States Grants (Schools Assistance) Amendment Act 1985

No. 163 of 1985

TABLE OF PROVISIONS

Section

1. Short title, &c.

2. Commencement

3. Interpretation

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

5. Repeal of section 5 and substitution of new section—

5. Determination of levels of funding for eligible new arrivals

6. New non-government systemic schools, &c.—1985

7. Insertion of new sections—

6a. New non-government systemic schools, &c.—1986 and subsequent years

6b. Non-government systemic schools—funding to a plan

6c. Non-government systemic schools—variation of list, &c.

6d. List of approved school systems

8. New non-government non-systemic schools, &c.—1985

9. Insertion of new sections—

7a. New non-government non-systemic schools, &c.—1986 and subsequent years

7b. Non-government non-systemic schools—funding to a plan

7c. Non-government non-systemic schools—variation of list, &c.

10. Movement of schools between lists

11. Grants for building projects and equipment projects in connection with government schools

12. Repeal of section 10 and substitution of new section—

10. Limits on grants under section 9

13. Grants for recurrent expenditure in connection with government schools

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

15. Repeal of section 14 and substitution of new section—

14. Limits on grants under section 13

TABLE OF PROVISIONS—continued

Section

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

17. Grants for expenditure in connection with government disadvantaged schools

18. Repeal of section 17 and substitution of new section—

17. Limits on grants under section 16

19. Grants for expenditure in connection with special education at government schools, &c.

20. Limits on grants under section 18, &c.

21. Repeal of section 23 and substitution of new section—

23. Limits on grants under section 22

22. Additional conditions to which grants of financial assistance under Part are subject

23. Approval of building projects and equipment projects in connection with non-government schools and non-government centres

24. Grants for building projects and equipment projects in connection with non-government schools and non-government centres

25. Repeal of section 27 and substitution of new section—

27. Limits on grants under section 26, &c.

26. Grants for recurrent expenditure of systemic schools

27. Insertion of new sections—

28a. Systemic schools—limits on funding where number of students at particular level exceeds maximum number of students for that level

28b. Systemic schools—limits on funding where number of students at particular level at particular location exceeds maximum number of students for that level at that location

28. Insertion of new sections—

29a. Non-systemic schools—limits on funding where number of students at particular level exceeds maximum number of students for that level

29b. Non-systemic schools—limits on funding where number of students at particular level at particular location exceeds maximum number of students for that level at that location

29. Additional grants for schools in need of short-term emergency assistance

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

31. Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with non-systemic schools

32. Repeal of section 34 and substitution of new section—

34. Limits on grants under sections 32 and 33

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

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

35. Grants for expenditure of systemic disadvantaged schools

36. Grants for expenditure of non-systemic disadvantaged schools

37. Repeal of section 39 and substitution of new section—

39. Limits on grants under sections 37 and 38

38. Grants for expenditure in connection with special education at non-government schools, &c.

39. Repeal of section 41 and substitution of new section—

41. Limits on grants under section 40

40. Repeal of section 49 and substitution of new section—

49. Limits on grants under sections 47 and 48

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

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

43. Repeal of section 53 and substitution of new section—

53. Limits on grants under section 52

44. Grants for recurrent expenditure in connection with multicultural education

45. Repeal of section 55 and substitution of new section—

55. Limits on grants under section 54

46. Repeal of sections 57 and 58 and substitution of new sections—

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

58. Limits on grants under section 57

TABLE OF PROVISIONS—continued

Section

47. Approved ethnic schools authorities

48. Approvals of programs of ethnic education and determination of levels of funding

49. Grants for approved programs of ethnic education

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

51. Repeal of section 63 and substitution of new section—

63. Limits on grants under section 62

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

53. Repeal of section 65 and substitution of new section—

65. Limits on grants under section 64

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

55. Repeal of sections 67, 68, 69 and 70 and substitution of new sections—

67. Limits on grants under section 66

68. Approvals of programs of early special education

69. Grants for expenditure in relation to early special education programs for handicapped children

70. Limits on grants under sub-sections 69 (1) and (2)

56. Grants for recurrent expenditure in connection with approved professional development activities

57. Limits on grants under section 71

58. Repeal of sections 73 and 74 and substitution of new sections—

73. Grants for expenditure of approved education centres

74. Limits on grants under section 73

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

60. Repeal of section 77 and substitution of new section—

77. Limits on grants under section 76

61. Additional conditions to which grants of financial assistance under Part are subject

62. Repeal and substitution of Schedules to Principal Act

63. Payments made before Royal Assent

64. Transitional provisions in relation to determinations, approvals, declarations, &c.

SCHEDULE

NEW SCHEDULES 1 TO 16 (INCLUSIVE) TO PRINCIPAL ACT

States Grants (Schools Assistance) Amendment Act 1985

No. 163 of 1985

An Act to amend the States Grants (Schools Assistance) Act 1984, and for related purposes

[Assented to 11 December 1985]

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

Short title, &c.

1. (1) This Act may be cited as the States Grants (Schools Assistance) Amendment Act 1985.

(2) The States Grants (Schools Assistance) Act 19841 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sub-section 26 (1) shall be deemed to have come into operation immediately after section 28 of the States Grants (Schools Assistance) Act 1984 came into operation.

(2) The remaining provisions of this Act shall come into operation on the day on which this Act receives the Royal Assent.

Interpretation

3. (1) Section 3 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definitions of “approved education centre” and “approved ethnic schools authority” and substituting the following definitions:

“ ‘approved education centre’ means an education centre in respect of which an approval under sub-section 4 (6) is in force;

‘approved ethnic schools authority’, in relation to a year, means a body in respect of which an approval under section 59 in respect of that year is in force;”;

(b) by omitting from sub-section (1) the definition of “approved school system” and substituting the following definition:

“ ‘approved school system’ means a school system that is included in the list of approved school systems;”;

(c) by omitting from sub-section (1) the definitions of “disadvantaged school” and “developing area” and substituting the following definitions:

“ ‘developing area’ means a geographical area that is, in accordance with criteria determined under sub-section (19), a developing area for the purposes of this Act;

‘disadvantaged school’ means—

(a) a government school in a State in respect of which a notification under sub-section 4 (1) is in force; or

(b) a non-government school in a State in respect of which a declaration under sub-section 4 (2) is in force;”;

(d) by inserting “, in relation to a year,” before “means” in the definition of “education centre” in sub-section (1);

(e) by omitting “the year 1985” from the definition of “education centre” in sub-section (1) and substituting “that year”;

(f) by inserting “, in relation to a year,” before “means” in the definition of “education in English as a second language for eligible new arrivals” in sub-section (1);

(g) by omitting “eligible new arrivals” (last occurring) from the definition of “education in English as a second language for eligible new arrivals” in sub-section (1) and substituting “persons who are eligible new arrivals in respect of that year”;

(h) by inserting “, in relation to education provided in a year,” before “means” in the definition of “eligible new arrival” in sub-section (1);

(j) by omitting “1984” from the definition of “eligible new arrival” in sub-section (1) and substituting “in the year immediately preceding that year”;

(k) by inserting “, in writing,” after “Minister” in the definition of “integration activities” in sub-section (1);

(m) by omitting from sub-section (1) the definition of “prescribed country area” and substituting the following definition:

“ ‘prescribed country area’ means an area in a State in respect of which a notification under sub-section 4 (4) is in force;”;

(n) by omitting from sub-section (1) the definitions of “school in need of short-term emergency assistance” and “school serving a predominantly Aboriginal community” and substituting the following definitions:

“ ‘school in need of short-term emergency assistance’, in relation to a year, means a non-government school in respect of which a declaration under sub-section 4 (5) in respect of that year is in force;

‘school serving a predominantly Aboriginal community’, in relation to a year, means a school in respect of which a declaration under sub-section 4 (7) in respect of that year is in force;”;

(o) by inserting “approved under section 60 in respect of a year” after “ethnic education” in paragraph (a) of the definition of “student” in sub-section (1);

(p) by omitting “1986” from sub-paragraph (a) (ii) of the definition of “student” in sub-section (1) and substituting “in the year following that year”;

(q) by omitting from paragraph (11) (a) “6 (15)” and substituting “6d (6)”;

(r) by omitting from paragraph (11) (a) “7 (17)” and substituting “7c (2)”;

(s) by omitting from paragraph (11) (b) “6 (22)” and substituting “6d (9)”;

(t) by omitting from paragraph (11) (b) “7 (23)” and substituting “7c (7)”;

(u) by omitting from sub-paragraph (12) (a) (ii) “and”;

(w) by adding at the end of sub-section (12) the following paragraphs:

“; (c) moneys shall not be treated as having been applied by a State for a particular purpose pursuant to a condition specified in a section of this Act that is applicable in respect of a grant made to the State in respect of a particular year if the moneys have been treated by the State as having been applied for that purpose pursuant to that condition as it applies in respect of a grant made to the State in respect of another year; and

(d) moneys shall not be treated as having been applied by an approved authority for a particular purpose pursuant to a condition of an agreement between the Commonwealth

and the approved authority that is applicable in respect of a grant made to a State under a section of this Act in respect of a particular year if the moneys have been treated by the approved authority as having been applied for that purpose pursuant to a condition of an agreement between the Commonwealth and the approved authority that is applicable in respect of a grant made to the State under a section of this Act in respect of another year.”; and

(y) by adding at the end the following sub-sections:

“(21) A reference in this Act to the specification in the list of systemic schools, or the list of non-systemic schools, of a maximum number of students opposite to the name of a school, or opposite to the name of a location in respect of which a school is included in the list, shall be read as a reference to the specification in the list opposite to the name of the school, or the name of the location, as the case may be, of any one or more of the following:

(a) a maximum number of primary students;

(b) a maximum number of junior secondary students;

“(22) In this Act—

(a) a reference to the list of systemic schools shall be construed as a reference to the list of systemic schools as in force for the purposes of the States Grants (Schools Assistance) Act 1983 immediately before the commencing day, or, if that list has been or is varied after that day in accordance with section 6, 6a, 6b or 6c, that list as so varied;

(b) a reference to the list of approved school systems shall be construed as a reference to the list of approved school systems as in force for the purposes of the States Grants (Schools Assistance) Act 1983 immediately before the commencing day, or, if that list has been or is varied after that day in accordance with section 6 or 6d, that list as so varied; and

(c) a reference to the list of non-systemic schools shall be construed as a reference to the list of non-systemic schools in force for the purposes of the States Grants (Schools Assistance) Act 1983 immediately before the commencing day or, if that list has been or is varied after that day in accordance with section 7, 7a, 7b or 7c, that list as so varied.

