Capital projects for Government schools

Part 1—General Projects

Part 2—Projects Assisting Retention

Schedule 2—General recurrent expenditure of Government schools

Part 1—Primary Education

Part 2—Secondary Education

Part 3—Primary Education—Students with Disabilities

Part 4—SecondaryEducation—Students with Disabilities

Schedule 3—Education in English as a second language – Government schools

Part 1—ESL—General Education

Part 2—ESL—New Arrivals

Schedule 4—Disadvantaged Schools

Part 1—1989

Part 2—1990

Part 3—1991

Part 4—1992

Schedule 5—Special education

Part 1—1989

Part 2—1990

Part 3—1991

Part 4—1992

Schedule 6—Non‑Government schools and centres–capital projects

Schedule 7—General recurrent expenditure of non‑Government schools

Part 1—Primary Education

Part 2—Secondary Education

Schedule 8—Establishment grants

Part 1—Non‑Government Primary Schools

Part 2—Non‑Government Secondary Schools

Schedule 9—Short term emergency assistance for non‑Government schools

Schedule 10—Education in English as a second language—non‑Government schools

Schedule 11—Capital projects for schools serving predominantly Aboriginal or Torres Strait Islander communities

Schedule 12—Programs of ethnic education

Schedule 13—Prescribed country areas

Part 1—General Projects

Part 2—National Projects

Schedule 14—Children in residential institutions

Schedule 15—Approved education centres

Schedule 16—Projects of national significance

Schedule 17—Capital projects in relation to rural student hostels

Schedule 18—Literacy and learning

Part 1—National Element

Part 2—General Element

Schedule 19—Award restructuring

Schedule 20—School language and literacy program

Part 1—Priority Languages Incentive Element

Part 2—Community Languages Element

Part 3—Literacy and Learning National Element

Part 4—Literacy and Learning General Element

Notes to the States Grants (Schools Assistance) Act 1988

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

Part I—Preliminary

1 Short title [see Note 1]

This Act may be cited as the States Grants (Schools Assistance) Act 1988.

2 Commencement [see Note 1]

This Act commences on the day on which it receives the Royal Assent.

3 Interpretation

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

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

Aboriginal community school means a school:

(a) that, in the opinion of the Minister, originates from within, and is supported by, a local Aboriginal community having regard to its organisation, management and curriculum; and

(b) at which at least 50% of the students are Aborigines.

additional expenditure means:

(a) in relation to complying with an approved award or agreement in a program year—expenditure in that year of a greater amount than the amount that would have been spent if the award or agreement had not been made; or

(b) in relation to complying with terms or conditions referred to in subsection 40F(3) in a program year—expenditure in that year of a greater amount than the amount that would have been spent if the terms and conditions had not been restructured as mentioned in that subsection;

and, in either case, if the expenditure of an approved authority of an approved school system or of a non‑systemic school in that year on the salary of a principal or a deputy principal of a school is greater than the amount that would have been spent if the award or agreement had not been made, or the terms and conditions had not been restructured, as the case may be—includes that greater expenditure, even if the principal or deputy principal is not covered by the approved award or agreement, or is not subject to the terms and conditions.

approved authority, in relation to a provision of this Act in relation to an approved school system, a non‑government school, a non‑government body administering a program in connection with a government school, a non‑systemic school, a non‑government centre or a rural non‑government student hostel, means the person or body that the Minister, by determination in writing, declares to be the approved authority of that school system, of that school, of that non‑government body, of that centre or of that hostel, as the case may be, for the purposes of that provision.

approved award or agreement means an award approved under section 40E, an agreement approved under that section, part of an award approved under that section or part of an agreement approved under that section.

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

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

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

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

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

(f) that is approved by the Minister by determination in writing as an education centre for the purposes of this Act in relation to that year;

and includes an education centre that was an approved education centre under the former Act immediately before the commencing day and that has not been declared by the Minister by determination in writing not to be approved for the purposes of this Act in relation to that year.

approved ethnic schools authority, in relation to a program year, means a body that is not an approved authority in relation to a provision of this Act and that is providing or proposes to provide a program of ethnic education in that year, being a body:

(a) that was an approved ethnic schools authority in relation to the year commencing on 1 January 1986 under the former Act; or

(b) that the Minister is satisfied should, because of exceptional circumstances, be approved for the purposes of this definition in relation to that program year;

and that is approved by the Minister by determination in writing as an ethnic schools authority in relation to that program year.

approved school system means a school system that is included in the list of approved school systems.

award restructuring assistance means financial assistance under section 40F.

BGA rural student hostel means a rural non‑government student hostel in relation to which there is a block grant authority.

BGA school means a non‑government school in relation to which there is a block grant authority.

block grant authority means:

(a) in relation to a school:

(i) a body corporate in relation to which an approval under section 19 is in force in relation to the school; or

(ii) a body corporate that was, immediately before the commencement of this Act, a block grant authority in relation to the school under the former Act and that has not been declared by the Minister by written determination not to be a block grant authority; and

(b) in relation to a rural student hostel—a body corporate in relation to which an approval under section 19 is in force in relation to the hostel.

body means any body, whether incorporated or unincorporated.

building includes part of a building.

capital project includes a project involving:

(a) investigation of the need for:

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

(ia) schools, non‑government centres or rural student hostels of particular kinds in a particular area; 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;

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

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

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

(h) in the case of a project in connection with a non‑government school or a non‑government centre—the taking on lease of land or buildings.

child with disabilities means:

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

(i) intellectual impairment; or

(ii) sensory impairment; or

(iii) physical impairment; or

(iv) social and emotional impairment; or

(v) multiple impairments;

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

(b) a child with severe disabilities.

child with severe disabilities means:

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

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

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

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

children in residential care means children who:

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

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

(i) counselling;

(ii) education;

(iii) guidance;

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

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

commencing day means the day on which this Act commenced.

community language means:

(a) an Aboriginal language; or

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

but does not include English.

disadvantaged school means a school in respect of which a declaration under subsection 15(1) or 27(1) is in force.

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

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

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

(a) who is:

(i) a permanent resident; or

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

(b) whose first language is a language (not being the English language) of a country other than Australia; and

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

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

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

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

eligible year 12 student has the meaning given by subsections (11) and (12).

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

former Act means the States Grants (Schools Assistance) Act 1984.

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

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

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

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

funding level, in relation to a school or a school system in respect of which financial assistance is provided under this Act in a program year, means the level of assistance specified in column 1 of the parts of Schedule 7 that is applicable to the school or to the system in that year for the purpose of meeting recurrent expenditure.

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

(a) who are:

(i) permanent residents; or

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

(b) whose first language is not English;

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

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

government disadvantaged school means a government school in respect of which a declaration under subsection 15(1) is in force.

government educational institution means an educational institution in a State:

(a) that is not a government school; and

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

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

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

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

level, in relation to education provided at a school, means primary education, junior secondary education or senior secondary education or a year in the course of education of that kind.

list means the list of schools maintained under section 6.

minimum number of students, in relation to a level of education, a combination of levels of education or a school, means the number determined by the Minister under subsection (2) to be the minimum number of students for that level, that combination or that school.

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

nominated authority means a person or body nominated by an aggregation of non‑systemic schools under section 39D.

non‑BGA rural student hostel means a rural non‑government student hostel in relation to which there is not a block grant authority.

non‑BGA school means a non‑government school in relation to which there is not a block grant authority.

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

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

non‑government disadvantaged school means a non‑government school in respect of which a declaration under subsection 27(1) is in force.

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

non‑systemic disadvantaged school means a non‑systemic school in respect of which a declaration under subsection 27(1) is in force.

non‑systemic school means a non‑government school:

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

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

permanent resident means:

(a) an Australian citizen;

(b) a person who is, within the meaning of the Migration Act 1958, the holder of a valid permanent entry permit;

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

prescribed country area means:

(a) an area in a State in respect of which a declaration under subsection 34(1) is in force; or

(b) an area that was, immediately before the commencing day, a prescribed country area under the former Act and that the Minister has not declared to be no longer such an area.

program of ethnic education means a program of instruction that is provided on a part‑time basis the purpose of which is to teach students a language (other than English) that is the first language of Aborigines or of people who have migrated to Australia, whether that program is provided alone or with instruction in the culture of those people, but does not include a program in which political or religious instruction is predominant.

program year means the period of 12 months commencing on 1 January 1989, 1 January 1990, 1 January 1991 or 1 January 1992.

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year.

recognised temporary entry permit means a valid temporary entry permit in respect of which a declaration under section 4A is in force.

recognised visa means a valid visa in respect of which a declaration under section 4AA is in force.

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

residential institution means an institution or home in a State that provides residential care for children and is conducted for welfare, correction, rehabilitation or similar purposes, being an institution or home:

(a) that the Minister, having regard to any advice given to the Minister by the State Minister for the State in which the institution or home is situated, declares, in writing, to be a residential institution for the purposes of this Act; or

(b) that was a residential institution under the former Act immediately before the commencing day and that the Minister has not declared not to be such an institution for the purposes of this Act.

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

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

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

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

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

school in need of short‑term emergency assistance, in relation to a program year, means a non‑government school:

(a) that the Minister is satisfied is, because of any unexpected circumstance, in special need of short‑term emergency assistance in that year; and

(b) that is declared by the Minister by determination in writing to be such a school in relation to that year.

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

school serving a predominantly Aboriginal community means a school that, in the opinion of the Minister, serves a community constituted predominantly by Aborigines or Torres Strait Islanders.

secondary means junior secondary or senior secondary.

special education means education under special programs designed specifically for children with disabilities.

special school means a school in a State that:

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

(b) that provides special education.

State includes:

(a) the Australian Capital Territory; and

(b) the Northern Territory.

State Minister means:

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

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

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

student, in relation to a program of ethnic education approved under section 32 in a program year, means a permanent resident, or a person who is the holder of a recognised temporary entry permit, who:

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

(b) not being a person who has attained, or will, before 1 January in the year following that year, attain, the age of 20 years, is undertaking, either on a full‑time or part‑time basis, technical and further education within the meaning of the Employment, Education and Training Act 1988.

student with disabilities means:

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

(i) intellectual impairment; or

(ii) sensory impairment; or

(iii) physical impairment; or

(iv) social and emotional impairment; or

(v) multiple impairments;

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

(b) a child with severe disabilities.

systemic disadvantaged school means a systemic school in respect of which a declaration under subsection 27(1) is in force.

systemic school means a non‑government school:

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

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

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

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

(2) The Minister may, from time to time, by determination in writing, specify:

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

(b) in respect of special schools;

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

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

(4) For the purposes of this Act, a capital project carried out for purposes connected with a school, an approved education centre, a rural student hostel, a non‑government centre or the education of certain students shall be treated as a capital project notwithstanding that it is also carried out for other educational purposes or for community purposes.

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

(6) Where the Minister is empowered to specify in the list a maximum number of students eligible for general recurrent funding in relation to a school, or in relation to a location in respect of which the school is included in the list, the Minister may specify in the list in relation to the school or the location any one or more of the following:

(a) a maximum number of primary students;

(b) a maximum number of junior secondary students;

(d) a maximum number of special students.

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

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

(9) A school shall not be taken to have changed its location or part of its location if:

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

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

(10) Full fee paying private overseas students shall be disregarded for the purposes of this Act.

(11) For the purposes of this Act, a person is an eligible year 12 student if:

(a) the person was enrolled in the program year 1991 at a government school or at a government educational institution in a State; and

(b) the person in that year was enrolled in and recorded an achievement in an accredited year 12 level course, or in an accredited year 12 level equivalent course, in a language; and

(c) the language is a language in respect of which a declaration under subsection 4B(4) is in force in the State in the program year 1992.

(12) For the purposes of this Act, a person is an eligible year 12 student if:

(a) the person was enrolled in the program year 1991 at a systemic school or at a non‑systemic school in a State; and

(b) a payment under section 22 was made to the State for that year in relation to year 12 students at the systemic or non‑systemic school; and

(c) the person in that year was enrolled in and recorded an achievement in an accredited year 12 level course, or in an accredited year 12 level equivalent course, in a language; and

(d) the language is a language in respect of which a declaration under subsection 4B(4) is in force in the State in the program year 1992.

4 Determinations by Minister

A determination made by the Minister under a provision of this Act takes effect on the day on which the determination was made or on the day specified for the purpose in the determination, and the day of effect may, if the provision so permits, be a day before the making of the determination.

4A Recognised temporary entry permits

(1) The Minister may declare a valid temporary entry permit to be a recognised temporary entry permit for the purposes of this Act.

(2) The declaration must be in writing.

4AA Recognised visas

(1) The Minister may declare a valid visa to be a recognised visa for the purposes of this Act.

(2) The declaration must be in writing.

4B Priority languages

(1) The Minister may make a list of languages that may be priority languages for the purposes of this Act.

(2) The Minister may vary the list.

(3) As soon as practicable after the list is made or varied, the Minister must send a copy of the list or variation to the State Ministers.

(4) A State Minister may declare a language in the list to be a priority language in that State for the purposes of this Act.

5 Funding of non‑government schools

Financial assistance under this Act will only be provided to a State for education at a particular level, or at a particular location, at a non‑government school if the school is included in the list in respect of that level or that location, as the case may be.

Part II—List of non‑Government schools and systems

6 List of non‑government schools

(1) The Minister shall maintain a list of non‑government schools in respect of which financial assistance is provided under this Act.

(2) Subject to subsections (3) and (4), the list shall be kept in such manner as the Minister determines.