“(23) A reference in this Act to notice published in the Gazette shall be read as a reference to notice in writing published in the Gazette”.

(2) A declaration under the definition of “approved school system” in sub-section 3 (1) of the Principal Act that is in force immediately before

the commencement of this section continues in force, after the commencement of this section, as if it had been made under sub-section 6d (1) of the Principal Act as amended by this Act.

(3) A notice published under sub-section 3(11) of the Principal Act for the purposes of sub-section 6 (15) or (22) or 7 (17) or (23) of that Act that is in force immediately before the commencement of this section continues in force, after the commencement of this section, as if it had been published under sub-section 3 (11) of the Principal Act, as amended by this Act, for the purposes of sub-section 6d (6) or (9) or 7c (2) or (7), as the case may be, of the Principal Act as amended by this Act.

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

4. Section 4 of the Principal Act is amended—

(a) by omitting from sub-paragraph (1) (b) (ii) “the year 1985” and substituting “a year to which this section applies”;

(b) by inserting in sub-paragraph (1) (b) (ii) “or (3a)” after “(3)”;

“(3a) As soon as practicable after the commencement of the States Grants (Schools Assistance) Amendment Act 1985, the Commonwealth Education Minister shall determine, in relation to each State, the number of students that is, for the purposes of subsection (1), the approved maximum number of students in relation to government disadvantaged schools in the State in respect of the year 1986 and shall notify the State Education Minister of that number.”;

(d) by inserting in sub-section (5) “in respect of a year to which this section applies” after “assistance” (last occurring);

(e) by adding at the end of sub-section (6) “in respect of a year to which this section applies”;

(f) by inserting in sub-section (7) “, in respect of a year to which this section applies,” after “the school to be”; and

(g) by adding at the end the following sub-section:

“(11) This section applies to the years 1985 and 1986.”.

5. Section 5 of the Principal Act is repealed and the following section is substituted:

Determination of levels of funding for eligible new arrivals

“5. (1) For the purposes of grants under sections 15, 35 and 36 in respect of the year 1985, the Minister shall determine, in writing, an amount (not exceeding $928) to be the level at which financial assistance is to be provided under those sections in respect of that year in respect of each person who is an eligible new arrival in relation to that year and is receiving education in English as a second language.

“(2) For the purposes of grants under sections 15, 35 and 36 in respect of the year 1986, the Minister shall determine, in writing, an amount (not exceeding $932) to be the level at which financial assistance is to be provided under those sections in respect of that year in respect of each person who is an eligible new arrival in relation to that year and is receiving education in English as a second language.”.

New non-government systemic schools, &c.—1985

6. (1) Section 6 of the Principal Act is amended—

(a) by omitting sub-sections (1) to (4) (inclusive) and substituting the following sub-section:

“(1) Where the Minister has, otherwise than under this Act and before 15 October 1984, received notice from the approved authority of an approved school system of—

(a) a change in the location of a school or of a part of a school included in the approved school system; or

(b) a change consisting of the provision of a new level of education at a school included in the approved school system,

being a change proposed to be initiated in the year 1985, the Minister shall, by notice in writing to the approved authority of the approved school system—

(c) if the Minister is satisfied that the change meets the criteria for acceptable changes to existing schools—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion in the list of systemic schools of the school as so relocated or partly relocated or of the school in so far as it provides education at the proposed new level; or

(d) if the Minister is not so satisfied—inform the approved authority accordingly and invite the approved authority to make, within such period as the Minister specifies in the notice, such submissions, in writing, in relation to the change, as the approved authority considers appropriate.”;

(b) by omitting from sub-section (5) “(4)” and substituting “(1)”;

(d) by omitting from sub-section (6) “(3) (a), or, so far as a change initiated during the year 1985 is concerned, a change similar to a change so referred to,” and substituting “(1) (a)”;

(e) by omitting from paragraph (6) (a) “(4)” and substituting “(1)”;

(f) by omitting from paragraph (6) (b) “(4)” and substituting “(1)”;

(g) by omitting from sub-section (7) “a year to which section 28 applies” and substituting “the year 1985”;

(h) by omitting from sub-section (7) “(3) (b), or, so far as a change initiated during the year 1985 is concerned, a change similar to a change so referred to,” and substituting “(1) (b)”;

(j) by omitting from sub-section (7) “(4)” and substituting “(1)”;

(k) by omitting from paragraph (8) (a) “(3) (b)” and substituting “(1) (b)”;

(m) by omitting from paragraph (8) (b) “(3) or of a change proposed to be initiated during the year 1985 that is similar to a change so referred to” and substituting “(1)”;

(n) by omitting from sub-paragraph (8) (b) (ii) “the change is proposed to be initiated in 1985 and”;

(o) by adding at the end of sub-paragraph (8) (b) (ii) “and”;

(p) by omitting from sub-paragraph (8) (b) (iii) “viability; and” and substituting “viability.”;

(q) by omitting sub-paragraph (8) (b) (iv);

(r) by omitting sub-sections (9) and (10) and substituting the following sub-section:

“(9) Where the approved authority of an approved school system has made or makes an application, otherwise than under this Act and before 1 July 1984, to the Minister for the provision of financial assistance from the Commonwealth commencing in the year 1985 in respect of—

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

(b) an existing school that is included in the list of systemic schools but that is not so included in so far as it provides education at a particular level, being a level at which the school has provided education at all times since it was included in the list of systemic schools as in force for the purposes of this Act or of any previous schools assistance Act,

the Minister shall, by notice in writing to the approved authority—

(c) if the Minister is satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion of the school, or of the school in so far as it provides, or proposes to provide, education at that level, in the list of systemic schools; and

notice, such submissions relating to the proposed provision of financial assistance in respect of the school, or in respect of the school in so far as it provides, or proposes to provide, education at that level, as the approved authority considers appropriate.”;

(s) by omitting from sub-section (11) “(10)” and substituting “(9)”;

(t) by omitting from sub-section (12) “, 1986, 1987 or 1988,”;

(u) by omitting from sub-section (12) “(10)” and substituting “(9)”;

(w) by omitting from paragraph (13) (b) “it is proposed that financial assistance from the Commonwealth commence to be provided in respect of the school, or the school in so far as it provides, or proposes to provide, education at that level, during the year 1985 and”;

(y) by adding at the end of paragraph (13) (b) “and”;

(z) by omitting from paragraph (13) (c) “viability; and” and substituting “viability.”;

(za) by omitting paragraph (13) (d); and

(zb) by omitting sub-sections (14) to (22) (inclusive).

(2) Notwithstanding the amendments made by sub-section (1), a determination under sub-section 6 (2) of the Principal Act that is in force immediately before the commencement of this section continues in force, after the commencement of this section, as if sub-section 6 (2) of the Principal Act had not been omitted.

(3) A notice under sub-section 6 (4) or (10) of the Principal Act that is in force immediately before the commencement of this section continues in force, after the commencement of this section, as if it had been given under sub-section 6 (1) or (9), as the case may be, of the Principal Act as amended by this Act.

(4) A notice, determination or variation under sub-section 6 (14), (15), (17), (18) or (22) of the Principal Act that is in force immediately before the commencement of this section continues in force, after the commencement of this section, as if it had been given or made under sub-section 6c (1), 6d (6), 6c (3) or 6d (4) or (9), as the case may be, of the Principal Act as amended by this Act.

(5) A notice under sub-section 6 (16) of the Principal Act that is in force immediately before the commencement of this section continues in force, after the commencement of this section, as if it had been made—

(a) if the notice is given in respect of a low enrolment at a systemic school in an approved school system—under sub-section 6c (2) of the Principal Act as amended by this Act; and

(b) if the notice was given in respect of a failure to maintain the level of recurrent expenditure from the income of the systemic schools in an approved school system of the kind described in paragraph

6 (15) (a) of the Principal Act—under sub-section 6d (7) of the Principal Act as amended by this Act.

(6) A variation under sub-section 6 (21) of the Principal Act that is in force immediately before the commencement of this section continues in force, after the commencement of this section, as if it had been made—

(a) in the case of a variation of the list of systemic schools—under subsection 6c (7) of the Principal Act as amended by this Act; and

(b) in the case of a variation of the list of approved school systems— under sub-section 6d (12) of the Principal Act as amended by this Act.

(7) Where notice of a proposed change to a school, being a change proposed to be initiated during the year 1986 or a subsequent year, was, before the commencement of this section, given to the Minister pursuant to sub-section 6 (3) of the Principal Act, sections 6a and 6b of the Principal Act as amended by this Act apply in relation to the proposed change as if the notice had been given under sub-section 6a (1) of the Principal Act as so amended.

(8) Where an application for the provision of financial assistance from the Commonwealth in respect of a school, being financial assistance proposed to commence during the year 1986 or a subsequent year, was, before the commencement of this section, made under sub-section 6 (9) of the Principal Act, sections 6a and 6b of the Principal Act as amended by this Act apply in relation to the application as if the application had been made under subsection 6a (13) of the Principal Act as so amended.

7. After section 6 of the Principal Act the following sections are inserted:

New non-government systemic schools, &c.—1986 and subsequent years

“6a. (1) Where it is proposed, in relation to a systemic school, to—

(a) initiate, at any time during a year between 1986 and 1990 (inclusive)—

(i) a change in the location of the school or of any part of the school; or

(ii) a change consisting of the provision of a new level of education at the school; or

(b) initiate, at any time during a year between 1987 to 1990 (inclusive)—

(i) a change consisting of the amalgamation of the school with another school or other schools;

(ii) a change consisting of the separation of the school into 2 or more schools;

(iii) a change of the school from a single-sex school to a co-educational school or from a co-educational school to a single-sex school; or

(iv) a change of the school—

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

(b) from a boarding school to a day school or to a day and boarding school; or

the approved authority of the approved school system in which the school is included shall inform the Minister, by notice in writing, of the proposed change, the notice to—

(i) if the change is a change of a kind referred to in paragraph (a) and is proposed to be initiated during the year 1986—1 year, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year;

(ii) if the change is a change of a kind referred to in paragraph (b) and is proposed to be initiated during the year 1987—1 year, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year; or

(iii) in any other case—2 years, or such lesser period as the Minister, in special circumstances, allows, before the commencement of the year during which it is proposed to initiate the change; and

(d) set out particulars of the proposed change and request the Minister to provisionally approve the proposed change.

“(2) Where—

(a) the approved authority of an approved school system initiates, during the year 1986, 1987 or 1988, a change of a kind referred to in sub-section (1) in respect of a school; and

(b) the approved authority did not inform the Minister, in the manner referred to in sub-section (1), of the change,

the Minister may, by determination in writing, vary the list of systemic schools by—

(c) in a case where no maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list— specifying in the list opposite to the name of the school or location, as the case may be, a maximum number of students; or

(d) in a case where a maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list— omitting that number and specifying another maximum number of students in the list opposite to the name of the school or location, as the case may be,

with effect from a date specified in the determination, including a date before the making of the determination.

“(3) Subject to sub-sections (5), (6) and (8), where the Minister receives notice, in accordance with sub-section (1), from the approved authority of an approved school system of a proposed change to a school, the Minister shall—

(a) provisionally approve, in writing, the proposed change; or

(b) by notice in writing to the approved authority, inform the approved authority that the Minister is not satisfied that he or she should provisionally approve the proposed change and invite the approved authority to make, within such period as the Minister specifies in the notice, such submissions relating to the proposed provision of financial assistance from the Commonwealth in respect of the proposed change as the approved authority considers appropriate.

“(4) Subject to sub-sections (5), (6) and (8), where the Minister invites the approved authority of an approved school system, pursuant to subsection (3), to make submissions in respect of the proposed provision of financial assistance from the Commonwealth in respect of a proposed change to a school, within a specified period, the Minister shall consider any submissions made by the approved authority within that period and shall—

(a) provisionally approve, in writing, the proposed change; or

(b) by notice in writing to the approved authority, inform the approved authority that the Minister is not satisfied that he or she should provisionally approve the proposed change.

“(5) The Minister shall provisionally approve a proposed change to a school under sub-section (3) or (4) if the Minister is satisfied that the proposed change does not involve a significant increase in, or alteration to, the school’s clientele.

“(6) Subject to sub-section (5), the Minister shall not provisionally approve a proposed change to a school under sub-section (3) or (4) unless the Minister is satisfied that the proposed change meets the initial eligibility criteria for financial assistance from the Commonwealth.

“(7) For the purposes of sub-section (6), the Minister shall be satisfied that a proposed change to a school meets the initial eligibility criteria for financial assistance from the Commonwealth if, and only if, the Minister is satisfied that—

(a) in the case of a change of the kind referred to in sub-paragraph (1) (a) (i)—the school as proposed to be relocated or partly relocated has reasonable prospects of being recognized by the State Education Minister for the State in which the school is situated;

(b) in the case of a change of the kind referred to in sub-paragraph (1) (a) (ii)-

(i) the school, in so far as it provides education at the proposed new level, has reasonable prospects of being recognized by

the State Education Minister for the State in which the school is situated; and

(ii) the school has reasonable prospects of having, on the date on which it is expected to be so recognized, a number of students enrolled at that level that will not be less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that date;

(d) in all cases—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.

“(8) Subject to sub-sections (5) and (6), the Minister shall, in deciding at a particular time whether to provisionally approve a proposed change to a school under sub-section (3) or (4), have regard to—

(a) the plans (including the plans of the relevant government and nongovernment education authorities) in existence at that time for the provision of education in the State, and in the locality, in which the school is situated;

(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 should, in the opinion of the Minister, be accorded for funding from the Commonwealth.

“(9) Where the approved authority of an approved school system initiates, during the year 1986, 1987 or 1988, a change of the kind referred to in sub-paragraph (1) (a) (i) in respect of the relocation or partial relocation of a school—

(a) if the Minister has informed the approved authority, pursuant to sub-section (4), that the Minister is not satisfied that he or she should provisionally approve the change—the Minister may, by determination in writing, vary the list of systemic schools by removing the school from the list with effect from a date specified in the determination, including a date before the making of the determination; and

(b) if the Minister has, pursuant to sub-section (3) or (4), provisionally approved the change—the Minister, subject to sub-section (10), shall, upon becoming satisfied that the school as so relocated has been recognized by the State Education Minister of the State in which the school is situated, by determination in writing, vary the list of systemic schools by including in the list the school as so relocated or partly relocated, with effect from a date specified in the determination, including a date before the making of the determination.

“(10) The Minister shall not, after the expiration of the year 1986, 1987 or 1988, make a determination under paragraph (9) (b) in relation to a relocation or partial relocation of a school proposed to be initiated in that year unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that year.

“(11) Where—

(a) the approved authority of an approved school system initiates, during the year 1986, 1987 or 1988, a change of the kind referred to in sub-paragraph (1) (a) (ii) in respect of a level of education in respect of a school; and

(b) the Minister has, pursuant to sub-section (3) or (4), provisionally approved the proposed change,

the Minister, subject to sub-section (12), shall, upon becoming satisfied that—

(c) the school, in so far as it provides education at that level, has been recognized by the State Education Minister of the State in which the school is situated; and

(d) the school has, on the date on which it is so recognized in so far as it provides education at that level, or on such later date as the Minister, in special circumstances, allows, a number of students enrolled at that level that is not less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that date,

by determination in writing, vary the list of systemic schools by including in the list that school in so far as it provides education at that level, with effect from a date specified in the determination, including a date before the making of the determination.

“(12) The Minister shall not, after the expiration of the year 1986, 1987 or 1988, make a determination under sub-section (11) in relation to the proposed provision at a school of education at a particular level to be initiated in that year unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that year.

“(13) Where—

(a) the approved authority of an approved school system seeks the provision of financial assistance from the Commonwealth commencing in a year between 1986 and 1990 (inclusive) in respect of—

(i) an existing school, or a new school, that is not included in the list of systemic schools;

(ii) an existing school that is included in the list of systemic schools but that is not so included in so far as it provides education at a particular level, being a level at which the school is providing education; or

(iii) an existing school that is included in the list of systemic schools but that is not so included in so far as it provides education at a particular location, being a location at which the school is providing education; and

(b) the school is, or is to be, included in the approved school system,

the approved authority may make application to the Minister for the provision of such financial assistance commencing during that year, the application to—

(c) be by notice in writing accompanied by such particulars as will, in the opinion of the approved authority, permit the Minister to determine whether such financial assistance should be provided by the Commonwealth;

(d) be given to the Minister not later than—

(i) if it is proposed that financial assistance commence to be provided in respect of the school, or in respect of the school in so far as it provides education at that level or that location, during the year 1986—1 year, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year; or

(ii) if it is proposed that financial assistance commence to be provided in respect of the school, or in respect of the school in so far as it provides education at that level or that location, during the year 1987, 1988, 1989 or 1990—2 years, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year; and

(e) request the Minister to provisionally approve the inclusion of the school, or the school in so far as it provides education at that level or that location, in the list of systemic schools as in force for the purposes of this Act or of any subsequent schools assistance Act in force at the time when the proposed financial assistance would commence to be provided.

“(14) Subject to sub-sections (16) and (18), where the Minister has received an application, in accordance with sub-section (13), from the approved authority of an approved school system in respect of the provision of financial assistance in respect of a school, or in respect of a school in so far as it provides education at a particular level or location, the Minister shall—

(a) if the Minister is satisfied that he or she should provisionally approve the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at a particular level (in this paragraph referred to as the ‘relevant level’) or a particular location (in this paragraph referred to as the ‘relevant location’), in the list of systemic schools—provisionally approve, in writing, the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at the relevant level or the relevant location, in the list of systemic schools; or

(b) if the Minister is not satisfied that he or she should provisionally approve the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at a particular level (in this paragraph referred to as the ‘relevant level’) or a particular location (in this paragraph referred to as the ‘relevant location’), in the list of systemic schools—by notice in writing to the approved authority, inform the approved authority accordingly and invite the approved authority to make, within such period as the Minister specifies in the notice, such submissions relating to the proposed provision of financial assistance in respect of the school, or in respect of the school in so far as it provides, or proposes to provide, education at the relevant level or the relevant location, as the approved authority considers appropriate.

“(15) Subject to sub-sections (16) and (18), where the Minister invites an approved authority, pursuant to sub-section (14), to make submissions in respect of the proposed provision of financial assistance in respect of a school, or of a school in so far as it provides, or proposes to provide, education at a particular level or location, within a specified period, the Minister shall consider any submissions made by the approved authority within that period and shall—

(b) if the Minister is not satisfied that he or she should provisionally approve the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at a particular level or location, in the list of systemic schools—by notice in writing to the approved authority, inform the approved authority accordingly.

“(16) The Minister shall not provisionally approve the inclusion of a school, or a school in so far as it provides, or proposes to provide, education at a particular level or location, in the list of systemic schools under sub-section (14) or (15) unless—

(a) the proposed new school;

(b) the existing school that is not included in the list of systemic schools; or

as the case requires, meets the initial eligibility criteria for financial assistance from the Commonwealth.