(3) The list shall be divided into 2 parts, one relating to systemic schools and the other to non‑systemic schools, and shall contain:

(a) the name of each school (in this subsection called a list school) in respect of which financial assistance is provided under this Act;

(b) the address of each location at which each list school provides education, being education in respect of which financial assistance is provided under this Act;

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

(ii) if more than one location is included in the list under paragraph (b) in relation to a list school—the levels at which education is provided at each of those locations, being levels of education in respect of which financial assistance is provided under this Act;

(d) the funding level of each non‑systemic school included in the list;

(e) the maximum number of students (if any) eligible for general recurrent funding applicable to each list school;

(f) in the case of systemic schools included in an approved school system—the name of the system; and

(g) a statement identifying whether each list school is:

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

(ii) a day school, a boarding school or a day and boarding school.

(4) The list shall also contain:

(a) the schools included in the list of systemic schools in force under the former Act immediately before the commencing day; and

(b) the schools included in the list of non‑systemic schools in force under the former Act immediately before the commencing day.

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

(6) Where a school in a State that is included in the list:

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

(b) becomes conducted for profit;

the Minister may vary the list by removing the school.

(7) Where a non‑systemic school becomes a systemic school, or a systemic school becomes a non‑systemic school, the Minister may, by determination in writing, vary the list and the list of approved school systems to take account of the change.

(8) Where a systemic school becomes a non‑systemic school, the Minister shall, having regard to the need of the school for financial assistance, by determination in writing, determine the funding level of the school and include in the list the level so determined.

(9) A variation under subsection (5), (6), (7), (8) or (10) may be expressed to take effect from a day before the day on which the determination was made.

(10) The Minister may vary the list:

(a) in accordance with another provision of this Act; or

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

(11) Where the Minister varies the list under this section, the Minister shall notify the relevant approved authority in writing accordingly.

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

7 List of approved school systems

(1) The Minister shall maintain a list of approved school systems.

(2) Subject to subsection (3), the list shall be kept in such manner as the Minister determines.

(3) The list shall contain:

(a) the funding level of each system included in the list; and

(b) the school systems included in the list of approved school systems in force under the former Act immediately before the commencing day.

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

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

(6) Where:

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

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

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

(7) A variation under subsection (4), (5), (6) or (8) may be expressed to take effect from a day before the day on which the determination was made.

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

(a) in accordance with another provision of this Act; or

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

(9) Where the Minister varies the list of approved school systems under this section, the Minister shall notify the relevant approved authority in writing accordingly.

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

Part III—Changes to non‑Government schools and new non‑Government schools

8 Changes to non‑government schools and proposals for new non‑government schools

(1) A reference in this section to the approved authority of a school that is not part of an approved school system and is not included in the list, in relation to a change, or a proposal, to which this section applies, is a reference to the person or body principally responsible for the school.

(2) This section applies to a change as a result of which a systemic school or a non‑systemic school will:

(a) change its location;

(b) provide a new level of education at a location at which the school already provides education;

(d) separate into 2 or more schools;

(e) change from a single sex school to a co‑educational school or from a co‑educational school to a single sex school;

(f) change from a day school to a boarding school or to a day and boarding school;

(g) change from a boarding school to a day school or to a day and boarding school;

(h) change from a day and boarding school to a day school or to a boarding school;

(j) become included in the list in respect of an additional level of education in respect of which the school is already providing education; or

(k) become included in the list in so far as it provides education at an additional location, being a location at which the school is already providing education.

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

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

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

(4) Where the approved authority of an approved school system or of a non‑systemic school proposes to make a change referred to in subsection (2), or makes a proposal referred to in subsection (3), the authority shall give to the Minister, not later than 2 years, or such shorter period as the Minister, in special circumstances, may have allowed (in this section called the notification period), before 1 March in the year in which the change is intended to occur or the proposal is intended to take effect, a notice in writing:

(a) setting out particulars of the proposed change or proposal in accordance with a form approved in writing by the Minister; and

(b) requesting the Minister to give provisional approval to the proposed change or proposal.

(5) Where:

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

the Minister shall give provisional approval to the change.

(6) Where:

(a) the approved authority of an approved school system or of a non‑systemic school has notified the Minister (whether under this Act or the former Act) of a proposed change referred to in subsection (2) (other than a change to which subsection (5) applies), or of a proposal referred to in subsection (3), to which this section in the manner specified in subsection (4);

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

(c) the Minister is satisfied that the change or proposal meets the eligibility criteria set out in subsection (7) or (8), as the case may be; and

(d) the Minister is satisfied that, having regard to the matters set out in subsection (9), the change or proposal should be approved;

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

(7) The eligibility criteria referred to in paragraph (6)(c) in relation to a proposed change referred to in subsection (2) are that:

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

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

(c) if the change is of the kind referred to in paragraph (2)(b) or (j)—the school has reasonable prospects of having, within the period of 2 years from the beginning of the year in which the change is proposed to be initiated, a number of students enrolled at the relevant level that is not fewer than the minimum number of students for that level; and

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

(8) The eligibility criteria referred to in paragraph (6)(c) in relation to a proposal referred to in subsection (3) in relation to a school are that:

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

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

(c) the school, or the school in so far as it provides education at a particular level, has reasonable prospects of having, within the period of 2 years from the beginning of the year in which the proposal is intended to take effect, a number of students enrolled at the relevant level that is not fewer than the minimum number of students for that level.

(9) The Minister shall, in deciding whether or not to give provisional approval to a proposed change (other than a change to which subsection (5) applies), or to a proposal, in relation to a school, have regard to:

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

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

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

(10) Subject to subsection (11), where:

(a) the approved authority of an approved school system or of a non‑systemic school makes a change referred to in subsection (2) in relation to a school;

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

(d) if paragraph (7)(c) or (d) is applicable—the school or schools that emerge from the change have a number of students enrolled at the relevant level that is not fewer than the number referred to in that paragraph; and

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

the Minister shall, by determination in writing, vary the list to take account of the change.

(11) The Minister shall not vary the list under subsection (10) in a case where a matter referred to in that subsection occurs after the end of 2 years from the beginning of the year in which the change was proposed to be initiated unless the Minister is satisfied there are exceptional circumstances justifying the variation.

(12) Subject to subsection (13), where:

(a) the Minister has given provisional approval to a proposal referred to in subsection (3) in relation to a school;

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

(c) the school has a number of students enrolled at the relevant level that is not fewer than the minimum number of students for that level;

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

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

the Minister shall, by determination in writing, vary the list to take account of the change.

(13) The Minister shall not vary the list under subsection (12) in relation to a school in a case where a matter referred to in that subsection occurs after the end of 2 years from the beginning of the year in which financial assistance was sought in respect of the school unless the Minister is satisfied there are exceptional circumstances justifying the variation.

(14) Where the Minister varies the list to take account of a change of the kind referred to in paragraph (2)(c) or (d) or of the change involved in a proposal to which this section applies by including in the list a non‑systemic school, or a non‑systemic school in so far as it provides education at a particular level or location, the Minister shall, having regard to the need of the school for financial assistance, determine in writing the funding level of the school and include in the list the level so determined.

(15) A funding level determined under subsection (14) in respect of a new non‑systemic school or a non‑systemic school that was not included in the list before the variation, other than:

(a) a special school;

(b) an Aboriginal community school;

(d) a school the proposal in relation to which was refused provisional approval before 25 May 1988 under the former Act where that decision is later reversed;

shall be any of the levels 1 to 6 specified in column 1 of Schedule 7 and no other level, and the level so determined shall not, at any time, be increased to a level greater than level 6 specified in that column.

(16) Where:

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

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

the Minister may, by determination in writing, remove the school from the list.

(17) Where:

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

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

the Minister shall, by notice in writing given to the approved authority, inform the authority of the decision, stating the reasons for the decision and inviting the authority to make, within such reasonable period as is specified in the notice, submissions in relation to the change or proposal.

(18) Where the approved authority of an approved school system or of a non‑systemic school makes submissions in accordance with subsection (17), the Minister shall reconsider the decision not to give provisional approval to the change or the proposal, taking those submissions into account, and shall notify the authority, in writing, of the decision on reconsideration and of the reasons for the decision.

(19) The reference in paragraph (2)(a) to a change in the location of a school includes a reference to a change in the location of a part of the school.

(20) Where the Minister makes a determination under this section, the Minister shall notify the relevant approved authority of the decision and of the reasons for the decision.

(21) A determination under this section may be expressed to take effect from a day before the day on which the determination was made.

9 Maximum number of students eligible for general recurrent funding

(1) Where the Minister varies the list under subsection 8(10) or (12) in relation to a school, the Minister may, by determination in writing, vary the list by:

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

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

(2) If:

(a) an approved authority makes a change to which section 8 applies in relation to a school; and

(b) the authority did not, whether or not under this Act but before the commencement of the period that is the notification period under that section, notify the Minister, in the manner specified in subsection 8(4), of the proposed change;

the Minister may, by determination in writing, vary the list by:

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

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

(3) Where the Minister makes a determination under this section, the Minister shall notify the relevant approved authority of the decision.

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

10 Changes to maximum number of students at request of approved authority

(1) Where a maximum number of students eligible for general recurrent funding is specified in the list in relation to a systemic school or a non‑systemic school or to a location in respect of which such a school is included in the list, the approved authority may make an application to the Minister, in accordance with a form approved in writing by the Minister, not later than 2 years, or such shorter period as the Minister, in special circumstances, allows, before 1 March in the year in which the proposed variation would take effect for a variation of the list so as to increase or decrease the number so specified.

(2) Where:

(a) the Minister receives an application in accordance with subsection (1) from an approved authority in relation to a proposed variation of the list in relation to a school; and

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

the Minister shall, by determination in writing, vary the list in accordance with the application.

(3) Where:

(a) the Minister receives an application in accordance with subsection (1) from an approved authority in relation to a proposed variation of the list in relation to a school;

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

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

(ii) having regard to the matters set out in subsection (4), the variation should be made;

the Minister shall, by determination in writing, vary the list in accordance with the application.

(4) The Minister shall, in deciding whether or not to make a variation of the list under subsection (3) in relation to a school, have regard to:

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

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

(5) Where:

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

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

the Minister shall, by notice in writing given to the authority, inform the authority of the decision, stating the reasons for the decision and inviting the approved authority to make, within such reasonable period as is specified in the notice, submissions in relation to the proposed variation.

(6) Where the approved authority of an approved school system or of a school makes submissions in relation to a proposed variation after being invited to do so under subsection (5), the Minister shall reconsider the decision not to vary the list in accordance with the application, taking those submissions into account, and shall notify the approved authority, in writing, of the decision on reconsideration and of the reasons for the decision.

(7) Where the Minister makes a determination under this section, the Minister shall notify the relevant approved authority of the decision and of the reasons for the decision.

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

(9) Where:

(a) an approved authority had made a request, in accordance with the former Act, for an increase in the maximum number of students applicable to a systemic school or a non‑systemic school or a location of the school; and

(b) the request had not been determined before the commencement of this section;

the request may be dealt with under this section.

11 Non‑government schools—failure to meet minimum enrolments

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

(a) removing the school from the list; or

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

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

(3) Where the approved authority makes submissions in accordance with subsection (2), the Minister shall reconsider the decision to take action under this section, taking those submissions into account, and shall notify the approved authority, in writing, of the decision on reconsideration and of the reasons for the decision.

Part IV—Government schools programs

12 Grants for capital projects in connection with government schools etc.

(1) Subject to subsection (2), the Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State in respect of a program year, in relation to capital projects in connection with government schools and rural government student hostels in the State, of an amount not exceeding the amount set out opposite to the name of the State in the column of Part 1 of Schedule 1 that relates to that year.

(1A) The Minister may, by determination in writing, authorise payment to a State by way of financial assistance to the State for expenditure for a program year for projects undertaken at secondary level assisting the retention of secondary level students in government schools.

(1B) The total amount paid to a State under subsection (1A) for a program year must not exceed the amount set out opposite the name of the State in the column of Part 2 of Schedule 1 that relates to that year.

(2) The Minister shall not authorise a payment to a State under this section in respect of a program year unless the State has entered into an agreement of a kind specified by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year, being an agreement that sets out conditions on which financial assistance is granted to the State under this section.

(3) Financial assistance is granted to a State under this section on the conditions set out in the agreement and on the additional conditions applicable under section 18.

13 Grants for general recurrent expenditure of government schools

(a) the product of the amount set out in the column of part 1 of Schedule 2 that relates to that year and the number of students (including the full‑time equivalent of part‑time students) receiving primary education at government schools in the State on the schools census day for the State for that year or such other day as the Minister, in special circumstances, determines; and

(b) the product of the amount set out in the column of part 2 of Schedule 2 that relates to that year and the number of students (including the full‑time equivalent of part‑time students) receiving secondary education at government schools in the State on the schools census day for the State for that year or such other day as the Minister, in special circumstances, determines; and

(c) the product of the amount set out in the column of Part 3 of Schedule 2 that relates to the year and the number of students with disabilities (including the full‑time equivalent of part‑time students with disabilities) receiving primary education at government schools in the State on the schools census day for the State for that year or, in special circumstances, on another day determined by the Minister; and

(d) the product of the amount set out in the column of Part 4 of Schedule 2 that relates to the year and the number of students with disabilities (including the full‑time equivalent of part‑time students with disabilities) receiving secondary education at government schools in the State on the schools census day for the State for that year or, in special circumstances, on another day determined by the Minister.

(3) Financial assistance is granted to a State under this section on the conditions set out in the agreement and on the additional conditions applicable under section 18.

14 Grants for recurrent expenditure on ESL courses in government schools

(1) Subject to subsection (4), the Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure in respect of a program year on general education in English as a second language provided at or in connection with government schools in the State, of an amount not exceeding the amount specified opposite to the name of the State in the column of Part 1 of Schedule 3 that relates to that year.

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

(3) The total amount paid to a State under subsection (2) for a program year must not exceed the product of the amount specified in the column of Part 2 of Schedule 3 that relates to that year and the number of persons doing ESL courses as mentioned in subsection (2).