“(17) For the purposes of sub-section (16), the Minister shall be satisfied that—

(a) a proposed new school;

(b) an existing school that is not included in the list of systemic schools; or

meets the initial eligibility criteria for financial assistance from the Commonwealth if, and only if, the Minister is satisfied that—

(d) the proposed new school, the existing school or the existing school in so far as it provides education at that level or that location, as the case requires—

(i) has reasonable prospects of being able to satisfy the requirements of paragraphs (19) (a) and (c) during the year in which the proposed financial assistance is to commence to be provided; and

(ii) has reasonable prospects of financial viability; and

(e) such government and non-government education authorities for the State in which the school is, or is to be, situated as the Minister considers appropriate have been given notice of—

(i) in a case to which paragraph (a) applies—the proposed new school;

(ii) in a case to which paragraph (b) applies—the proposed inclusion of the existing school in the list of systemic schools; or

(iii) in a case to which paragraph (c) applies—the proposed inclusion of the existing school in so far as it provides education at that level or that location in the list of systemic schools.

“(18) Subject to sub-section (16), the Minister, in deciding at a particular time whether to provisionally approve, under sub-section (14) or (15), the inclusion in the list of systemic schools of a school, or a school in so far as it provides, or proposes to provide, education at a particular level or location, shall 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 school, or the school in so far as it provides, or proposes to provide, education at that level or that location, should, in the opinion of the Minister, be accorded for funding from the Commonwealth.

“(19) Where, pursuant to an application that financial assistance commence to be provided during the year 1986, 1987 or 1988, in respect of a school, or a school in so far as it provides education at a particular level or location, the Minister has, pursuant to sub-section (14) or (15), provisionally approved the inclusion in the list of systemic schools of the school, or the school in so far as it provides, or proposes to provide, education at a particular level (in this sub-section referred to as the ‘relevant level’) or a particular location (in this sub-section referred to as the ‘relevant location’), the Minister shall, as soon as practicable after the commencement of that year but subject to sub-section (20), upon becoming satisfied that—

(a) the school, or the school in so far as it provides education at the relevant level or the relevant location, has been recognized by the State Education Minister of the State in which the school is situated;

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

(c) the school has on the date when it is so recognized, or is so recognized in so far as it provides education at the relevant level, or on such later date as the Minister in special circumstances, allows, a number of students enrolled at each level at which education is provided, or at the relevant level, that is not less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that date,

by determination in writing, vary the list of systemic schools by including in the list that school, or that school in so far as it provides education at the relevant level or the relevant location, with effect from a date specified in the determination, including a date before the making of the determination.

“(20) Where the approved authority of an approved school system makes an application under sub-section (13) that financial assistance commence to be provided during a year in respect of a school, the Minister shall not make a determination under sub-section (19) in respect of that financial assistance after the expiration of that year unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that year.

“(21) Where the Minister—

(a) makes a determination of a kind referred to in sub-section (2), paragraph (9) (a) or (b) or sub-section (11) or (19) varying the list of systemic schools in relation to a school;

(b) provisionally approves, under sub-section (3) or (4), a proposed change to a school; or

(c) provisionally approves, under sub-section (14) or (15), the inclusion in the list of systemic schools of a school, or a school in so far as it provides, or proposes to provide, education at a particular level or location,

the Minister shall give notice in writing of the determination or provisional approval, as the case requires, to the approved authority of the approved school system in which the school is or is to be included.

Non-government systemic schools—funding to a plan

“6b. (1) Where the Minister—

(a) provisionally approves a proposed change in respect of a school under paragraph 6a (3) (a) or (4) (a), being a proposed change of a kind referred to in paragraph 6a (1) (b);

(b) makes a determination of the kind referred to in paragraph 6a (9) (b) or sub-section 6a (11) or (19) varying the list of systemic schools in relation to a school; or

(c) gives notice to the approved authority of an approved school system, under paragraph 6a (4) (b) or (15) (b), in respect of a systemic school,

the Minister may, by determination in writing, vary the list of systemic schools by—

(d) in a case where no maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list— specifying in the list opposite to the name of the school or location, as the case may be, a maximum number of students; or

(e) in a case where a maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list— omitting that number and specifying another maximum number of students in the list opposite to the name of the school or location, as the case may be,

with effect from a date specified in the determination, including a date before the making of the determination.

“(2) Where—

(a) the Minister varies the list of systemic schools under sub-section (1), by virtue of paragraph (1) (a) or (b), in relation to a change proposed to be initiated in respect of a school during the year 1986, 1987 or 1988; and

(b) that year expires without the proposed change being initiated,

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

(c) omitting the maximum number of students specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list and specifying another maximum number of students in the list opposite to the name of the school or location, as the case may be; or

(d) omitting the maximum number of students specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list,

with effect from a date specified in the determination, including a date before the making of the determination.

“(3) Where a maximum number of students is specified in the list of systemic schools opposite to the name of a school or opposite to the name of a location in respect of which the school is included in the list, the approved authority of the approved school system in which the school is included may make application to the Minister for a variation of the list so as to increase the number so specified, such application to be—

(a) made by notice in writing accompanied by such particulars as will, in the opinion of the approved authority, permit the Minister to determine whether to make the variation; and

(b) given to the Minister not later than 2 years, or such lesser period as the Minister, in special circumstances, allows, before the commencement of the year in which the proposed variation would take effect.

“(4) Subject to sub-sections (6) and (7), where the Minister receives notice, in accordance with sub-section (3), from the approved authority of an approved school system in relation to a proposed variation of the list of systemic schools in relation to a school, the Minister shall—

(a) by determination in writing, vary the list in accordance with the proposed variation, with effect from a date specified in the determination, including a date before the making of the determination; or

(b) by notice in writing to the approved authority, inform the approved authority that the Minister is not satisfied that the proposed variation should be made and invite the approved authority to make, within such period as the Minister specifies in the notice, such submissions relating to the proposed variation as the approved authority considers appropriate.

“(5) Subject to sub-sections (6) and (7), where the Minister invites an approved authority, pursuant to sub-section (4), to make submissions in respect of a proposed variation of the list of systemic schools in respect of a school within a specified period, the Minister shall consider any submissions made by the approved authority within that period and shall—

(b) by notice in writing to the approved authority, inform the approved authority that the Minister is not satisfied that the proposed variation should be made.

“(6) The Minister shall vary the list of systemic schools under sub-section (4) or (5) in accordance with a proposed variation of the list in respect of a school if the Minister is satisfied that the proposed variation

will not involve a significant increase in, or alteration to, the school’s clientele.

“(7) Subject to sub-section (6), the Minister shall not vary the list of systemic schools under sub-section (4) or (5) in accordance with a proposed variation of the list in respect of a school unless the Minister is satisfied that 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.

“(8) The Minister shall, in deciding at a particular time whether to vary the list of systemic schools under sub-section (4) or (5) in accordance with a proposed variation of the list in respect of 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 for funding from the Commonwealth.

“(9) Where the Minister makes a determination of the kind referred to in sub-section (1) or (2) or paragraph (4) (a) or (5) (a) varying the list of systemic schools in relation to a school, the Minister shall give notice in writing of the determination to the approved authority of the approved school system in which the school is included.

Non-government systemic schools—variation of list, &c.

“6c. (1) Where—

(a) in the case of a school included in the list of systemic schools with effect from 1 January 1985 or a later date—the number of students enrolled at the school at any level on the schools census date in any year to which section 28 applies; or

(b) in the case of a school included in the list of systemic schools with effect from 1 January 1985 or a later date in respect of the provision of education at a particular level—the number of students enrolled at the school at that level on the schools census date in any year to which section 28 applies,

is less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that schools census date, the Minister may, by notice in writing to the approved authority of the approved school system in which that school is included, inform the approved authority that the Minister proposes, unless the approved authority establishes, by written submission made to the Minister within a period specified in the notice, that there is a special justification for the low enrolment, to vary the list of systemic schools in a manner referred to in sub-section (3).

“(2) Where the approved authority of an approved school system may, pursuant to sub-section (1), make submissions to the Minister within a specified period, the Minister shall, by notice in writing to the approved authority—

(a) if the Minister becomes satisfied, having regard to the submissions that are made, that there exists a special justification for the matter the subject of the submission—inform the approved authority accordingly; and

(b) if the approved authority fails to make any submissions within the specified period or if the Minister, where the approved authority makes submissions within the specified period, after having regard to those submissions, does not become so satisfied—inform the approved authority that he or she is not so satisfied.

“(3) Where the Minister gives the approved authority of an approved school system a notice under paragraph (2) (b) in respect of a school, the Minister may, by determination in writing, vary the list of systemic schools by-

(a) removing the school from the list; or

(b) specifying that the school is included in the list only in so far as it provides education at a specified level,

with effect from the expiration of the 31 December next following the making of the determination.

“(4) Where a school is included in the list of non-systemic schools, the Minister may, by determination in writing, vary the list of systemic schools by including the school in the list, with effect from a date specified in the determination (in this sub-section referred to as the ‘relevant date’), being the date on which the determination is made or a later date, and, where the Minister does so—

(a) the list of systemic schools shall be deemed, with effect from the relevant date, to be so varied;

(b) the list of systemic schools shall be deemed, with effect from the relevant date, to be varied by the specification opposite to the name of the school of the particulars (other than the specification of the level at which financial assistance is provided under section 29 to the school) specified, on the date immediately preceding the relevant date, opposite to the name of the school in the list of non-systemic schools; and

(c) the list of non-systemic schools shall be deemed to be varied by the exclusion of the school from the list with effect from the expiration of the day immediately preceding the relevant date.

“(5) Where the Minister makes a determination of the kind referred to in sub-section (3) or (4) varying the list of systemic schools in relation to a school, the Minister shall give notice in writing of the determination to the approved authority of the approved school system in which the school is included.

“(6) The Minister shall, as soon as practicable after 31 December in each year to which section 28 applies, and may, at such other times as the Minister considers appropriate, cause the list of systemic schools, in a form approved by the Minister for the purposes of this sub-section, to be published in the Gazette.