(4) The Minister shall not authorise a payment to a State under subsection (1) or (2) in respect of a program year unless the State has entered into an agreement of a kind specified by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year, being an agreement that sets out conditions on which financial assistance is granted to the State under that subsection.

(5) Financial assistance is granted to a State under this section on the conditions set out in the relevant agreement and on the additional conditions applicable under section 18.

15 Grants for expenditure in connection with government disadvantaged schools

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

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

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

(4) Subject to subsection (5), the Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure or for expenditure on minor capital projects in respect of a program year in connection with government disadvantaged schools in the State, of an amount not exceeding the amount set out opposite to the name of the State in column 2 of the part of Schedule 4 that relates to that year.

(5) The Minister shall not authorise a payment to a State under this section in respect of a program year unless the State has entered into an agreement of a kind specified by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year, being an agreement that sets out conditions on which financial assistance is granted to the State under this section.

(6) Financial assistance is granted to a State under this section on the conditions set out in the agreement and on the additional conditions applicable under section 18.

16 Grants for expenditure in connection with special education at government schools and centres

(1) Subject to subsection (2), the Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure for the program years 1989 and 1990 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 an amount not exceeding the amount set out opposite to the name of the State in column 2 of the part of Schedule 5 that relates to the year concerned.

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

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

(b) on the condition that the State will ensure that not less than the amount set out opposite to the name of the State in column 3 of the part of Schedule 5 that relates to that year is applied by the State:

(i) for the purpose of meeting recurrent expenditure in respect of that year; or

(ii) for the purpose of meeting expenditure, in respect of commitments undertaken not later than 31 December in that year, on minor capital projects;

in connection with integration activities conducted at government schools in the State, or at places of education approved by the Minister 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; and

16A Special education schools support—government element

(1) The Minister may, by determination in writing, authorise the payment to a State for the program year 1991 and subsequent program years of an amount by way of financial assistance to the State for those years for recurrent expenditure in connection with special education, including recurrent expenditure on integration activities and expenditure on minor capital projects in connection with integration activities conducted at government schools in the State, or at places of education approved by the Minister or the State Minister for the purposes of the definition of integration activities in subsection 3(1), being schools or places at which special education is provided by or on behalf of the State.

(2) An amount paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in column 2 of Schedule 5 in relation to the year.

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

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

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

(b) on the additional conditions applicable under section 18.

17 Variations of Schedule 5

(1) Subject to subsection (2), the Minister may, by determination in writing, vary during the program year 1989 or 1990 some or all of the amounts set out in columns 2, 3, 4, 5, 6, 7 and 8 of Part 1 or Part 2 of Schedule 5 respectively.

(1A) Subject to subsection (2), the Minister may, by determination in writing, vary during the program year 1991 or a later program year some or all of the amounts set out, opposite the name of a State, in columns 2, 3 and 4 of the part of Schedule 5 that relates to the year.

(2) The Minister shall not vary amounts set out opposite to the name of a State in columns of the part of Schedule 5 that relates to a year in a way that, after the variation, the total of those amounts is greater or less than the total of those amounts before the variation.

(3) As soon as practicable after making a determination under this section, the Minister shall:

(a) send a copy of the determination to the relevant State Minister; and

(b) cause a copy of the determination to be laid before each House of the Parliament.

18 Additional conditions of grants under Part

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

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

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

(2) Where:

(a) financial assistance:

(i) was granted to a State under a provision of the former Act in connection with government schools; or

(ii) is granted to a State under a provision of this Part in connection with government schools or government schools and rural government student hostels;

(b) under a condition of that grant that corresponds to subsection (1), or under subsection (1), as the case may be, the Minister has determined that the State should repay an amount to the Commonwealth; and

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

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

Part V—Non‑Government schools programs

19 Approval of block grant authorities

The Minister may, by determination in writing, approve a body corporate as a block grant authority in relation to the schools and rural student hostels specified in the approval if the body corporate enters into an agreement of a kind specified by the Minister.

20 Approval of capital projects for non‑government schools etc.

(1) Subject to this section, the Minister may, for the purposes of section 21, approve by instrument in writing a capital project in respect of a program year in connection with a non‑government school a non‑government centre or a rural non‑government student hostel in a State.

(2) If the Minister approves a capital project for a program year:

(a) in connection with a non‑BGA school, a non‑government centre or a non‑BGA rural student hostel; or

(b) in connection with children with disabilities or students with disabilities, being children or students attending a BGA school;

the Minister may specify in the instrument of approval the amount to be paid under section 21 in respect of that project for the year.

(3) The Minister may, from time to time, by determination in writing, vary an amount specified under subsection (2).

(4) The Minister may, by determination in writing, fix the maximum amount to be paid to each block grant authority in respect of a program year in respect of projects approved under subsection (1).

(5) If the Minister approves a capital project for a BGA school or a BGA rural student hostel in respect of a program year or 2 or more program years, the Minister may specify in the instrument of approval the amount to be paid under section 21 in respect of the project for the year, or for each year, as the case requires.

(6) Subject to subsection (7), the relevant block grant authority may, from time to time, by notice in writing given to the Minister, vary an amount specified under subsection (5).

(7) A block grant authority shall not vary an amount in respect of a project in respect of a year under subsection (6) if to do so would have the effect of:

(a) varying the total amount originally specified under subsection (5) or, if the original amount has been varied under subsection (8), the amount as varied, by more than 10%; or

(b) requiring a payment to a block grant authority in respect of that year that exceeds the amount determined in relation to the block grant authority under subsection (4) in respect of that year.

(8) The Minister may, by determination in writing, vary an amount specified under subsection (5) but not so as to require a payment to the block grant authority for a program year that exceeds the amount determined in relation to the authority under subsection (4) for the year.

21 Grants for capital projects for non‑government schools etc.

(1) The Minister may, by determination in writing, authorise the payment to the States under this section, by way of financial assistance to the States in respect of expenditure in respect of a program year in relation to projects approved under section 20 in respect of that year, of amounts not exceeding in the aggregate the amount set out in column 2 of Schedule 6 opposite to that year.

(2) The Minister may, by determination in writing, authorise payment to the States of amounts by way of financial assistance to the States for expenditure for the program years 1989 and 1990 in relation to projects for the benefit of children with disabilities or students with disabilities, being projects approved under section 20 for the year concerned.

(2A) The sum of the amounts paid to the States under subsection (2) for a program year must not exceed the amount set out in column 3 of Schedule 6 opposite the year concerned.

(2B) The Minister may, by determination in writing, authorise payment to the States of amounts by way of financial assistance to the States for expenditure for the program year 1991 and subsequent years in relation to projects for the benefit of children with disabilities or students with disabilities, being projects approved under section 20 for the year concerned.

(2C) The sum of the amounts paid to the States under subsection (2B) for a program year must not exceed the amount set out in column 5 of the part of Schedule 5 that relates to that year.

(2D) The Minister may, by determination in writing, authorise payment to the States by way of financial assistance for expenditure for a program year for projects assisting the retention of students in secondary schools, being projects at secondary level that have been approved under section 20 for that year.

(2E) The sum of the amounts paid to the States under subsection (2D) for a program year must not exceed the amount set out in relation to the year in column 4 of Schedule 6.

(3) Financial assistance is granted to a State under this section in respect of expenditure in relation to projects approved under section 20 in respect of a program year in connection with non‑government schools, non‑government centres or rural non‑government student hostels in the State:

(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay to the relevant block grant authority or approved authority an amount equal to each amount paid to the State under this section and, in making the payment, will describe the amount paid to the authority as a payment made out of money provided to the State by the Commonwealth under this section;

(b) on the condition that the State will not pay to a block grant authority in the State in respect of that year an amount in accordance with paragraph (a) that exceeds the amount determined in relation to the block grant authority under subsection 20(4) in respect of that year;

(c) on the condition that the State will not make a payment to the authority under this section in respect of that year in relation to the project unless the authority has entered into an agreement of a kind determined by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year; and

(d) on the additional conditions applicable under section 29.

(4) The reference in subsection (1) to expenditure on projects approved under section 20 includes, in the case of a block grant authority, a reference to expenditure for administrative purposes.

22 Grants for general recurrent expenditure of non‑government schools

(a) the product of the amount set out in the column of part 1 of Schedule 7 that relates to that year opposite to the funding level of the school system or the school, as the case may be, and the number of students (including the full‑time equivalent of part‑time students) receiving primary education at systemic schools in that system or at that school, as the case may be, on the schools census day for the State for that year or on such other day as the Minister, in special circumstances, determines in writing; and

(b) the product of the amount set out in the column of part 2 of Schedule 7 that relates to that year opposite to the funding level of the school system or the school, as the case may be, and the number of students (including the full‑time equivalent of part‑time students) receiving secondary education at systemic schools in that system or at that school, as the case may be, on the schools census day for the State for that year or on such other day as the Minister, in special circumstances, determines in writing.

(2) Where an amount was payable to the approved authority of an approved school system, or of a non‑systemic school, in a State under paragraph 28(1)(g) or (h) or 29(1)(g) or (h) of the former Act in respect of the year commencing on 1 January 1986 or a later year (in this subsection called the establishment year) in respect of a school, the Minister may, by determination in writing, authorise the payment to the State under this section, by way of financial assistance to the State for recurrent expenditure of the school in respect of a program year (not being a year commencing more than 3 years after the commencement of the establishment year) of an amount not exceeding the sum of:

(a) the product of the amount set out in the column of part 1 of Schedule 8 that relates to that year and the number of students (including the full‑time equivalent of part‑time students) receiving primary education at the school on the schools census day for the State for that year or on such other day as the Minister, in special circumstances, determines in writing; and

(b) the product of the amount set out in the column of part 2 of Schedule 8 that relates to that year and the number of students (including the full‑time equivalent of part‑time students) receiving secondary education at the school on the schools census day for the State for that year or on such other day as the Minister, in special circumstances, determines in writing.

(3) Where a school has been provisionally approved to commence in the year beginning January 1, 1989, the Minister may, by determination in writing, authorise the payment to the State under this section by way of financial assistance to the State for recurrent expenditure of the school in respect of a program year (not being a year commencing more than three years after the commencement of the establishment year) of an amount not exceeding the sum of:

(b) the product of the amount set out in the column of part 2 of Schedule 8 that relates to that year and the number of students (including the full‑time equivalent of part‑time students) receiving secondary education at the school on the census day for the State for that year or on such other day as the Minister, in special circumstances, determines in writing.

(4) Where:

(a) an approved school system was included in the list of approved school systems referred to in section 23 of the States Grants (Schools Assistance) Act 1983; and

(b) the amount specified in column 2 or 3 of Schedule 8 to that Act opposite to the level of assistance in column 1 of that Schedule that was the level of assistance specified in that list for the system is greater than the amount applicable to the system in a program year under paragraph (1)(a) or (b), as the case may be, of this section;

the first‑mentioned amount shall be substituted for that other amount in the application of this section to the system in that program year.

(5) Where:

(a) a non‑systemic school was included in the list of non‑systemic schools referred to in section 24 of the States Grants (Schools Assistance) Act 1983; and

(b) the amount specified in column 2 or 3 of Schedule 8 to that Act opposite to the level of assistance in column 1 of that Schedule that was the level of assistance specified in that list for the school is greater than the amount applicable to the school in a program year under paragraph (1)(a) or (b), as the case may be, of this section;

the first‑mentioned amount shall be substituted for that other amount in the application of this section to the school in that program year.

(6) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved school system, or a school, in the State in a program year:

(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay to the approved authority of the approved school system or of the school, as the case may be, an amount equal to each amount paid to the State under this section in relation to the school system or the school in respect of that year and, in making the payment, will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section;

(b) on the condition that the State will not make a payment to the authority under this section in respect of that year unless the authority has entered into an agreement of a kind determined by the Minister with the Commonwealth in respect of that year, or in respect of a number of years including that year or the Minister is satisfied that factors outside the control of the authority have prevented it from entering into such an agreement; and

(7) Where, during a program year:

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

(b) the level at which financial assistance is payable in respect of the approved school system to which the school belongs exceeds the level at which financial assistance would have been payable in respect of the school if it had remained a non‑systemic school;

the Minister may, having regard to the need of the school and of the school system for financial assistance and to whether the school became a part of the school system primarily for the purpose of improving the quality of the education provided at the school, direct that the amount calculated under subsection (1) in relation to the school system be reduced by the difference between:

(c) the part of that amount that is referrable to the number of students receiving primary education or secondary education at the school in that year; and

(d) the amount that would have been calculated under subsection (1) in relation to the school in respect of that year if the school had remained a non‑systemic school.

(8) If:

(a) an amount is payable to a State for a program year under another subsection of this section (except subsection (2) or (3)) in relation to the number of students receiving education at systemic schools in an approved school system or at a non‑systemic school; and

(b) any of the students are students with disabilities; and

the Minister may, by determination in writing, authorise payment to the State for that year, for the approved authority of the system or the approved authority of the non‑systemic school, of an additional amount equal to the product of:

(d) the number of the students with disabilities; and

(e) the difference between the amount payable under that subsection, in relation to a student, for the system or the non‑systemic school for that year and the amount payable under that subsection for that year in relation to a student receiving education at a school in a system or a non‑systemic school where the level of funding of the system or the non‑systemic school is category 12.

23 Limits on funding where maximum number of students specified

(1) Where:

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

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

the number of students receiving primary, junior secondary, senior secondary or special education, as the case may be, at the school shall, for the purposes of subsections 22(1) and (2), be taken to be that maximum number.

(2) Where:

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

the number of students receiving primary, junior secondary, senior secondary or special education, as the case may be, at the location shall, for the purposes of subsections 22(1) and (2), be taken to be that maximum number.

24 Grants for short‑term emergency assistance for non‑government schools

(1) Subject to subsection (2), if a systemic school or a non‑systemic school in a State is, in relation to a program year, a school in need of short‑term emergency assistance, the Minister may, by determination in writing, authorise the payment to the State, by way of financial assistance to the State to provide short‑term emergency assistance for the school in respect of that year of such amounts as the Minister determines.