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

“(8) Where the Minister, pursuant to sub-section 6a (2), (9), (11) or (19) or 6b (1), (2), (4) or (5) or sub-section (3) of this section, varies the list of systemic schools, by determination in writing, in a manner specified in the determination, with effect from a date, or from the expiration of a date, specified in the determination, the list shall, with effect from that date or from the expiration of that date, as the case may be, be deemed to be or to have been so varied.

List of approved school systems

“6d. (1) The Minister may, by notice in writing, declare a school system in a State, or in a part of a State, that consists of non-government schools to be an approved school system for the purposes of this Act.

“(2) Where the Minister makes a declaration under sub-section (1) in relation to a school system, the Minister shall, having regard to the need of the system for financial assistance, specify in the declaration the level (being a level of assistance set out in column 1 of Parts I, II, III and IV of Schedule 9) at which financial assistance is to be provided, under section 28, to the system for the purpose of meeting recurrent expenditure of the system.

“(3) A school system shall, for so long as it is declared by the Minister, for the purposes of this Act, to be an approved school system, be deemed to be included in the list of approved school systems as in force from time to time for the purposes of this Act.

“(4) The Minister may, having regard to any significant change in the need of an approved school system for financial assistance, including a change in the need of the system arising by reason of the inclusion in or exclusion from the list of systemic schools of a school, or a school in so far as it provides education at a particular level, by determination in writing, vary the list of approved school systems by specifying, in the determination, a different level (being a level of assistance set out in column 1 of Parts I, II, III and IV of Schedule 9) as the level at which financial assistance is to be provided, under section 28, in respect of the system for the purpose of meeting recurrent expenditure of the system.

“(5) Where the Minister makes a determination under sub-section (4), the determination shall, unless the Minister, in special circumstances, specifies in the determination that it takes effect from the 1 January preceding the making of the determination, take effect from the expiration of the 31 December next following the making of the determination.

“(6) Where—

(a) the Minister is satisfied that the total expenditure of a recurrent nature, during a year to which section 28 applies, in respect of all the systemic schools in an approved school system, from income received in respect of all those schools in respect of that year from sources other than the Commonwealth Government or the Government of a State, has not been maintained at an adequate level having regard to—

(i) the level of such expenditure during the year 1983, or, in a case where the system has been or is included in the list of approved school systems as in force for the purposes of a previous schools assistance Act or this Act after 1983, during the first full year for which data relating to the level of such expenditure in respect of systemic schools included in the system is available; and

(ii) any other matters that the Minister considers relevant; and

(b) the relevant income of the system (as calculated in accordance with the method specified for the purpose under sub-section 3 (11)) in respect of the most recent year for which data is available to the Commonwealth did not exceed—

(i) if education was provided by the systemic schools included in the system during that year at only one level—the product of the amount that is specified, in accordance with sub-section 3 (10), to be the community standard in relation to that last-mentioned year at the level at which education was provided and the sum of the number of students enrolled at those schools at that level on the schools census date for that year; or

(ii) if education was provided during that year by the systemic schools included in the system at more than one level—the aggregate of the respective products referred to in sub-paragraph (i) for each level at which education was provided by the schools,

the Minister may, by notice in writing, inform the approved authority of the system that, unless the approved authority establishes, by written submission made to the Minister within a period specified in the notice, that there is a special justification for the level of such expenditure during the year that is first-mentioned in paragraph (a), the Minister may, in his or her discretion, take account of the failure so to maintain the level of such expenditure in considering any variation of the level of assistance specified in respect of the system in the list of approved school systems.

“(7) Where the approved authority of an approved school system may, pursuant to sub-section (6), make submissions to the Minister within a specified period, the Minister shall, by notice in writing to the approved authority—

“(8) Where the Minister gives the approved authority of an approved school system notice under paragraph (7) (b), the Minister may, at any time during a year to which section 28 applies, take account of the failure to maintain the level of recurrent expenditure from income of the systemic schools in the system of the kind referred to in paragraph (6) (a) in considering any variation to the level of assistance specified in respect of the system in the list of approved school systems.

“(9) Where—

(a) the Minister is satisfied that the average rate of increase of fees and other compulsory charges of the systemic schools in an approved school system during a year to which section 28 applies is excessive having regard to—

(i) general movements in wages and prices during that year; and

(ii) any other matters that the Minister considers relevant; and

(b) the income from private sources of the system (as calculated in accordance with the method specified for the purpose under sub-section 3 (11)) in respect of the most recent year for which data is available to the Commonwealth exceeds—

(i) if education was provided by the systemic schools included in the system during that year at only one level—the product of the amount that is specified, in accordance with sub-section 3 (10), to be the community standard in relation to that last-mentioned year at the level at which education is provided and the sum of the number of students enrolled at those schools at that level on the schools census date for that year; or

(ii) if education was provided by the systemic schools included in the system during that year at more than one level—the aggregate of the respective products referred to in sub-paragraph (i) for each level at which education was provided by those schools during that year,

the Minister may, by notice in writing, inform the approved authority of the approved school system that, unless the approved authority provides to the Minister a special justification for the increase, the Minister may, in his or her discretion, take that increase into account in determining the level of

assistance applicable to the approved school system under a subsequent schools assistance Act after 31 December 1988.

“(10) The Minister shall, as soon as practicable after 31 December in each year to which section 28 applies, and may, at such other times as the Minister considers appropriate, cause the list of approved school systems, in a form approved by the Minister for the purposes of this sub-section, to be published in the Gazette.

“(11) Where the Minister makes a determination of the kind referred to in sub-section (4) varying the list of approved school systems in relation to an approved school system, the Minister shall give notice in writing of the determination to the approved authority of the approved school system.

“(12) The Minister may, in writing, vary the list of approved school systems for the purpose of correcting clerical errors or making alterations of a formal kind.”.

New non-government non-systemic schools, &c.—1985

8. (1) Section 7 of the Principal Act is amended—

(a) by omitting sub-sections (1) to (4) (inclusive) and substituting the following sub-section:

“(1) Where the Minister has, otherwise than under this Act and before 15 October 1984, received notice of—

(a) a change in the location of a non-systemic school or of a part of a non-systemic school; or

(b) a change consisting of the provision of a new level of education at a non-systemic school,

being a change proposed to be initiated in the year 1985, the Minister shall, by notice in writing to the approved authority of the school—

(c) if the Minister is satisfied that the change meets the criteria for acceptable changes to existing schools—inform the approved authority that the Minister is so satisfied and that he or she provisionally approves the inclusion in the list of non-systemic schools of the school as so relocated or partly relocated or of the school in so far as it provides education at the proposed new level; or

(b) by omitting from sub-section (5) “(4)” and substituting “(1)”;

(d) by omitting from sub-section (6) “(3) (a), or, so far as a change intitiated during the year 1985 is concerned, a change similar to a change so referred to,” and substituting “(1) (a)”;

(e) by omitting from paragraph (6) (a) “(4)” and substituting “(1)”;

(f) by omitting from paragraph (6) (b) “(4)” and substituting “(1)”;

(g) by omitting from sub-section (7) “a year to which section 29 applies” and substituting “the year 1985”;

(h) by omitting from sub-section (7) “(3) (b), or, so far as a change initiated during the year 1985 is concerned, a change similar to a change so referred to,” and substituting “(1) (b)”;

(j) by omitting from sub-section (7) “(4)” and substituting “(1)”;

(k) by omitting from paragraph (8) (a) “(3) (b)” and substituting “(1) (b)”;

(m) by omitting from paragraph (8) (b) “(3) or of a change proposed to be initiated during the year 1985 that is similar to a change so referred to” and substituting “(1)”;

(n) by omitting from sub-paragraph (8) (b) (ii) “the change is proposed to be initiated in the year 1985 and”;

(o) by adding at the end of sub-paragraph (8) (b) (ii) “and”;

(p) by omitting from sub-paragraph (8) (b) (iii) “viability; and” and substituting “viability.”;

(q) by omitting sub-paragraph (8) (b) (iv);

(r) by omitting sub-sections (9) and (10) and substituting the following sub-section:

“(9) Where the Minister has, otherwise than under this Act and before 1 July 1984, received an application for the provision of financial assistance from the Commonwealth commencing in the year 1985 in respect of—

(a) an existing school, or a new school, that is not included in the list of non-systemic schools; or

(b) an existing school that is included in the list of non-systemic schools but that is not so included in so far as it provides education at a particular level, being a level at which the school has provided education at all times since it was included in the list of non-systemic schools as in force for the purpose of this Act or of any previous schools assistance Act,

from the person or body principally responsible for, in the case of an existing school, the control of the school and, in the case of a new school, the establishment of the school, the Minister shall, by notice in writing given to the person or body (in this section referred to as the ‘relevant authority’)—

(c) if the Minister is satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial

assistance from the Commonwealth—inform the relevant authority that the Minister is so satisfied and that he or she provisionally approves the inclusion of the school, or of the school in so far as it provides, or proposes to provide, education at that level, in the list of non-systemic schools; and

(d) if the Minister is not satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth—inform the relevant authority accordingly and invite the relevant authority to make, within such period as the Minister specifies in the notice, such submissions relating to the proposed provision of financial assistance in respect of the school, or in respect of the school in so far as it provides, or proposes to provide, education at that level, as the relevant authority considers appropriate.”;

(s) by omitting from sub-section (11) “(10)” and substituting “(9)”;

(t) by omitting from sub-section (12) “, 1986, 1987 or 1988”;

(u) by omitting from sub-section (12) “(10)” and substituting “(9)”;

(w) by omitting from paragraph (15) (b) “it is proposed that financial assistance from the Commonwealth commence to be provided in respect of the school, or the school in so far as it provides, or proposes to provide, education at that level, during the year 1985 and”;

(y) by adding at the end of paragraph (15) (b) “and”;

(z) by omitting from paragraph (15) (c) “viability; and” and substituting “viability.”;

(za) by omitting paragraph (15) (d); and

(zb) by omitting sub-sections (16) to (23) (inclusive).

(2) Notwithstanding the amendments made by sub-section (1), a determination under sub-section 7 (2) of the Principal Act that is in force immediately before the commencement of this section, continues in force, after the commencement of this section, as if sub-section 7 (2) of the Principal Act had not been omitted.