(2) The Minister shall not authorise payments under subsection (1) in respect of a program year that exceed, in the aggregate, the amount set out in the column of Schedule 9 that relates to that year.

(3) Financial assistance is granted to a State under subsection (1) in respect of a systemic school or a non‑systemic school in respect of a program year:

(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay to the approved authority of the approved school system or of the school, as the case may be, an amount equal to each amount paid to the State under this section in respect of that school and, in making the payment, will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section;

25 Grants for recurrent expenditure on general education in English as a second language provided in non‑government schools

(1) Subject to subsection (2), the Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure of an approved school system, or of a non‑systemic school, in the State in connection with general education in English as a second language provided at or in connection with systemic schools in the school system, or the school, in respect of a program year of such amounts as the Minister determines.

(2) The Minister shall not authorise payments under subsection (1) in respect of a program year that exceed, in the aggregate, the amount set out in column 2 of Schedule 10 opposite to that year.

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

(b) the State will not make a payment to the approved authority under this section in respect of that year unless the approved authority has entered into an agreement of a kind determined by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year; and

26 Recurrent expenditure grants: ESL courses in non‑government schools for new arrivals

(1) The Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure of an approved school system, or of a non‑systemic school, in the State in respect of a program year in connection with education in English as a second language for eligible new arrivals enrolled in ESL courses beginning or continuing in the program year, being courses provided at or in connection with systemic schools in the school system, or the school, of an amount not exceeding the amount calculated under subsection (2) in relation to the State for that year.

(2) The limit on grants to a State under subsection (1) in a program year is the amount obtained by multiplying the amount set out in column 3 of Schedule 10 opposite to that year by the number of persons who are receiving education to which that subsection applies in that year at or in connection with systemic schools or non‑systemic schools in the State.

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

(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay to the approved authority of the school system or of the school, as the case may be, an amount equal to each amount paid to the State under this section in relation to the school system or the school in respect of that year and, in making the payment, will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section;

27 Grants for expenditure of non‑government disadvantaged schools

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

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

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

(4) The Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure or for expenditure on minor capital projects of:

(a) approved school systems in the State in connection with systemic disadvantaged schools; or

(b) non‑systemic disadvantaged schools in the State;

in respect of a program year of an amount not exceeding the amount set out opposite to the name of the State in column 3 of the part of Schedule 4 that relates to that year.

(5) Financial assistance is granted to a State under this section in respect of a program year for a systemic or a non‑systemic disadvantaged school in the State:

(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay to the relevant approved authority an amount equal to each amount paid to the State under this section in relation to the school in respect of that year and, in making the payment, will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section;

28 Grants for recurrent expenditure on special education at non‑government schools etc.

(1) The Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure or expenditure on minor capital projects in connection with special education provided at or in connection with a non‑government school or non‑government centre in the State, for the program years 1989 and 1990, of an amount not exceeding the amount set out opposite to the name of the State in column 4 of the part of Schedule 5 that relates to the year concerned.

(2) The Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure or expenditure on minor capital projects in connection with special education services provided at or in connection with a non‑government school or non‑government centre in the State, for the program years 1989 and 1990, of an amount not exceeding the amount set out opposite to the name of the State in column 6 of the part of Schedule 5 that relates to the year concerned.

(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 in respect of a program year:

(a) on the condition that, subject to paragraph (c), the State will, as soon as possible, 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 in respect of that year and, in making the payment, will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section;

(b) on the condition that 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 in respect of that year;

(c) on the condition that the State will not make a payment to the approved authority of the school or centre under this section in respect of that year unless the approved authority has entered into an agreement of a kind determined by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year;

(d) on the condition that the State will ensure that the total of all amounts specified by the State for the purposes of paragraph (b) in connection with integration activities conducted by the approved authorities of schools in the State in respect of that year is not less than the amount set out opposite to the name of the State in column 5 of the part of Schedule 5 that relates to that year; and

(e) on the additional conditions applicable under section 29.

28A Special education schools support—non‑government element

(1) The Minister may, by determination in writing, authorise the payment to a State, for the program year 1991 and subsequent program years, of an amount by way of financial assistance to the State for that year for recurrent expenditure, expenditure on integration activities and expenditure on minor capital projects, being expenditure in connection with special education provided at or in connection with a non‑government school, or a non‑government centre, in the State.

(2) An amount paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in column 3 of Schedule 5 in relation to the year.

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

(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay the approved authority of the school or the centre an amount equal to each amount paid to the State under subsection (1) in connection with the school or centre and, when making the payment, will identify the amount paid as a payment made out of money paid to the State by the Commonwealth under subsection (1); and

(b) on the condition that the State will only make a payment to the approved authority of the school or the centre if the approved authority has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind specified by the Minister; and

29 Additional conditions of grants under Part

(1) Financial assistance is granted to a State under a provision of this Part in respect of a program year on the additional conditions that:

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

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

(2) Nothing in this section authorises the recovery by the Commonwealth, in respect of financial assistance granted to a State under a provision of this Part, of any amount from that State under that provision or of any amount under an agreement entered into for the purpose of that provision, if the aggregate of that amount and:

(a) any amount previously recovered from that State under that provision; and

(b) any amount previously recovered under such an agreement;

would exceed the amount of that financial assistance.

(3) Where:

(a) financial assistance:

(i) was granted to a State under a provision of the former Act in connection with non‑government schools; or

(ii) is granted to a State under a provision of this Part for non‑government schools, non‑government centres or rural non‑government student hostels; and

(b) under a condition of that grant that corresponds with subsection (1), or under subsection (1), as the case may be, the Minister has determined that the State should repay an amount to the Commonwealth; and

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

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

Part VI—Grants for schools serving predominantly Aboriginal or Torres Strait Islander communities

30 Approval of capital projects

The Minister may, for the purposes of section 31, approve by instrument in writing a capital project in respect of a program year in connection with a school serving a predominantly Aboriginal community in a State.

31 Grants for capital projects in connection with schools serving predominantly Aboriginal or Torres Strait Islander communities

(1) Subject to subsection (2), the Minister may, by determination in writing, authorise the payment to the States under this section, by way of financial assistance to the States in respect of a program year, in relation to projects approved under section 30 in respect of that year, of an amount not exceeding the sum of:

(a) the amount set out in column 2 of Schedule 11 opposite to that year in relation to government schools; and

(b) the amount set out in column 3 of Schedule 11 opposite to that year in relation to non‑government schools.

(2) The Minister shall not authorise a payment to a State under this section in respect of a program year in relation to a project in connection with a government school (other than a project administered by a non‑government body) unless the State has entered into an agreement of a kind specified by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year, being an agreement that sets out conditions on which financial assistance is granted to the State under this section in relation to projects of that kind.

(3) Financial assistance is granted to a State under this section in relation to a project approved under section 30 in connection with a government school (other than a project administered by a non‑government body):

(a) on the conditions set out in the agreement referred to in subsection (2); and

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) specified for fulfilment of the condition:

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

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

(4) Financial assistance is granted to a State under this section in relation to a project in connection with a non‑government school or a project in connection with a government school that is adminstered by a non‑government body:

(a) on the condition that, subject to paragraph (c), the State will, as soon as possible, pay to the approved authority of the school or body 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 as a payment in relation to the project made out of money provided to the State by the Commonwealth under this section;

(b) on the condition that, if the State does not fulfil the condition referred to in paragraph (a), the State will, if the Minister so determines, repay to the Commonwealth an amount (not being greater than the sum of the amounts of financial assistance paid to the State under this section in respect of that year in connection with that project) as the Minister specifies in the determination;

(d) on the condition that, if the authority does not fulfil an obligation under the agreement, the Minister may delay the making of any further payment to the State in respect of the authority under this Act until the authority fulfils that obligation.

(5) Nothing in subsection (4) authorises the recovery by the Commonwealth, in respect of financial assistance granted to a State under this section, of any amount from that State under that subsection or of any amount under an agreement entered into for the purpose of that subsection, if the aggregate of that amount and:

(a) any amount previously recovered from that State under that subsection; and

(b) any amount previously recovered under such an agreement;

would exceed the amount of that financial assistance.

Part VII—Joint programs for Government and non‑Government schools

32 Approval of programs of ethnic education

(1) Subject to this section, the Minister may, by determination in writing, approve a program of ethnic education provided, otherwise than for profit, by a body that is an approved ethnic schools authority in a program year.

(2) The Minister shall not approve a program under subsection (1) unless the Minister is satisfied that:

(a) the program is the same as, or substantially the same as, a program that was approved under subsection 60(1) of the former Act in respect of the year commencing on 1 January 1986; or

(b) there are exceptional circumstances justifying the granting of the approval.

(3) Without limiting the matters to which the Minister may have regard in deciding whether to approve a program of ethnic education in respect of a program year or in determining a level of assistance in respect of a program year, the Minister shall have regard to:

(a) the nature of the program;

(b) the number of hours per week during which direct instruction 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 in respect of a program year 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 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 for the program; and

(d) the authority has complied with any obligations that were applicable to the authority in respect of a preceding year, whether under this Act or the former Act.

33 Grants for programs of ethnic education

(1) Subject to subsection (2), the Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure of an approved ethnic schools authority in respect of a program year in providing, in that State in that year, an approved program of ethnic education in respect of that year, of an amount determined by the Minister, being an amount not exceeding the product of:

(a) the amount set out in column 2 of Schedule 12 opposite to that year; and

(b) the number of students applicable to the program under subsection (2).

(1A) A grant is not to be made after the program year 1991.

(2) Subject to subsection (3), the number of students applicable to a program of ethnic education for the purposes of paragraph (1)(b) is:

(a) in the case of a program (in this paragraph called the existing program) that had been approved by the Minister under the former Act in respect of the year commencing on 1 January 1986, or a program that is, in the opinion of the Minister, the same as, or substantially the same as, the existing program—the number applicable to the existing program under paragraph 61(1)(b) of the former Act;

(b) in the case of a program approved by the Minister under subsection 32(1)—a number determined by the Minister in writing; or

(c) if the number of students enrolled in the program is fewer than the number applicable under paragraph (a) or (b), as the case requires—the number of students enrolled in the program.

(3) The Minister may, in exceptional circumstances, determine a number of students applicable to a program that is greater than the number applicable to the program under subsection (2).

(4) Financial assistance is granted to a State under this section in respect of recurrent expenditure of an approved ethnic schools authority in respect of a program year in connection with the provision in the State in that year of an approved program of ethnic education:

(a) on the condition that, subject to paragraph (c), the State will, as soon as possible, pay to the authority an amount equal to each amount paid to the State under this section in relation to the program in respect of that year, and, in making the payment, will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section;

(c) on the condition that the State will not make a payment to the authority under this section in respect of that year unless the authority has entered into an agreement of a kind determined by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year; and

(a) any amount previously recovered from that State under that subsection; and

(b) any amount previously recovered under such an agreement;

would exceed the amount of that financial assistance.

34 Grants for primary or secondary education in prescribed country areas

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

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

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

the Minister may, by determination in writing, declare the area to be a prescribed country area for the purposes of this Act.

(2) Subject to subsection (3), the Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure or expenditure on minor capital projects in respect of a program year in connection with the education of students receiving primary or secondary education in prescribed country areas in the State, of an amount not exceeding the amount set out opposite to the name of the State in the column of Part 1 of Schedule 13 that relates to that year.

(3) The Minister shall not authorise a payment to a State under this section in respect of a program year unless the State has entered into an agreement of a kind specified by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year, being an agreement that sets out conditions on which financial assistance is granted to the State under this section.

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

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

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) specified for fulfilment of the condition:

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

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

34A Grants for national projects assisting secondary education in prescribed country areas

(1) The Minister may approve a project for the purposes of this section if:

(a) the project is to be carried out in Australia and has the sole or principal object of increasing the number of students in prescribed country areas who complete 12 years of schooling; and

(b) the Minister is satisfied that:

(i) the project is of national importance; and

(ii) it is desirable to provide assistance under this section in connection with the project.

(2) The Minister may authorise the payment to a State for the program year 1992 of an amount by way of financial assistance to the State for expenditure in relation to the approved project.

(3) The sum of amounts paid to the States for the program year must not exceed the amount in Part 2 of Schedule 13.

(4) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year.

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

(6) The Minister may only authorise a payment to the State for the program year if the State has entered into the agreement.

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

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

(b) on the condition that, if the State does not fulfil a condition of the agreement with respect to the grant within the time (if any) specified for fulfilment of the condition:

(i) the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination; and

(ii) the Minister may delay making any further payment to the State until the State fulfils the condition.

(8) The amount specified in the determination mentioned in subparagraph (7)(b)(i) is not to exceed the sum of the amounts of financial assistance paid to the State under this section in relation to the project for the program year.

(9) Financial assistance is granted to a State for the program year in relation to an approved project conducted by a person or organisation (other than the State) on the conditions that:

(a) the State will pay, as soon as practicable, the person or organisation an amount equal to each amount paid to the State under subsection (2) in relation to the project; and

(b) when making a payment, the State will identify the amount paid to the person or organisation as a payment made in relation to the project from money granted to the State under this section; and

(c) if the State does not fulfil the condition mentioned in paragraph (a) or (b), the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination; and

(d) the State will only make a payment to the person or organisation if the person or organisation has entered into an agreement with the Commonwealth for that year; and

(e) if the person or organisation does not fulfil a condition of the agreement, the Minister may delay making any further payment to the State under this section in respect of the person or organisation until the person or organisation fulfils that obligation.

(10) The amount specified in a determination mentioned in paragraph 9(c) is not to exceed the sum of the amounts of financial assistance paid to the State under this section in relation to the project for the program year.