(3) A notice under sub-section 7 (4) or (10) of the Principal Act that is in force immediately before the commencement of this section continues in force, after the commencement of this section, as if it had been given under sub-section 7 (1) or (9), as the case may be, of the Principal Act as amended by this Act.

(4) A notice, determination, declaration or variation under sub-section 7 (16), (17), (18), (19), (20), (22) or (23) of the Principal Act that is in force immediately before the commencement of this section continues in force, after the commencement of this section, as if it had been given or

made under sub-section 7c (1), (2), (3), (4), (5), (13) or (7), as the case may be, of the Principal Act as amended by this Act.

(5) Where notice of a proposed change to a school, being a change proposed to be initiated during the year 1986 or a subsequent year, was, before the commencement of this section, given to the Minister pursuant to sub-section 7 (3) of the Principal Act, sections 7a and 7b of the Principal Act as amended by this Act apply in relation to the proposed change as if the notice had been given under sub-section 7a (1) of the Principal Act as so amended.

(6) Where an application for the provision of financial assistance from the Commonwealth in respect of a school, being financial assistance proposed to commence during the year 1986 or a subsequent year, was, before the commencement of this section, made under sub-section 7 (9) of the Principal Act, sections 7a and 7b of the Principal Act as amended by this Act apply in relation to the application as if the application had been made under subsection 7a (13) of the Principal Act as so amended.

9. After section 7 of the Principal Act the following sections are inserted:

New non-government non-systemic schools, &c.—1986 and subsequent years

“7a. (1) Where it is proposed, in relation to a non-systemic school, to—

(a) initiate, at any time during a year between 1986 and 1990 (inclusive)—

(i) a change in the location of the school or of any part of the school; or

(ii) a change consisting of the provision of a new level of education at the school; or

(b) initiate, at any time during a year between 1987 to 1990 (inclusive)—

(i) a change consisting of the amalgamation of the school with another school or other schools;

(ii) a change consisting of the separation of the school into 2 or more schools;

(iii) a change of the school from a single-sex school to a coeducational school or from a co-educational school to a single-sex school; or

(iv) a change of the school—

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

(b) from a boarding school, to a day school or to a day and boarding school; or

the approved authority of the school shall inform the Minister, by notice in writing, of the proposed change, the notice to—

(iii) in any other case—2 years, or such lesser period as the Minister, in special circumstances, allows, before the commencement of the year during which it is proposed to initiate the change; and

(d) set out particulars of the proposed change and request the Minister to provisionally approve the proposed change.

“(2) Where—

(a) the approved authority of a school initiates, during the year 1986, 1987 or 1988, a change of a kind referred to in sub-section (1) in respect of the school; and

(b) the approved authority did not inform the Minister, in the manner referred to in sub-section (1), of the change,

the Minister may, by determination in writing, vary the list of non-systemic schools by—

(c) in a case where no maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list—specifying in the list opposite to the name of the school or location, as the case may be, a maximum number of students; or

(d) in a case where a maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list—omitting that number and specifying another maximum number of students in the list opposite to the name of the school or location, as the case may be,

with effect from a date specified in the determination, including a date before the making of the determination.

“(3) Subject to sub-sections (5), (6) and (8), where the Minister receives notice, in accordance with sub-section (1), from the approved authority of a school of a proposed change to the school, the Minister shall—

(a) provisionally approve, in writing, the proposed change; or

financial assistance from the Commonwealth in respect of the proposed change as the approved authority considers appropriate.

“(4) Subject to sub-sections (5), (6) and (8), where the Minister invites the approved authority of a school, pursuant to sub-section (3), to make submissions in respect of the proposed provision of financial assistance from the Commonwealth in respect of a proposed change to the school, within a specified period, the Minister shall consider any submissions made by the approved authority within that period and shall—

(a) provisionally approve, in writing, the proposed change; or

(b) by notice in writing to the approved authority, inform the approved authority that the Minister is not satisfied that he or she should provisionally approve the proposed change.

(b) in the case of a change of the kind referred to in sub-paragraph (1) (a) (ii)—

(i) the school, in so far as it provides education at the proposed new level, has reasonable prospects of being recognized by the State Education Minister for the State in which the school is situated; and

(d) in all cases—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) 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 should, in the opinion of the Minister, be accorded for funding from the Commonwealth.

“(9) Where the approved authority of a school initiates, during the year 1986, 1987 or 1988, a change of the kind referred to in sub-paragraph (1) (a) (i) in respect of the relocation or partial relocation of the school—

(a) if the Minister has informed the approved authority, pursuant to sub-section (4), that the Minister is not satisfied that he or she should provisionally approve the change—the Minister may, by determination in writing, vary the list of non-systemic schools by removing the school from the list with effect from a date specified in the determination, including a date before the making of the determination; and

(b) if the Minister has, pursuant to sub-section (3) or (4), provisionally approved the change—the Minister, subject to sub-section (10), shall, upon becoming satisfied that the school as so relocated has been recognized by the State Education Minister of the State in which the school is situated, by determination in writing, vary the list of non-systemic schools by including in the list the school as so relocated or partly relocated, with effect from a date specified in the determination, including a date before the making of the determination.

“(11) Where—

(a) the approved authority of a school initiates, during the year 1986, 1987 or 1988, a change of the kind referred to in sub-paragraph (1) (a) (ii) in respect of a level of education in respect of the school; and

(b) the Minister has, pursuant to sub-section (3) or (4), provisionally approved the proposed change,

the Minister, subject to sub-section (12), shall, upon becoming satisfied that—

(c) the school, in so far as it provides education at that level, has been recognized by the State Education Minister of the State in which the school is situated; and

by determination in writing, vary the list of non-systemic schools by including in the list that school, in so far as it provides education at that level, with effect from a date specified in the determination, including a date before the making of the determination.

“(13) Where—

(a) a person or body that is principally responsible for—

(i) the control of an existing school, or the establishment of a new school, that is not included in the list of non-systemic schools;

(ii) the control of an existing school that is included in the list of non-systemic schools but that is not so included in so far as it provides education at a particular level, being a level at which the school is providing education; or

(iii) the control of an existing school that is included in the list of non-systemic schools but that is not so included in so far as it provides education at a particular location, being a location at which the school is providing education,

seeks the provision of financial assistance from the Commonwealth commencing in a year between 1986 and 1990 (inclusive) in respect of the school, or in respect of the school in its provision of education at that level or that location; and

(b) the school will not, after that financial assistance commences to be so provided, be included in an approved school system,

the person or body may make application to the Minister for the provision of such financial assistance commencing during that year, the application to—

(c) be by notice in writing accompanied by such particulars as will, in the opinion of the person or body, permit the Minister to determine

whether such financial assistance should be provided by the Commonwealth;

(d) be given to the Minister not later than—

(e) request the Minister to provisionally approve the inclusion of the school, or the school in so far as it provides education at that level or that location, in the list of non-systemic schools as in force for the purposes of this Act or of any subsequent schools assistance Act in force at the time when the proposed financial assistance would commence to be provided.

“(14) Subject to sub-sections (16) and (18), where the Minister has received an application, in accordance with sub-section (13), from a person or body (in this section referred to as the ‘relevant authority’) in relation to the provision of financial assistance in respect of a school, or in respect of a school in so far as it provides education at a particular level or location, the Minister shall—

(a) if the Minister is satisfied that he or she should provisionally approve the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at a particular level (in this paragraph referred to as the ‘relevant level’) or a particular location (in this paragraph referred to as the ‘relevant location’), in the list of non-systemic schools—provisionally approve, in writing, the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at the relevant level or the relevant location, in the list of non-systemic schools; or

(b) if the Minister is not satisfied that he or she should provisionally approve the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at a particular level (in this paragraph referred to as the ‘relevant level’) or a particular location (in this paragraph referred to as the ‘relevant location’), in the list of non-systemic schools—by notice in writing to the relevant authority, inform the relevant authority accordingly and invite the relevant authority to make, within such period as the Minister specifies in the notice, such submissions relating to the proposed provision of financial assistance in respect of the school, or in respect

of the school in so far as it provides, or proposes to provide, education at the relevant level or the relevant location, as the relevant authority considers appropriate.

“(15) Subject to sub-sections (16) and (18), where the Minister invites a relevant authority, pursuant to sub-section (14), to make submissions in respect of the proposed provision of financial assistance in respect of a school, or of a school in so far as it provides, or proposes to provide, education at a particular level or location, within a specified period, the Minister shall consider any submissions made by the relevant authority within that period and shall—

(a) if the Minister is satisfied that he or she should provisionally approve the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at a particular level (in this paragraph referred to as the ‘relevant level’) or a particular location (in this paragraph referred to as the ‘relevant location’), in the list of non-systemic schools—provisionally approve, in writing, the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at the relevant level or the relevant location, in the list of non-systemic schools; or

(b) if the Minister is not satisfied that he or she should provisionally approve the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at a particular level or location, in the list of non-systemic schools—by notice in writing to the relevant authority, inform the relevant authority accordingly.

“(16) The Minister shall not provisionally approve the inclusion of a school, or a school in so far as it provides, or proposes to provide, education at a particular level or location, in the list of non-systemic schools under sub-section (14) or (15) unless—

(a) the proposed new school;

(b) the existing school that is not included in the list of non-systemic schools; or

as the case requires, meets the initial eligibility criteria for financial assistance from the Commonwealth.

“(17) For the purposes of sub-section (16), the Minister shall be satisfied that—

(a) a proposed new school;

(b) an existing school that is not included in the list of non-systemic schools; or

meets the initial eligibility criteria for financial assistance from the Commonwealth if, and only if, the Minister is satisfied that—

(d) the proposed new school, the existing school or the existing school in so far as it provides education at that level or that location, as the case requires—

(i) has reasonable prospects of being able to satisfy the requirements of paragraphs (19) (a) and (c) during the year in which the proposed financial assistance is to commence to be provided; and

(ii) has reasonable prospects of financial viability; and

(e) such government and non-government education authorities for the State in which the school is, or is to be, situated as the Minister considers appropriate have been given notice of—

(i) in a case to which paragraph (a) applies—the proposed new school;

(ii) in a case to which paragraph (b) applies—the proposed inclusion of the existing school in the list of non-systemic schools; or

(iii) in a case to which paragraph (c) applies—the proposed inclusion of the existing school in so far as it provides education at that level or that location in the list of non-systemic schools.