(11) The Minister is to determine the conditions of the agreement mentioned in paragraph 9(d).

(12) An approval under subsection (1) and an authorisation under subsection (2) are to be made by determination in writing.

35 Grants for recurrent expenditure for the education of children residing in residential institutions

(1) Subject to subsection (2), the Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure in connection with the education of children residing in residential institutions in the State in respect of a program year of an amount not exceeding the amount set out opposite to the name of the State in the column of Schedule 14 that relates to that year.

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

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

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) specified for fulfilment of the condition:

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

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

36 Grants for programs for children with severe disabilities

(1) Subject to subsection (2), the Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for expenditure on programs for or in connection with the education of children with severe disabilities carried out by or in the State, for the program years 1989 and 1990, of an amount not exceeding the amount set out opposite to the name of the State in column 7 of the part of Schedule 5 that relates to the year concerned.

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

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

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) specified for fulfilment of the condition:

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

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

37 Grants for early special education programs

(1) The Minister may, by determination in writing, approve, for the purposes of this section, a program of early special education for children with disabilities provided by the approved authority of a non‑government school or a non‑government centre in a State in the program years 1989 and 1990.

(2) Subject to subsection (3), the Minister may, by determination in writing, authorise the payment to a State under this subsection, by way of financial assistance to the State for expenditure in relation to programs of early special education for children with disabilities provided in the State in the program years 1989 and 1990, being:

(a) programs approved under subsection (1) in relation to that State in respect of the year concerned; or

(b) programs provided by the State or an instrumentality of the State in the year concerned;

of an amount not exceeding the amount set out opposite to the name of the State in column 8 of the part of Schedule 5 that relates to the year concerned.

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

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

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) specified for fulfilment of the condition:

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

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

37A Special education—intervention support

(1) The Minister may, by determination in writing, authorise the payment to a State, for the program year 1991 and subsequent program years, of an amount by way of financial assistance to the State for special education programs and special education activities provided in that year for children with disabilities, children with severe disabilities and children in residential care.

(2) An amount paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in column 4 of Schedule 5 in relation to the year.

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

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

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

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to the grant within the time (if any) specified for fulfilment of the condition:

(i) the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination, being an amount not exceeding the sum of the amounts paid to the State under subsection (1) for the program year; and

(ii) the Minister may delay making any further payment to the State under subsection (1) until the State fulfils that condition.

38 Grants for expenditure of approved education centres

(2) The Minister shall not authorise payments to the States under subsection (1) in respect of a program year that exceed, in the aggregate, the amount specified in column 2 of Schedule 15 opposite to that year.

(3) Financial assistance is granted to a State under this section in respect of a program year:

(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay to the governing body of the approved education centre an amount equal to each amount paid to the State under this section in respect of that centre and, in making the payment, will describe the amount paid as a payment made out of money provided to the State by the Commonwealth under this section;

(b) on the condition that the State will not make a payment to the governing body under this section in respect of that year unless the governing body has entered into an agreement of a kind determined by the Minister with the Commonwealth in respect of that year, or in respect of a number of years including that year; and

(c) on the condition that, if the State does not fulfil a condition specified in this subsection with respect to that grant:

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

(ii) if the governing body does not fulfil an obligation under the agreement, the Minister may delay the making of any further payment to the State in respect of the approved education centre under this section until the governing body fulfils that obligation.

39 Grants for projects of national significance

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

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

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

the Minister may, by determination in writing, approve the project for the purposes of this section.

(2) Subject to subsections (3) and (4), the Minister may, by determination in writing, authorise the payment to a State under this section, by way of financial assistance to the State for expenditure in respect of a program year in relation to a project approved under subsection (1).

(3) The Minister shall not authorise payments to the States under subsection (1) in respect of a program year that exceed, in the aggregate, the amount set out in column 2 of Schedule 16 opposite to that year.

(4) The Minister shall not authorise a payment to a State under this section in respect of a program year in relation to a project conducted by the State unless the State has entered into an agreement of a kind specified by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year, being an agreement that sets out conditions on which financial assistance is granted to the State under this section.

(5) Financial assistance is granted to a State under this section in relation to a project conducted by a State in respect of a program year:

(a) on the conditions set out in the agreement referred to in subsection (4); and

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) specified for fulfilment of the condition:

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

(6) Financial assistance is granted to a State under this section in relation to a project conducted by a person other than the State in respect of a program year:

(a) on the condition that, subject to paragraph (c), the State will, as soon as possible, pay to the person 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 as a payment in relation to the project made out of money provided to the State by the Commonwealth under this section;

(c) on the condition that the State will not make a payment to the person under this section in respect of that year in relation to the project unless the person has entered into an agreement of a kind determined by the Minister with the Commonwealth in respect of that year or in respect of a number of years including that year; and

(d) on the condition that, if the person does not fulfil an obligation under the agreement, the Minister may delay the making of any further payment to the State in respect of the person under this Act until the person fulfils that obligation.

39A Literacy and learning projects—national element

(1) The Minister may, by determination in writing, approve a project for the purposes of this section if:

(a) the project is to be carried out in Australia with the sole or principal object of enhancing literacy and learning at secondary level; and

(b) the Minister is satisfied that the project is of national importance and that it is desirable to provide assistance under this section in connection with the project.

(2) The Minister may, by determination in writing, authorise the payment to a State, for the 1991 program year, of an amount by way of financial assistance to the State for expenditure in relation to an approved project.

(3) The sum of amounts paid to the States under subsection (2) for the program year must not exceed the amount set out in relation to the year in Part 1 of Schedule 18.

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

(5) Financial assistance is granted to a State under subsection (2) for the program year in relation to an approved project conducted by the State:

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

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to the grant within the time (if any) specified for the fulfilment of the condition:

(i) the State will, if the Minister so determines, repay to the Commonwealth an amount specified by the Minister in the determination, being an amount not exceeding the sum of the amounts of financial assistance paid to the State under subsection (2) for the program year; and

(ii) the Minister may delay making any further payment to the State under subsection (2) until the State fulfils the condition.

(6) Financial assistance is granted to a State under subsection (2) for the program year in relation to an approved project conducted by a person or organisation (except the State):

(a) on the condition that the State will, as soon as practicable, pay the person or organisation an amount equal to each amount paid to the State under subsection (2) in relation to the project, and, when making a payment, will identify the amount paid to the person or organisation as a payment made in relation to the project from money granted to the State under this section; and

(b) on the condition that, if the State does not fulfil the condition referred to in paragraph (a), the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination, being an amount not exceeding the sum of the amounts paid to the State under subsection (2) for the program year; and

(c) on the condition that the State will not make a payment to the person or organisation under subsection (2) unless the person or organisation has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind determined by the Minister; and

(d) on the condition that, if the person or organisation does not fulfil a condition of the agreement, the Minister may delay making any further payment to the State under this section in respect of the person or organisation until the person or organisation fulfils that obligation.

39B Literacy and learning projects—general element

(1) The Minister may, by determination in writing, authorise the payment to a State for the 1991 program year of an amount by way of financial assistance for recurrent expenditure for that year for professional development programs related to enhancing literacy and learning at secondary level.

(2) The sum of any amounts paid to a State under subsection (1) for the program year must not exceed the amount set out, opposite the name of the State, in relation to that year in Part 2 of Schedule 18.

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

(4) Financial assistance is granted to a State for the program year under subsection (1):

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

(b) on the condition that, if the State does not comply with a condition specified in the agreement relating to the grant within the time (if any) specified in the agreement for fulfilling the condition:

(i) the State will, if the Minister so determines, repay the Commonwealth an amount determined by the Minister, being an amount not exceeding the sum of the amounts of financial assistance paid to the State under subsection (1) for the program year; and

(ii) the Minister may delay making any further payment to the State under subsection (1) until the State fulfils the condition.

39C School language and literacy program—priority languages incentive element

(1) The Minister may authorise payment to a State of an amount by way of financial assistance:

(a) to the State for expenditure for the program year 1992 on language education provided at or in connection with government schools or government educational institutions in the State; and

(b) to the State for expenditure of an approved school system in the State for the program year 1992 on language education provided at or in connection with systemic schools in the school system; and

(c) to the State for expenditure of a non‑systemic school, or an aggregation of non‑systemic schools, in the State for the program year 1992 on language education provided at or in connection with the school or schools in the aggregation.

(2) The amount paid to a State under paragraph (1)(a) for the program year must not exceed the lesser of the amounts worked out using the following formulas:

(a) ;

(b)

where:

Column 2 amount means the amount in column 2 of Part 1 of Schedule 20.

Eligible students means the number of eligible year 12 students at government schools and government educational institutions in the State.

Year 12 students means the number of year 12 students enrolled at government schools and government educational institutions in the State on the schools census day for the State for that year or such other day as the Minister determines in writing.

(3) The amount paid to a State under paragraph (1)(b) for the program year must not exceed the lesser of the amounts worked out using the following formulas:

(a) ;

(b)

where:

Column 2 amount means the amount in column 2 of Part 1 of Schedule 20.

Eligible students means the number of eligible year 12 students at systemic schools in the school system.

Year 12 students means the number of year 12 students enrolled at systemic schools in the school system on the schools census day for the State for that year or such other day as the Minister determines in writing.

(4) The amount paid to a State under paragraph (1)(c) for the program year must not exceed the lesser of the amounts worked out using the following formulas:

(a) ;

(b)

where:

Column 2 amount means the amount in column 2 of Part 1 of Schedule 20.

Eligible students means the number of eligible year 12 students at:

(a) the non‑systemic school; or

(b) non‑systemic schools in the aggregation.

Year 12 students means the number of year 12 students enrolled at:

(a) the non‑systemic school; or

(b) non‑systemic schools in the aggregation;

on the schools census day for the State for that year or such other day as the Minister determines in writing.

(5) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year.

(6) The conditions are to be included in an agreement entered into by the State with the Commonwealth.

(7) The Minister may only authorise a payment to the State for the program year if the State has entered into the agreement.

(8) Financial assistance is granted to a State in respect of a government school, or a government educational institution, in the State for the program year:

(a) on the conditions set out in the agreement mentioned in subsection (7); and

(b) on the condition that, if the State does not fulfil a condition of the agreement with respect to the grant within the time (if any) specified for fulfilment of the condition:

(i) the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination; and

(ii) the Minister may delay making any further payments to the State under paragraph (1)(a) until the State fulfils that condition.

(9) The amount specified in the determination mentioned in subparagraph (8)(b)(i) is not to exceed the sum of the amounts paid to the State under this section in respect of government schools and government educational institutions for the program year.

(10) Financial assistance is granted to a State in respect of an approved school system in the State for the program year on the conditions that:

(a) the State will pay, as soon as possible, 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 for that year; and

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

(d) the State will only make a payment to the authority if the authority has entered into an agreement with the Commonwealth for that year; and

(e) if the authority does not fulfil a condition of the agreement, the Minister may delay making any further payment to the State under this section in respect of the authority until the authority fulfils that obligation.

(11) The amount specified in the determination mentioned in paragraph (10)(c) is not to exceed the sum of the amounts of financial assistance paid to the State under this section in respect of approved school systems for the program year.

(12) The Minister is to determine the conditions of the agreement mentioned in paragraph (10)(d).

(13) Financial assistance is granted to a State in respect of a non‑ systemic school, or an aggregation of non‑systemic schools, in the State for the program year on the conditions that:

(a) the State will pay, as soon as possible:

(i) 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 for that year; and

(ii) to the nominated authority of the aggregation an amount equal to each amount paid to the State under this section in relation to the aggregation for that year; and

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

(c) if the State does not fulfil the condition mentioned in subparagraph (a)(i) or (ii) or paragraph (b), the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination; and

(d) the State will only make a payment to the authority if the authority has entered into an agreement with the Commonwealth for that year; and

(14) The amount specified in the determination mentioned in paragraph 13(c) is not to exceed the sum of the amounts of financial assistance paid to the State under this section in respect of non‑systemic schools and aggregations of non‑systemic schools for the program year.

(15) The Minister is to determine the conditions of the agreement mentioned in paragraph (13)(d).

(16) An authorisation under subsection (1) is to be made by determination in writing.

39D Nominated authority

An aggregation of non‑systemic schools may nominate a person or body to be the nominated authority of the aggregation for the purposes of this Act.

39E School language and literacy program—community languages element

(1) The Minister may authorise the payment to a State of an amount by way of financial assistance to the State for recurrent expenditure for the program year 1992 on community languages:

(a) provided at or in connection with government schools in the State; or

(b) provided by any other person or organisation in the State.

(2) The amount paid to a State under subsection (1) must not exceed the amount worked out using Part 2 of Schedule 20.

(3) The Minister may authorise the payment to a State of an amount by way of financial assistance to the State for recurrent expenditure of an approved school system, or of a non‑systemic school, in the State for the program year 1992 on community languages provided at or in connection with systemic schools in the school system or the school.

(4) The amount paid to a State under subsection (3) must not exceed the amount worked out using Part 2 of Schedule 20.

(5) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year.

(6) The conditions are to be included in an agreement entered into by the State with the Commonwealth.

(7) The Minister may only authorise a payment to the State for the program year if the State has entered into the agreement.

(8) Financial assistance is granted to a State in respect of a government school or any other person or organisation in the State for the program year:

(a) on the conditions set out in the agreement mentioned in subsection (7); and

(b) on the condition that, if the State does not fulfil a condition of the agreement with respect to the grant within the time (if any) specified for fulfilment of the condition:

(i) the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination; and

(ii) the Minister may delay making any further payment to the State under subsection (1) until the State fulfils that condition.

(9) The amount specified in the determination mentioned in subparagraph (8)(b)(i) is not to exceed the sum of the amounts paid to the State under this section in respect of government schools and other persons or organisations for the program year.