“(18) Subject to sub-section (16), the Minister, in deciding at a particular time whether to provisionally approve, under sub-section (14) or (15), the inclusion in the list of non-systemic schools of a school, or a school in so far as it provides, or proposes to provide, education at a particular level or location, shall have regard to—

(a) the plans (including the plans of the relevant government and non-government education authorities) in existence at that time for the provision of education in the State, and in the locality, in which the school operates or would operate, or provides, or would provide, education at that level or that location;

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

“(19) Where, pursuant to an application that financial assistance commence to be provided during the year 1986, 1987 or 1988, in respect of a school, or a school in so far as it provides education at a particular level or location, the Minister has, pursuant to sub-section (14) or (15), provisionally approved the inclusion in the list of non-systemic schools of the school, or the school in so far as it provides, or proposes to provide, education at a particular level (in this sub-section referred to as the ‘relevant level’) or a particular location (in this sub-section referred to as the ‘relevant

location’), the Minister shall, as soon as practicable after the commencement of that year but subject to sub-section (20), upon becoming satisfied that—

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

(c) the school has, on the date on which it is so recognized, or is so recognized in so far as it provides education at the relevant level, or on such later date as the Minister in special circumstances, allows, a number of students enrolled at each level at which education is provided, or at the relevant level, that is not less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that date,

by determination in writing, vary the list of non-systemic schools by including in the list that school, or that school in so far as it provides education at the relevant level or the relevant location, with effect from a date specified in the determination, including a date before the making of the determination.

“(20) Where the relevant authority of a school makes an application under sub-section (13) that financial assistance commence to be provided during a year in respect of the school, the Minister shall not make a determination under sub-section (19) in respect of that financial assistance after the expiration of that year unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that year.

“(21) Where the Minister makes a determination under sub-section (19) varying the list of non-systemic schools as in force for the purposes of this Act or of a subsequent schools assistance Act by including in the list a school, or a school in so far as it provides education at a particular level or location, the Minister shall, in respect of the school so included, specify in the determination the level, being a level of assistance set out in column 1 of Parts I, II, III and IV of Schedule 9, at which financial assistance is to be provided under section 29 to the school, or to the school in so far as it provides education at that level or that location, for the purpose of meeting recurrent expenditure of the school, or of the school in the provision of education at that level or that location.

“(22) The Minister shall, in determining, for the purposes of sub-section (21), the level at which financial assistance is to be provided under section 29 to a school, or to a school in so far as it provides education at a particular level or location, for the purpose of meeting recurrent expenditure of the school, or of the school in respect of the provision of education at that level or that location, have regard to the need of the school for such assistance.

“(23) Where the Minister—

(a) makes a determination of a kind referred to in sub-section (2), paragraph (9) (a) or (b) or sub-section (11) or (19) varying the list of non-systemic schools in relation to a school;

(b) provisionally approves, under sub-section (3) or (4), a proposed change to a school; or

(c) provisionally approves, under sub-section (14) or (15), the inclusion in the list of non-systemic schools of a school, or a school in so far as it provides, or proposes to provide, education at a particular level or location,

the Minister shall give notice in writing of the determination or provisional approval, as the case requires, to the approved authority, or the relevant authority, as the case requires, of the school.

Non-government non-systemic schools—funding to a plan

“7b. (1) Where the Minister—

(a) provisionally approves a proposed change in respect of a school under paragraph 7a (3) (a) or (4) (a), being a proposed change of a kind referred to in paragraph 7a (1) (b);

(b) makes a determination of the kind referred to in paragraph 7a (9) (b) or sub-section 7a (11) or (19) varying the list of non-systemic schools in relation to a school; or

(c) gives notice, under paragraph 7a (4) (b) or (15) (b), to the approved authority, or the relevant authority, as the case requires, of a non-systemic school,

the Minister may, by determination in writing, vary the list of non-systemic schools by—

with effect from a date specified in the determination, including a date before the making of the determination.

“(2) Where—

(a) the Minister varies the list of non-systemic schools under sub-section (1), by virtue of paragraph (1) (a) or (b), in relation to a change proposed to be initiated in respect of a school during the year 1986, 1987 or 1988; and

(b) that year expires without the proposed change being initiated,

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

(d) omitting the maximum number of students specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list,

with effect from a date specified in the determination, including a date before the making of the determination.

“(3) Where a maximum number of students is specified in the list of non-systemic schools opposite to the name of a school or opposite to the name of a location in respect of which the school is included in the list, the approved authority of the school may make application to the Minister for a variation of the list so as to increase the number so specified, the application to be—

(a) made by notice in writing accompanied by such particulars as will, in the opinion of the approved authority, permit the Minister to determine whether to make the variation; and

“(4) Where an application is made, in accordance with sub-section (3), by the approved authority of a school in relation to a proposed variation of the list of non-systemic schools in relation to the school, the Minister shall—

“(5) Subject to sub-sections (6) and (7), where the Minister invites the approved authority of a school, pursuant to sub-section (4), to make submissions in respect of a proposed variation of the list of non-systemic schools in respect of the school within a specified period, the Minister shall consider any submissions made by the approved authority within that period and shall—

(a) by determination in writing, vary the list in accordance with the proposed variation, with effect from a date specified in the

determination, including a date before the making of the determination; or

(b) by notice in writing to the approved authority, inform the approved authority that the Minister is not satisfied that the proposed variation should be made.

“(6) The Minister shall vary the list of non-systemic schools under sub-section (4) or (5) in accordance with a proposed variation of the list in respect of a school if the Minister is satisfied that the proposed variation will not involve a significant increase in, or alteration to, the school’s clientele.

“(7) Subject to sub-section (6), the Minister shall not vary the list of non-systemic schools under sub-section (4) or (5) in accordance with a proposed variation of the list in respect of a school unless the Minister is satisfied that 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.

“(8) The Minister shall, in deciding at a particular time whether to vary the list of non-systemic schools under sub-section (4) or (5) in accordance with a proposed variation of the list in respect of 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 for funding from the Commonwealth.

“(11) Where the Minister makes a determination of the kind referred to in sub-section (1) or (2) or paragraph (4) (a) or (5) (a) varying the list of non-systemic schools in relation to a school, the Minister shall give notice in writing of the determination to the approved authority of the school.

Non-government non-systemic schools—variation of list, &c.

“7c. (1) Where—

(a) in the case of a school included in the list of non-systemic schools with effect from 1 January 1985 or a later date—the number of students enrolled at the school at any level on the schools census date in any year to which section 29 applies; or

(b) in the case of a school included in the list of non-systemic schools with effect from 1 January 1985 or a later date in respect of the provision of education at a particular level—the number of students enrolled at the school at that level on the schools census date in any year to which section 29 applies,

is less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that schools census date, the Minister may, by notice in writing to the approved authority of the school, inform the approved authority that the Minister proposes, unless the approved authority establishes, by written submission made to the Minister within a period specified in the notice, that there is a special justification for the low enrolment, to vary the list of non-systemic schools in a manner referred to in sub-section (4).

“(2) Where—

(a) the Minister is satisfied that the total expenditure of a recurrent nature, during a year to which section 29 applies, in respect of a non-systemic school from income received in respect of that school in respect of that year from sources other than the Commonwealth Government or the Government of a State has not been maintained at an adequate level having regard to—

(i) the level of such expenditure during the year 1983, or, in the case of a school that has been or is included in the list of non-systemic schools as in force for the purposes of a previous schools assistance Act or this Act after 1983, during the first full year for which data relating to the level of such expenditure is available; and

(ii) any other matters that the Minister considers relevant; and

(b) the relevant income of the school (as calculated in accordance with the method specified for the purpose under sub-section 3 (11)) in respect of the most recent year for which data is available to the Commonwealth did not exceed—

(i) if education was provided by the school during that year at only one level—the product of the amount that is specified, in accordance with sub-section 3 (10), to be the community standard in relation to that last-mentioned year at the level at which education was provided and the sum of the number of students enrolled at that school on the schools census date for that year; or

(ii) if education was provided by the school during that year at more than one level—the aggregate of the respective products referred to in sub-paragraph (i) for each level at which education was provided by the school during that year,

the Minister may, by notice in writing to the approved authority, inform the approved authority that, unless the approved authority establishes, by written submission made to the Minister within a period specified in the notice, that there is a special justification for the level of such expenditure during the year that is first-mentioned in paragraph (a), the Minister may take account of the failure so to maintain the level of such expenditure in considering any variation of the level of assistance specified in respect of the school in the list of non-systemic schools.

“(3) Where an approved authority of a school may, pursuant to sub-section (1) or (2), make submissions to the Minister within a specified period, the Minister shall, by notice in writing given to the approved authority—

(b) if the approved authority fails to make any submissions within the specified period or if the Minister, where the approved authority does make submissions within the specified period, after having regard to those submissions, does not become so satisfied—inform the approved authority that he or she is not so satisfied.

“(4) Where the Minister gives the approved authority of a school a notice under paragraph (3) (b)—

(a) if the notice is given in respect of a low enrolment at the school— the Minister may, by determination in writing, vary the list of non-systemic schools—

(i) by removing the school from the list; or

(ii) by specifying that the school is included in the list only in so far as it provides education at a specified level,

with effect from the expiration of the 31 December next following the making of the determination; or

(b) if the notice is given in respect of a failure to maintain a level of recurrent expenditure from income of the school of the kind referred to in paragraph (2) (a)—the Minister may, at any time during a year to which section 29 applies, take account of the failure so to maintain the level of such expenditure in considering any variation of the level of financial assistance specified in respect of the school in the list of non-systemic schools.