(10) Financial assistance is granted to a State in respect of an approved school system, or a non‑systemic school, in the State for the program year on the conditions that:

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

(d) the State will only make a payment to the authority if the authority has entered into an agreement with the Commonwealth for that year; and

(e) if the authority does not fulfil a condition of the agreement, the Minister may delay the making of any further payment to the State under this section in respect of the authority until the authority fulfils that obligation.

(12) The Minister is to determine the conditions of the agreement mentioned in paragraph (10)(d).

(13) Authorisations under subsections (1) and (3) are to be made by determination in writing.

39F School language and literacy program—literacy and learning national element

(1) The Minister may approve a project for the purposes of this section if:

(a) the project is to be carried out in Australia; and

(b) the sole or principal object of the project is to enhance language, literacy and learning.

(2) The Minister may authorise the payment to a State for the program year 1992 of an amount by way of financial assistance to the State for expenditure in relation to the approved project.

(3) The sum of amounts paid to the States for the program year must not exceed the amount in Part 3 of Schedule 20.

(4) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year.

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

(6) The Minister may only authorise a payment to the State for the program year if the State has entered into the agreement.

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

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

(b) on the condition that, if the State does not fulfil a condition of the agreement with respect to the grant within the time (if any) specified for fulfilment of the condition:

(i) the State will, if the Minister so determines, repay to the Commonwealth an amount specified by the Minister in the determination; and

(ii) the Minister may delay making any further payment to the State until the State fulfils the condition.

(9) Financial assistance is granted to a State for the program year in relation to an approved project conducted by a person or organisation (other than the State) on the conditions that:

(a) the State will pay, as soon as practicable, the person or organisation an amount equal to each amount paid to the State under subsection (2) in relation to the project; and

(b) when making a payment, the State will identify the amount paid to the person or organisation as a payment made in relation to the project from money granted to the State under this section; and

(d) the State will only make a payment to the person or organisation if the person or organisation has entered into an agreement with the Commonwealth for that year; and

(10) The amount specified in the determination mentioned in paragraph (9)(c) is not to exceed the sum of the amounts of financial assistance paid to the State under this section in relation to the project for the program year.

(11) The Minister is to determine the conditions of the agreement mentioned in paragraph (9)(d).

(12) An approval under subsection (1) and an authorisation under subsection (2) are to be made by determination in writing.

39G School language and literacy program—literacy and learning general element

(1) The Minister may authorise the payment to a State for the program year 1992 of an amount by way of financial assistance for recurrent expenditure for that year for professional development programs related to enhancing literacy and learning at secondary level.

(2) The amount paid to a State for the program year must not exceed the relevant amount in Part 4 of Schedule 20.

(3) The Minister is to determine the conditions on which financial assistance is granted to a State for the program year.

(4) The conditions are to be included in an agreement entered into by the State with the Commonwealth.

(5) The Minister may only authorise a payment to the State for the program year if the State has entered into the agreement.

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

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

(i) the State will, if the Minister so determines, repay the Commonwealth an amount determined by the Minister; and

(ii) the Minister may delay making any further payment to the State until the State fulfils the condition.

(7) The amount specified in the determination mentioned in subparagraph 6(b)(i) is not to exceed the sum of the amounts of financial assistance paid to the State under subsection (1) for the program year.

(8) An authorisation under subsection (1) is to be made by determination in writing.

39H Variations of Schedule 20

(1) Subject to subsection (2), the Minister may vary during a program year the amounts set out in Parts 2 and 3 of Schedule 20.

(2) The Minister must not vary the amounts set out in Parts 2 and 3 of Schedule 20 that relate to a year in a way that, after the variation, the total of those amounts is greater or less than the total of those amounts before the variation.

(3) As soon as practicable after making the determination, the Minister must:

(a) send a copy of it to the relevant State Minister; and

(b) cause a copy of it to be laid before each House of the Parliament.

(4) The variation is to be made by determination in writing.

40 Limit on recovery

Nothing in this Part authorises the recovery by the Commonwealth, in respect of financial assistance granted to a State under a provision of this Part, of any amount from that State under that provision or of any amount under an agreement entered into for the purpose of that provision, if the aggregate of that amount and:

(a) any amount previously recovered from that State under that provision; and

(b) any amount previously recovered under such an agreement;

would exceed the amount of that financial assistance.

Part VIIA—Grants for rural student hostels

40A Approval of capital projects in relation to rural student hostels

The Minister may, by written determination, approve a capital project in relation to a program year and a rural student hostel.

40B Grants for capital projects in relation to rural student hostels

(1) Subject to subsection (2), the Minister may, by written determination, authorise the payment to the States under this section, by way of financial assistance in relation to a program year and capital projects approved under section 40A in relation to the year, of an amount not exceeding the amount (if any) set out in Schedule 17 that relates to the year.

(2) The Minister must not authorise a payment to a State in relation to a program year and a capital project in relation to a rural student hostel that is, or will be, conducted by or on behalf of the State unless the State has entered into an agreement (of a kind determined by the Minister) with the Commonwealth in relation to the program year, or in relation to a number of program years including that year, being an agreement that sets out conditions on which financial assistance is granted to the State under this section.

40C Conditions of grants—grants for capital projects in relation to State conducted hostels

Financial assistance is granted to a State under section 40B in relation to a program year and a capital project in relation to a rural student hostel that is, or will be, conducted by or on behalf of the State:

(a) on the conditions set out in the agreement concerned mentioned in subsection 40B(2); and

(b) on the condition that, if the State does not fulfil a condition under the agreement in relation to the grant within the time (if any) specified for fulfilment of the condition:

(i) the State will, if the Minister so determines, repay to the Commonwealth such amount (not exceeding the total amount of financial assistance paid to the State under section 40B in relation to the program year and the project) as the Minister specifies in the determination; and

(ii) the Minister may delay the making of any further payment to the State under section 40B until the State fulfils the condition.

40D Conditions of grants—grants for capital projects in relation to non‑State conducted hostels

Financial assistance is granted to a State under section 40B in relation to a program year and a capital project in relation to a rural student hostel that is, or will be, conducted otherwise than by or on behalf of the State on the following conditions:

(a) that, subject to paragraph (d), the State, as soon as possible, pays to the approved authority of the hostel each amount of the financial assistance received by the State in relation to the project;

(b) that the State describes each amount paid to the approved authority as required by paragraph (a) as a payment in relation to the project made out of money provided to the State by the Commonwealth under section 40B;

(c) that, if the State does not fulfil the conditions referred to in paragraphs (a) and (b), the State will, if the Minister so determines, repay to the Commonwealth such amount (not exceeding the total amount of financial assistance paid to the State under section 40B in relation to the program year and the project) as the Minister specifies in the determination;

(d) that the State does not make a payment to the approved authority under this section in relation to the year and the project unless the authority has entered into an agreement (of a kind determined by the Minister) with the Commonwealth in relation to the program year, or a number of program years including that year;

(e) that, if the approved authority does not fulfil an obligation under the agreement in relation to the grant within the time (if any) specified for fulfilment of the obligation, the Minister may delay the making of any further payment to the State in relation to the authority until the authority fulfils the obligation.

Part VIIB—Grants for award restructuring

40E Approved awards and agreements

The Minister may approve for the purposes of this Part all or part of an award, or of an agreement, in respect of school teachers’ salaries, being an award or agreement made or endorsed by an industrial tribunal, or an industrial court, of the Commonwealth or a State.

40F Award restructuring assistance

(1) If the Minister is satisfied that a State will incur additional expenditure in relation to government schools in relation to a program year in complying with an approved award or agreement, the Minister may, by determination in writing, authorise payment by way of financial assistance to the State towards that additional expenditure.

(2) If the Minister is satisfied that the approved authority of an approved school system or the approved authority of a non‑systemic school will incur additional expenditure in relation to a program year in complying with an approved award or agreement, the Minister may, by determination in writing, authorise payment to the State for the approved authority by way of financial assistance towards that additional expenditure.

(3) If:

(a) school teachers employed by the approved authority of an approved school system or of a non‑systemic school are not covered by an approved award or agreement; and

(b) the Minister is satisfied:

(i) that the approved authority will incur additional expenditure in relation to a program year as a result of restructuring the terms and conditions of employment of the school teachers; and

(ii) that as a result of the restructuring, elements of those terms and conditions are comparable to elements of the terms and conditions of school teachers under an approved award or agreement;

the Minister may, by determination in writing, authorise payment to the State for the approved authority by way of financial assistance towards that additional expenditure.

40G Amount of award restructuring assistance

(1) The amount of award restructuring assistance paid or to be paid to a State for government schools for a program year must be determined by the Minister in writing having regard to any other financial assistance paid or to be paid to the State under this Act for that year.

(2) The amount of award restructuring assistance paid or to be paid for an approved authority for a program year must be determined by the Minister, in writing, having regard to any other assistance paid or to be paid to the State for the authority under this Act for that year.

(3) The total amount of award restructuring assistance paid to the States for the program years 1990, 1991 and 1992 (including award restructuring assistance paid in those years to approved authorities) must not exceed the amount set out in column 1 of Schedule 19.

40H Conditions of award restructuring assistance

(1) Award restructuring assistance is granted to a State for government schools for a program year on the condition that the State has entered into an agreement with the Commonwealth in respect of that year, or for a number of years including that year, being an agreement of a kind determined by the Minister.

(2) Award restructuring assistance is granted to a State for government schools for a program year:

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

(b) on the conditions that, if the State does not fulfil a condition set out in the agreement:

(i) the State will, if the Minister so determines, repay to the Commonwealth an amount specified by the Minister in the determination, being an amount not greater than the sum of the amounts of award restructuring assistance paid to the State for that year; and

(ii) the Minister may delay making any further payment to the State under this Part until the State fulfils the condition.

(3) If the Minister has determined under subsection (2) that a State should repay an amount to the Commonwealth, and part or all of the amount remains unpaid, the Minister may reduce the amount payable under this Act to the State for government schools for a program year by an amount not greater than the amount that remains unpaid.

(4) Award restructuring assistance is granted to a State for the approved authority of an approved school system or the approved authority of a non‑systemic school for a program year on the conditions that:

(a) the State will pay the approved authority of the system or school an amount equal to each amount of award restructuring assistance paid to the State for the authority for that year, and, when making the payment, will identify it as a payment out of the award restructuring assistance granted to the State under this Act; and

(b) the State will not pay any award restructuring assistance to the approved authority for a program year unless the authority has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind determined by the Minister.

(5) Award restructuring assistance is granted to a State for an approved authority for a program year on the additional conditions that:

(a) if the State does not fulfil a condition specified in an agreement entered into for the purposes of subsection (4) within the time (if any) specified for fulfilling the condition, the State will, if the Minister so determines, repay the Commonwealth an amount specified by the Minister in the determination, being an amount not greater than the sum of the amounts of award restructuring assistance paid to the State for the authority for the year; and

(b) if the approved authority does not fulfil a condition of the agreement, the Minister may delay making any further payment of award restructuring assistance to the State for the authority until the authority fulfils the condition.

(6) If the Minister has determined under subsection (5) that a State should repay an amount to the Commonwealth, and part or all of the amount remains unpaid, the Minister may reduce the amount payable under this Act to the State for the approved authority for a program year by an amount not exceeding the amount that remains unpaid.

(7) Nothing in this section authorises the recovery by the Commonwealth, in respect of award restructuring assistance granted to a State under a provision of this Part, of any amount from that State under that provision or of any amount under an agreement entered into for the purpose of that provision, if the sum of that amount and:

(a) any amount previously recovered from that State under that provision; and

(b) any amount previously recovered under such an agreement;

would exceed the amount of that award restructuring assistance.

40J Publication of details of grants of award restructuring assistance

As soon as practicable after the end of each quarter in which payments of award restructuring assistance are made, the Minister must publish in the Gazette details of:

(a) the amount of award restructuring assistance paid to each State in that quarter for government schools; and

(b) the amount of award restructuring assistance paid to each State in that quarter for non‑systemic schools; and

Part VIII—Miscellaneous

41 Minister for Finance may fix amounts, and time of payment, 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 for Finance determines in writing.

42 Amounts payable by the States to the Commonwealth

An amount payable by a State to the Commonwealth in accordance with this Act is a debt due by the State to the Commonwealth.

43 Reductions for false or misleading statements

(1) If:

(a) a statement made to the Minister under this Act, under the former Act or under an agreement under that Act by the approved authority of a non‑systemic school, or of an approved school system, is false or misleading in a material particular; and

(b) in reliance on the statement, a payment has been made to a State under a provision of this Act in respect of the school or the approved school system, as the case may be, of an amount that, in the opinion of the Minister, exceeds the amount that would have been authorised to be paid if the statement had not been false or misleading in a material particular;

the Minister may, by determination in writing, reduce any amount payable to the State under this Act in respect of the school or the approved school system, as the case may be, in a particular program year or during 2 or more program years, by the amount of that excess.

(1A) If:

(a) a statement made to the Minister under this Act by the nominated authority of an aggregation of non‑systemic schools is false or misleading in a material particular; and

(b) in reliance on the statement, a payment has been made to a State under a provision of this Act in respect of the aggregation of an amount that, in the Minister’s opinion, exceeds the amount that would have been authorised to be paid if the statement had not been false or misleading in a material particular;

the Minister may reduce any amount payable to the State under this Act in respect of the aggregation, in a particular program year or during 2 or more program years, by the amount of that excess.

(1B) The reduction is to be made by determination in writing.

(2) If:

(b) as a result of the statement, the school or the system obtains a higher funding level for the purpose of meeting recurrent expenditure than, in the Minister’s opinion, the school may have obtained if the statement had not been made;

the Minister may, by determination in writing, vary the list by specifying a different funding level of the school or the system.

(3) A determination under this section may be expressed to take effect from a day before the day on which the determination was made.

44 Advances

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

45 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 12, 21, 31 or 40B and advances under section 44 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.

46 Authority to borrow

The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance with the provisions of an Act authorising the issue of Treasury Bills, borrow amounts not exceeding in the aggregate the sum of the amounts that may become payable to the States under sections 12, 21, 31 and 40B of this Act.

47 Application of money borrowed

Money borrowed under section 46 shall be applied only for the expenses of borrowing and for:

(a) making payments to the States under section 12, 21, 31 or 40B;

(b) making advances under section 44 on account of payments of that kind; and

48 Reimbursement of Consolidated Revenue Fund from Loan Fund

(1) Where a payment under section 12, 21, 31 or 40B, or an advance under section 44 on account of a payment of that kind, has been made out of the Consolidated Revenue Fund, the Minister for Finance may authorise the payment to the Consolidated Revenue Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(2) In any statement prepared by the Minister for Finance under section 55 of the Financial Management and Accountability Act 1997, amounts paid to the Consolidated Revenue Fund under subsection (1) of this section 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.

49 Appropriation

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

50 Delegation

The Minister may, by signed instrument, delegate to an officer of the Department all or any of the Minister’s powers and functions under this Act.

51 Report by Minister

The Minister shall, as soon as practicable after 30 June 1990 and after 30 June in each of the 3 following years, cause a report with respect to the financial assistance granted, and other payments authorised, by the Minister under this Act in the year ending on the preceding 31 December, and with respect to the application of that financial assistance and those payments in that year, to be laid before each House of the Parliament.

52 Amendment of the Employment, Education and Training Act

[published separately]

53 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—Capital projects for Government schools

Section 12

Part 1—General Projects

Column 1 State	Column 2 1989	Column 3 1990	Column 4 1991	Column 5 1992
	$	$	$	$
New South Wales.....	61,677,000	64,270,000	67,151,000	67,449,000
Victoria............	43,937,000	45,130,000	47,294,000	47,791,000
Queensland.........	30,697,000	32,249,000	34,723,000	35,509,000
Western Australia.....	16,997,000	17,814,000	19,041,000	19,541,000
South Australia.......	15,306,000	15,668,000	16,649,000	16,778,000
Tasmania...........	5,342,000	5,546,000	5,823,000	5,931,000
Australian Capital Territory	1,901,000	3,453,000	3,653,000	3,680,000
Northern Territory.....	2,182,000	2,228,000	2,329,000	2,383,000
Total..............	178,039,000	186,358,000	196,663,000	199,062,000

Part 2—Projects Assisting Retention

Column 1 State	Column 2 1991	Column 3 1992
	$	$
New South Wales...................	8,231,000	4,165,000
Victoria..........................	6,039,000	3,056,000
Queensland.......................	3,753,000	1,900,000
Western Australia...................	1,944,000	984,000
South Australia.....................	1,781,000	902,000
Tasmania.........................	726,000	368,000
Northern Territory...................	204,000	103,000
Total............................	22,678,000	11,478,000

Schedule 2—General recurrent expenditure of Government schools

Section 13

Part 1—Primary Education

Column 1 1989	Column 2 1990	Column 3 1991	Column 4 1992
$	$	$	$
226	245	264	282

Part 2—Secondary Education

Column 1 1989	Column 2 1990	Column 3 1991	Column 4 1992
$	$	$	$
312	360	391	416

Part 3—Primary Education—Students with Disabilities

	Column 1 1991	Column 2 1992
	$	$
	53	56

Part 4—SecondaryEducation—Students with Disabilities

	Column 1 1991	Column 2 1992
	$	$
	78	83

Schedule 3—Education in English as a second language – Government schools

Section 14

Part 1—ESL—General Education

Column 1 State	Column 2 1989	Column 3 1990	Column 4 1991	Column 5 1992
	$	$	$	$
New South Wales......	12,724,000	13,431,000	13,893,000	14,656,000
Victoria.............	10,764,000	11,361,000	11,756,000	12,401,000
Queensland..........	2,645,000	2,792,000	2,889,000	3,047,000
Western Australia......	2,647,000	2,794,000	2,892,000	3,051,000
South Australia........	2,753,000	2,906,000	3,007,000	3,172,000
Tasmania............	361,000	381,000	395,000	417,000
Australian Capital Territory	361,000	722,000	747,000	788,000
Northern Territory......	320,000	338,000	349,000	368,000
Total...............	32,575,000	34,725,000	35,928,000	37,900,000

Part 2—ESL—New Arrivals

Column 1 1989	Column 2 1990	Column 3 1991	Column 4 1992
$	$	$	$
2,271	2,398	2,480	2,617

Schedule 4—Disadvantaged Schools

Sections 15 and 27

Part 1—1989

Column 1 State	Column 2 Disadvantaged government schools	Column 3 Disadvantaged non‑government schools
	$	$
New South Wales.......................	13,541,000	2,727,000
Victoria.............................	11,558,000	2,937,000
Queensland...........................	4,002,000	611,000
Western Australia.......................	3,180,000	522,000
South Australia........................	3,298,000	346,000
Tasmania............................	942,000	101,000
Australian Capital Territory................	23,000	8,000
Northern Territory......................	992,000	35,000
Total...............................	37,536,000	7,287,000

Part 2—1990

Column 1 State	Column 2 Disadvantaged government schools	Column 3 Disadvantaged non‑government schools
	$	$
New South Wales.......................	14,293,000	2,879,000
Victoria.............................	12,200,000	3,100,000
Queensland...........................	4,225,000	645,000
Western Australia.......................	3,357,000	551,000
South Australia........................	3,481,000	365,000
Tasmania............................	994,000	106,000
Australian Capital Territory................	46,000	16,000
Northern Territory......................	1,047,000	37,000
Total...............................	39,643,000	7,699,000

Part 3—1991

Column 1 State	Column 2 Disadvantaged government schools	Column 3 Disadvantaged non‑government schools
	$	$
New South Wales.......................	17,932,000	2,978,000
Victoria.............................	12,622,000	3,272,000
Queensland...........................	6,020,000	668,000
Western Australia.......................	5,069,000	570,000
South Australia........................	4,478,000	377,000
Tasmania............................	2,189,000	112,000
Australian Capital Territory................	48,000	16,000
Northern Territory......................	1,083,000	71,000
Total...............................	49,441,000	8,064,000

Part 4—1992

Column 1 State	Column 2 Disadvantaged government schools	Column 3 Disadvantaged non‑government schools
	$	$
New South Wales.......................	18,917,000	3,142,000
Victoria.............................	13,314,000	3,452,000
Queensland...........................	6,351,000	704,000
Western Australia.......................	5,348,000	601,000
South Australia........................	4,724,000	398,000
Tasmania............................	2,309,000	118,000
Australian Capital Territory................	50,000	17,000
Northern Territory......................	1,142,000	75,000
Total...............................	52,155,000	8,507,000

Schedule 5—Special education

Sections 16, 16A, 17, 21, 28, 28A, 36, 37 and 37A

Part 1—1989

Column 1 State	Column 2 Government Special Education (including integration activities)	Column 3 Government integration activities	Column 4 Non‑ government Special Education (including integration activities)	Column 5 Non‑ government integration activities	Column 6 Special Education Services	Column 7 Children with severe disabilities	Column 8 Early Special Education
	$	$	$	$	$	$	$
New South Wales...........	7,546,000	585,000	1,947,000	166,000	4,137,000	1,582,000	1,660,000
Victoria..................	5,375,000	416,000	1,785,000	152,000	5,258,000	1,193,000	1,207,000
Queensland...............	3,755,000	291,000	842,000	72,000	1,902,000	801,000	821,000
Western Australia...........	2,079,000	161,000	442,000	38,000	1,083,000	446,000	473,000
South Australia.............	1,873,000	145,000	381,000	33,000	3,105,000	380,000	394,000
Tasmania.................	654,000	51,000	125,000	11,000	284,000	134,000	141,000
Australian Capital Territory....	191,000	2,000	7,000	7,000	145,000	45,000	44,000
Northern Territory...........	267,000	21,000	36,000	3,000	144,000	55,000	63,000
Total....................	21,740,000	1,672,000	5,565,000	482,000	16,058,000	4,636,000	4,803,000

Part 2—1990

Column 1 State	Column 2 Government Special Education (including integration activities)	Column 3 Government integration activities	Column 4 Non‑ government Special Education (including integration activities)	Column 5 Non‑ government integration activities	Column 6 Special Education Services	Column 7 Children with severe disabilities	Column 8 Early Special Education
	$	$	$	$	$	$	$
New South Wales...........	7,991,000	619,000	2,048,000	176,000	4,621,000	1,674,000	1,753,000
Victoria..................	5,612,000	435,000	1,872,000	160,000	5,550,000	1,244,000	1,273,000
Queensland...............	4,010,000	311,000	896,000	76,000	2,278,000	856,000	868,000
Western Australia...........	2,215,000	172,000	477,000	41,000	1,269,000	484,000	513,000
South Australia.............	1,948,000	150,000	403,000	34,000	2,603,000	394,000	410,000
Tasmania.................	690,000	53,000	130,000	11,000	366,000	138,000	144,000
Australian Capital Territory....	429,000	33,000	13,000	13,000	272,000	88,000	88,000
Northern Territory...........	277,000	22,000	40,000	3,000	162,000	56,000	64,000
Total....................	23,172,000	1,795,000	5,879,000	514,000	17,121,000	4,934,000	5,113,000

Part 3—1991

Column 1 State	Column 2 Schools Support Government Element	Column 3 Schools Support Non‑ Government Element	Column 4 Intervention Support Joint Element	Column 5 Capital Support Non‑ Government Element
	$	$	$	$
New South Wales.....	8,187,000	7,253,000	4,627,000
Victoria............	5,765,000	7,657,000	3,406,000
Queensland.........	4,232,000	3,574,000	2,337,000
Western Australia.....	2,322,000	1,945,000	1,344,000
South Australia.......	2,030,000	2,413,000	1,087,000
Tasmania...........	710,000	583,000	381,000
Australian Capital Territory	445,000	295,000	238,000
Northern Territory.....	284,000	223,000	160,000
Total..............	23,975,000	23,943,000	13,580,000	3,859,000

Part 4—1992

Column 1 State	Column 2 Schools Support Government Element	Column 3 Schools Support Non‑ Government Element	Column 4 Intervention Support Joint Element	Column 5 Capital Support Non‑ Government Element
	$	$	$	$
New South Wales......	8,568,000	7,531,000	5,019,000
Victoria.............	6,072,000	7,448,000	4,156,000
Queensland..........	4,512,000	3,184,000	3,120,000
Western Australia......	2,482,000	2,007,000	1,465,000
South Australia........	2,132,000	1,575,000	1,303,000
Tasmania............	754,000	512,000	485,000
Australian Capital Territory	467,000	472,000	264,000
Northern Territory......	303,000	185,000	196,000
Total...............	25,290,000	22,914,000	16,008,000	3,906,000

Schedule 6—Non‑Government schools and centres–capital projects

Section 21

Column 1 Year	Column 2 General projects	Column 3 Capital projects for children with disabilities	Column 4 Projects assisting retention
	$	$	$
1989......................	59,456,000	2,776,000
1990......................	64,578,000	3,564,000
1991......................	68,149,000		11,339,000
1992......................	83,981,000		11,478,000

Schedule 7—General recurrent expenditure of non‑Government schools

Subsection 22(1)

Part 1—Primary Education

Column 1 Level of assistance	Column 2 1989	Column 3 1990	Column 4 1991	Column 5 1992
	$	$	$	$
1......................	347	366	379	387
2......................	463	488	505	515
3......................	539	593	622	641
4......................	699	738	764	780
5......................	774	833	874	898
6......................	826	914	961	992
7......................	884	992	1,054	1,088
8......................	1,036	1,112	1,158	1,184
9......................	1,074	1,162	1,215	1,249
10.....................	1,115	1,213	1,277	1,313
11.....................	1,155	1,267	1,338	1,377
12.....................	1,195	1,318	1,399	1,441

Part 2—Secondary Education

Column 1 Level of assistance	Column 2 1989	Column 3 1990	Column 4 1991	Column 5 1992
	$	$	$	$
1......................	550	580	601	614
2......................	733	774	801	818
3......................	812	880	921	946
4......................	1,112	1,174	1,214	1,239
5......................	1,163	1,241	1,293	1,323
6......................	1,251	1,363	1,428	1,465
7......................	1,338	1,479	1,562	1,609
8......................	1,553	1,648	1,711	1,750
9......................	1,618	1,732	1,801	1,845
10.....................	1,683	1,812	1,892	1,938
11.....................	1,741	1,886	1,980	2,032
12.....................	1,796	1,957	2,067	2,128

Schedule 8—Establishment grants

Subsection 22(2)

Part 1—Non‑Government Primary Schools

Column 1 Year of establishment	Column 2 1989	Column 3 1990	Column 4 1991	Column 5 1992
	$	$	$	$
1986......................	58	0	0	0
1987......................	116	60	0	0
1988......................	174	121	62	0
1989......................	174	121	62	65

Part 2—Non‑Government Secondary Schools

Column 1 Year of establishment	Column 2 1989	Column 3 1990	Column 4 1991	Column 5 1992
	$	$	$	$
1986......................	92	0	0	0
1987......................	184	96	0	0
1988......................	276	193	100	0
1989......................	276	193	100	103

Schedule 9—Short term emergency assistance for non‑Government schools

Section 24

Column 1

1989

Column 2

1990

Column 3

1991

Column 4

1992

418,000

441,000

455,000

480,000

Schedule 10—Education in English as a second language—non‑Government schools

Sections 25 and 26

Column 1 Year	Column 2 ESL–general education	Column 3 ESL–new arrivals
	$	$
1989...............................	11,673,000	2,271
1990...............................	12,457,000	2,398
1991...............................	12,889,000	2,480
1992...............................	13,596,000	2,617

Schedule 11—Capital projects for schools serving predominantly Aboriginal or Torres Strait Islander communities

Section 31

Column 1 Year	Column 2 Government schools	Column 3 Non‑government schools
	$	$
1989...............................	7,196,000	2,878,000
1990...............................	13,699,000	2,982,000

Schedule 12—Programs of ethnic education

Section 33

	Column 1 Year	Column 2 Maximum amount per student
		$
	1989.............................	35.00
	1990.............................	38.50
	1991.............................	38.50

Schedule 13—Prescribed country areas

Sections 34 and 34A

Part 1—General Projects

Column 1 State	Column 2 1989	Column 3 1990	Column 4 1991	Column 5 1992
	$	$	$	$
New South Wales......	3,095,000	3,267,000	3,381,000	3,568,000
Victoria.............	1,830,000	1,932,000	1,998,000	2,110,000
Queensland..........	2,974,000	3,139,000	3,247,000	3,425,000
Western Australia......	2,188,000	2,309,000	2,390,000	2,520,000
South Australia........	1,288,000	1,360,000	1,406,000	1,484,000
Tasmania............	430,000	453,000	469,000	494,000
Northern Territory......	460,000	486,000	504,000	530,000
Total...............	12,265,000	12,946,000	13,395,000	14,131,000

Part 2—National Projects

Column 1

Year

Column 2

Amount

1992.............................

3,424,000

Schedule 14—Children in residential institutions

Section 35

Column 1 State	Column 2 1989	Column 3 1990
	$	$
New South Wales.........................	987,000	1,045,000
Victoria................................	744,000	780,000
Queensland.............................	500,000	530,000
Western Australia.........................	278,000	298,000
South Australia...........................	237,000	248,000
Tasmania...............................	84,000	86,000
Australian Capital Territory...................	7,000	56,000
Northern Territory.........................	34,000	35,000
Total..................................	2,871,000	3,078,000

Schedule 15—Approved education centres

	Column 1 Year	Column 2 Amount
		$
	1989.............................	2,013,000
	1990.............................	2,125,000
	1991.............................	2,198,000
	1992.............................	2,319,000

Schedule 16—Projects of national significance

Section 39

	Column 1 Year	Column 2 Amount
		$
	1989.............................	1,962,000
	1990.............................	1,847,000
	1991.............................	2,066,000
	1992.............................	2,479,000

Schedule 17—Capital projects in relation to rural student hostels

Section 40B

Column 1 1990	Column 2 1991	Column 3 1992
$	$	$
3,523,000	2,898,000	1,426,000

Schedule 18—Literacy and learning

Sections 39A and 39B

Part 1—National Element

		Column 1 1991
		$
		1,000,000

Part 2—General Element

Column 1 State	Column 2 1991
	$
New South Wales.....................................	1,575,000
Victoria...........................................	1,199,000
Queensland.........................................	502,000
Western Australia.....................................	424,000
South Australia.......................................	368,000
Tasmania..........................................	173,000
Northern Territory.....................................	87,000
Total.............................................	4,328,000

Schedule 19—Award restructuring

Section 40G

	Column 1 1990, 1991 and 1992
	$
	$192,655,000

Schedule 20—School language and literacy program

Sections 39C, 39E, 39F and 39G

Part 1—Priority Languages Incentive Element

Column 1

Year

Column 2

Maximum amount
per eligible
Year 12 student

1992............................

300

Part 2—Community Languages Element

Column 1 State	Column 2 1992 Government schools and other persons or organisations	Column 3 1992 Non‑government schools
	$	$
New South Wales....................	2,566,000	782,000
Victoria...........................	1,737,000	2,882,000
Queensland.........................	476,000	284,000
South Australia......................	364,000	114,000
Western Australia....................	272,000	134,000
Tasmania..........................	19,000	4,000
Northern Territory....................	29,000	—
Australian Capital Territory..............	78,000	83,000
Total.............................	5,541,000	4,283,000

Part 3—Literacy and Learning National Element

	Column 1 Year	Column 2 Amount
		$
	1992.................................	1,024,000

Part 4—Literacy and Learning General Element

Column 1 State	Column 2 1992
	$
New South Wales....................................	2,062,000
Victoria..........................................	1,570,000
Queensland........................................	657,000
South Australia.....................................	481,000
Western Australia....................................	555,000
Tasmania.........................................	227,000
Northern Territory...................................	114,000
Total............................................	5,666,000

Notes to the States Grants (Schools Assistance) Act 1988

Note 1

The States Grants (Schools Assistance) Act 1988 as shown in this compilation comprises Act No. 1, 1989 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 1988	1, 1989	6 Jan 1989	6 Jan 1989
States Grants (Schools Assistance) Amendment Act 1989	79, 1989	21 June 1989	21 June 1989	—
Migration Legislation Amendment (Consequential Amendments) Act 1989	159, 1989	18 Dec 1989	(a)	—
States Grants (Schools Assistance) Amendment Act (No. 2) 1989	169, 1989	19 Dec 1989	19 Dec 1989	S. 3(2) and (3)
States Grants (Schools Assistance) Amendment Act 1990	1, 1991	8 Jan 1991	8 Jan 1991	—
as amended by
States Grants (Schools Assistance) Amendment Act 1991	178, 1991	25 Nov 1991	(see 178, 1991 below)	—
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 3 (item 72): 8 Jan 1991 (b)	—
States Grants (Schools Assistance) Amendment Act 1991	178, 1991	25 Nov 1991	Ss. 3(c), (d), (f), (h), (i) and 4: 26 Dec 1991 (see s. 2(4)) S. 3(e): 19 Dec 1989 S. 12: (c) Remainder: Royal Assent	—
States Grants (Schools Assistance) Amendment Act 1992	76, 1992	26 June 1992	26 June 1992	—
States Grants (Schools Assistance) Amendment Act (No. 2) 1992	159, 1992	11 Dec 1992	11 Dec 1992	—
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (item 1221): 1 Jan 1998 (see Gazette 1997, No. GN49): (d)	—
Statute Stocktake Act 1999	118, 1999	22 Sept 1999	22 Sept 1999	Sch. 1 (item 5)

(a) The States Grants (Schools Assistance) Act 1988 was amended by the Migration Legislation Amendment (Consequential Amendments) Act 1989, section 2 of which provides as follows:

(1) This Act, other than section 4, commences immediately before the commencement of section 4 of the Migration Legislation Amendment Act 1989.

(2) Section 4 commences on the commencement of section 4 of the Migration Legislation Amendment Act 1989.

Section 4 of the Migration Legislation Amendment Act 1989 commenced on 19 December 1989.

(b) The States Grants (Schools Assistance) Amendment Act 1990 was amended by Schedule 3 (item 72) 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.

(3) Section 12 is taken to have commenced immediately after the commencement of the States Grants (Schools Assistance) Amendment Act 1990.

The States Grants (Schools Assistance) Amendment Act 1990 came into operation on 8 January 1991.

(d) The States Grants (Schools Assistance) Act 1988 was amended by Schedule 2 (item 1221) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3....................	am. Nos. 79, 159 and 169, 1989; Nos. 1 and 178, 1991; No. 159, 1992
S. 4A...................	ad. No. 178, 1991
S. 4AA..................	ad. No. 159, 1992
S. 4B...................	ad. No. 178, 1991
S. 12...................	am. No. 169, 1989; Nos. 1 and 178, 1991
S. 13...................	am. No. 1, 1991
S. 14...................	am. No. 79, 1989; No. 1, 1991
S. 16...................	am. No. 1, 1991
S. 16A..................	ad. No. 1, 1991
	am. No. 178, 1991
S. 17...................	am. No. 1, 1991
S. 18...................	am. No. 169, 1989; No. 1, 1991
S. 19...................	am. No. 169, 1989
Ss. 20, 21................	am. No. 169, 1989; No. 1, 1991
S. 22...................	am. No. 1, 1991
S. 26...................	am. No. 1,1991 (as am. by No. 43, 1996)
S. 28...................	am. No. 1, 1991
S. 28A..................	ad. No. 1, 1991
S. 29...................	am. No. 169, 1989; No. 1, 1991
Ss. 33, 34................	am. No. 178, 1991
S. 34A..................	ad. No. 178, 1991
Ss. 36, 37................	am. No. 1, 1991
S. 37A..................	ad. No. 1, 1991
S. 39...................	am. No. 1, 1991 (as am. by No. 178, 1991)
Ss. 39A, 39B.............	ad. No. 1, 1991
	am. No. 178, 1991
Ss. 39C‑39H.......	ad. No. 178, 1991
Part VIIA ................ (ss. 40A‑40D)	ad. No. 169, 1989
Ss. 40A‑40D.......	ad. No. 169, 1989
Part VIIB ............... (ss. 40E‑40J)	ad. No. 1, 1991
Ss. 40E, 40F.............	ad. No. 1, 1991
S. 40G..................	ad. No. 1, 1991
	am. No. 178, 1991
Ss. 40H, 40J..............	ad. No. 1, 1991
S. 43...................	am. No. 178, 1991
Ss. 45‑47.........	am. No. 169, 1989
S. 48 ...................	am. No. 169, 1989: No. 152, 1997
Schedules 1‑5......	rs. Nos. 79 and 169, 1989; Nos. 1 and 178, 1991; No. 159, 1992
Schedule 6...............	rs. Nos. 79 and 169, 1989; Nos. 1 and 178, 1991; Nos. 76 and 159, 1992
Schedules 7‑10.....	rs. Nos. 79 and 169, 1989; Nos. 1 and 178, 1991; No. 159, 1992
Schedule 11..............	rs. Nos. 79 and 169, 1989
Schedule 12..............	rs. Nos. 79 and 169, 1989; No. 1, 1991
Schedule 13..............	rs. Nos. 79 and 169, 1989; Nos. 1 and 178, 1991; No. 159, 1992
Schedule 14..............	rs. Nos. 79 and 169, 1989; No. 1, 1991
Schedules 15, 16..........	rs. Nos. 79 and 169, 1989; Nos. 1 and 178, 1991; No. 159, 1992
Schedule 17..............	ad. No. 169, 1989
	rs. Nos. 1 and 178, 1991; No. 159, 1992
Schedule 18..............	ad. No. 1, 1991
	rs. No. 178, 1991
Schedule 19..............	ad. No. 1, 1991
	rs. No. 178, 1991; No. 159, 1992
Schedule 20..............	ad. No. 178, 1991
	rs. No. 159, 1992

Legislation content

Part I—Preliminary

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Interpretation

4 Determinations by Minister

4A Recognised temporary entry permits

4AA Recognised visas

4B Priority languages

5 Funding of non‑government schools

Part II—List of non‑Government schools and systems

6 List of non‑government schools

7 List of approved school systems

Part III—Changes to non‑Government schools and new non‑Government schools

8 Changes to non‑government schools and proposals for new non‑government schools

9 Maximum number of students eligible for general recurrent funding

10 Changes to maximum number of students at request of approved authority

11 Non‑government schools—failure to meet minimum enrolments

Part IV—Government schools programs

12 Grants for capital projects in connection with government schools etc.

13 Grants for general recurrent expenditure of government schools

14 Grants for recurrent expenditure on ESL courses in government schools

15 Grants for expenditure in connection with government disadvantaged schools

16 Grants for expenditure in connection with special education at government schools and centres

16A Special education schools support—government element

17 Variations of Schedule 5

18 Additional conditions of grants under Part

Part V—Non‑Government schools programs

19 Approval of block grant authorities

20 Approval of capital projects for non‑government schools etc.

21 Grants for capital projects for non‑government schools etc.

22 Grants for general recurrent expenditure of non‑government schools

23 Limits on funding where maximum number of students specified

24 Grants for short‑term emergency assistance for non‑government schools

25 Grants for recurrent expenditure on general education in English as a second language provided in non‑government schools

26 Recurrent expenditure grants: ESL courses in non‑government schools for new arrivals

27 Grants for expenditure of non‑government disadvantaged schools

28 Grants for recurrent expenditure on special education at non‑government schools etc.

28A Special education schools support—non‑government element

29 Additional conditions of grants under Part

Part VI—Grants for schools serving predominantly Aboriginal or Torres Strait Islander communities

30 Approval of capital projects

31 Grants for capital projects in connection with schools serving predominantly Aboriginal or Torres Strait Islander communities

Part VII—Joint programs for Government and non‑Government schools

32 Approval of programs of ethnic education

33 Grants for programs of ethnic education

34 Grants for primary or secondary education in prescribed country areas

34A Grants for national projects assisting secondary education in prescribed country areas

35 Grants for recurrent expenditure for the education of children residing in residential institutions

36 Grants for programs for children with severe disabilities

37 Grants for early special education programs

37A Special education—intervention support

38 Grants for expenditure of approved education centres

39 Grants for projects of national significance

39A Literacy and learning projects—national element

39B Literacy and learning projects—general element

39C School language and literacy program—priority languages incentive element

39D Nominated authority

39E School language and literacy program—community languages element

39F School language and literacy program—literacy and learning national element

39G School language and literacy program—literacy and learning general element

39H Variations of Schedule 20

40 Limit on recovery

Part VIIA—Grants for rural student hostels

40A Approval of capital projects in relation to rural student hostels

40B Grants for capital projects in relation to rural student hostels

40C Conditions of grants—grants for capital projects in relation to State conducted hostels

40D Conditions of grants—grants for capital projects in relation to non‑State conducted hostels

Part VIIB—Grants for award restructuring

40E Approved awards and agreements

40F Award restructuring assistance

40G Amount of award restructuring assistance

40H Conditions of award restructuring assistance

40J Publication of details of grants of award restructuring assistance

Part VIII—Miscellaneous

41 Minister for Finance may fix amounts, and time of payment, of financial assistance

42 Amounts payable by the States to the Commonwealth

43 Reductions for false or misleading statements

44 Advances

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