“(5) The Minister may, having regard to any significant change in the need of a non-systemic school for financial assistance for the purpose of meeting recurrent expenditure of the school, by determination in writing, vary the list of non-systemic schools by specifying, in the determination, a different level (being a level of assistance set out in column 1 of Parts I, II, III and IV of Schedule 9) as the level at which financial assistance is to be provided, under section 29, to the school for the purpose of meeting recurrent expenditure of the school.

“(6) Where the Minister makes a determination under sub-section (5), the determination shall, unless the Minister, in special circumstances, specifies in the determination that it takes effect from the 1 January preceding the making of the determination, take effect from the 31 December next following the making of the determination.

“(7) Where—

(a) the Minister is satisfied that the rate of increase of fees and other compulsory charges of a non-systemic school during a year to which section 29 applies is excessive having regard to—

(i) general movements in wages and prices during that year; and

(ii) any other matters that the Minister considers relevant; and

(b) the income from private sources of the school (as calculated in accordance with the method specified for the purpose under subsection 3 (11)) in respect of the most recent year for which data is available to the Commonwealth exceeds—

(i) if education was provided by the school during that year at only one level—the product of the amount that is specified, in accordance with sub-section 3 (10), to be the community standard in relation to that last-mentioned year at the level at which education is provided and the number of students enrolled at the school at that level on the schools census date for that year; or

the Minister may, by notice in writing, inform the approved authority of the school that, unless the approved authority provides to the Minister a special justification for the increase, the Minister may, in his or her discretion, take that increase into account in determining the level of assistance applicable to the school under a subsequent schools assistance Act after 31 December 1988.

“(8) Where a school is included in the list of systemic schools, the Minister may, by determination in writing, vary the list of non-systemic schools by including the school in the list, with effect from a date specified in the determination (in this sub-section referred to as the ‘relevant date’), being the date on which the determination is made or a later date, and, where the Minister does so—

(a) the list of non-systemic schools shall be deemed, with effect from the relevant date to be so varied;

(b) the list of non-systemic schools shall be deemed, with effect from the relevant date, to be varied by the specification opposite to the name of the school of the particulars specified, on the date immediately preceding the relevant date, opposite to the name of the school in the list of systemic schools; and

(c) the list of systemic schools shall be deemed to be varied by the exclusion of the school from the list with effect from the expiration of the day immediately preceding the relevant date.

“(9) Where the Minister makes a determination under sub-section (8) varying the list of non-systemic schools by including a school in the list, the Minister shall, in respect of the school so included, specify in the

determination the level (being a level of assistance set out in column 1 of Parts I, II, III and IV of Schedule 9) at which financial assistance is to be provided, under section 29, to the school for the purpose of meeting recurrent expenditure of the school.

“(10) The Minister shall, in determining, for the purposes of sub-section (9), the level at which financial assistance is to be provided under section 29 to a school for the purpose of meeting recurrent expenditure of the school, have regard to the need of the school for such assistance.

“(11) Where the Minister makes a determination of the kind referred to in paragraph (4) (a) or sub-section (5), (8) or (10) varying the list of non-systemic schools in relation to a school, the Minister shall give notice in writing of the determination to the approved authority of the school.

“(12) The Minister shall, as soon as practicable after 31 December in each year to which section 29 applies, and may, at such other times as the Minister considers appropriate, cause the list of non-systemic schools, in a form approved by the Minister for the purposes of this sub-section, to be published in the Gazette.

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

“(14) Where the Minister, pursuant to sub-section 7a (2), (9), (11) or (19) or 7b (1), (2), (4) or (5) or sub-section (4) of this section, varies the list of non-systemic schools, by determination in writing, in a manner specified in the determination, with effect from a date, or from the expiration of a date, specified in the determination, the list shall, with effect from that date or from the expiration of that date, as the case may be, be deemed to be or to have been so varied.”.

Movement of schools between lists

10. (1) Section 8 of the Principal Act is repealed.

(2) Notwithstanding the repeal of section 8 of the Principal Act by sub-section (1) of this section, a variation to the list of systemic schools, or the list of non-systemic schools, that is, immediately before the commencement of this section, deemed to have occurred by virtue of the operation of section 8 of the Principal Act continues in force, after the commencement of this section, as if that section had not been repealed.

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

11. Section 9 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies” after “expenditure”;

(b) by omitting from paragraph (2) (a) “is applied” and substituting “in respect of expenditure in respect of a year to which this section

applies is applied (after 30 September in the year preceding that year)”;

(d) by omitting paragraph (2) (b) and substituting the following paragraph:

“(b) in the case of financial assistance granted under this section in respect of expenditure in respect of 1985—if, at or before the time of the payment of an amount of financial assistance to the State under this section in respect of expenditure in respect of that year, the Minister determines that so much of that amount as is represented by a specified amount is to be taken to have been paid to the State in respect of that year for a specified prescribed purpose (in this section referred to as a ‘designated amount’ in relation to that prescribed purpose), the State will ensure that—

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

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

(e) by inserting in sub-section (3) “Part I of”before “Schedule”;

(f) by adding at the end the following sub-section:

“(8) This section applies to the years 1985 and 1986.”.

12. Section 10 of the Principal Act is repealed and the following section is substituted:

Limits on grants under section 9

“10. (1) The Minister shall not authorize payments to a State under section 9 in respect of expenditure in respect of the year 1985 that exceed, in the aggregate, the amount specified opposite to the name of the State in column 7 of Part I of Schedule 1.

“(2) The Minister shall not authorize payments to a State under section 9 in respect of expenditure in respect of the year 1986 that exceed, in the aggregate, the amount specified opposite to the name of the State in column 2 of Part II of Schedule 1.

“(3) At any time, and from time to time, during a year to which section 9 applies, but subject to sub-sections (4) and (5), the Minister may direct that this Act shall have effect as if some or all of the amounts specified opposite to the names of States in the Part of Schedule 1 that relates to that year were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule, as from the commencing day, in substitution for those amounts, those amounts as so varied.

“(4) A direction given under sub-section (3) in relation to the year 1985 shall not provide for a variation of any amounts specified in column 2, 3, 4, 5, 6 or 7 of Part I of Schedule 1 in such a way that, after the variation, the aggregate of the amounts specified in column 7 of that Part opposite to the names of States is greater or less than the total amount for all the States specified in that column.

“(5) A direction given under sub-section (3) in relation to the year 1986 shall not provide for a variation of any amounts specified in column 2 of Part II of Schedule 1 in such a way that, after the variation, the aggregate of the amounts specified in that column of that Part opposite to the names of States is greater or less than the total amount for all the States specified in that column.

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

Grants for recurrent expenditure in connection with government schools

13. Section 11 of the Principal Act is amended by omitting from sub-section (2) “the sub-section” and substituting “this sub-section”.

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

14. Section 13 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies” after “expenditure”;

(b) by inserting in sub-section (2) “in respect of recurrent expenditure in respect of a year to which this section applies” after “section” (second occurring);

(d) by adding at the end the following sub-section:

“(3) This section applies to the years 1985 and 1986.”.

15. Section 14 of the Principal Act is repealed and the following section is substituted:

Limits on grants under section 13

“14. The Minister shall not authorize payments to a State under section 13 in respect of recurrent expenditure in respect of a year to which that section applies that exceed, in the aggregate, the amount specified opposite to the name of the State in column 2 of the Part of Schedule 3 that relates to that year.”.

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

16. Section 15 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following subsection:

“(1) The Minister may authorize the payments to a State under this section by way of financial assistance to the State in respect of recurrent expenditure in respect of a year to which this section applies in connection with education in English as a second language provided at or in connection with government schools in the State for persons who are eligible new arrivals in respect of that year, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of—

(a) the amount that is determined by the Minister under section 5 in respect of that year; and

(b) the number of persons who are eligible new arrivals in respect of that year and who will receive education in English as a second language provided in that year at or in connection with government schools in the State.”;

(b) by inserting in paragraph (2) (a) “in respect of recurrent expenditure in respect of a year to which this section applies” after “section”;

(d) by omitting from paragraph (2) (a) “1985” and substituting “that year”;

(e) by omitting from paragraph (2) (a) “for eligible new arrivals”;

(f) by inserting in paragraph (2) (a) “for persons who are eligible new arrivals in respect of that year” after “State” (last occurring);

(g) by inserting in paragraph (2) (b) “in respect of that year” after “eligible new arrival”;

(h) by omitting from sub-paragraph (2) (b) (i) “1985” and substituting “in that year”;

(j) by omitting from sub-paragraph (2) (b) (iii) “1984” and substituting “in the year preceding that year”; and

(k) by adding at the end the following sub-section:

“(3) This section applies to the years 1985 and 1986.”.

Grants for expenditure in connection with government disadvantaged schools

17. Section 16 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies” after “expenditure”;

(b) by inserting in sub-section (2) “in respect of a year to which this section applies” after “section” (second occurring);

(d) by omitting from paragraph (2) (b) “1985” and substituting “in that year”;

(e) by inserting in sub-paragraph (2) (b) (ii) “in respect of that year” after “Minister”; and

(f) by adding at the end the following sub-section:

“(3) This section applies to the years 1985 and 1986.”.

18. Section 17 of the Principal Act is repealed and the following section is substituted:

Limits on grants under section 16

“17. The Minister shall not authorize payments to a State under section 16 in respect of expenditure in respect of a year to which that section applies that exceed, in the aggregate, the amount specified opposite to the name of the State in column 2 of the Part of Schedule 4 that relates to that year.”.

Grants for expenditure in connection with special education at government schools, &c.

19. Section 18 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies” after “expenditure”;

(b) by inserting in sub-section (2) “in respect of expenditure in respect of a year to which this section applies” after “section” (second occurring);

(d) by omitting from sub-section (2) “in column 3 of Schedule 5 opposite to the name of the State” and substituting “opposite to the name of the State in column 3 of the Part of Schedule 5 that relates to that year”;

(e) by omitting from sub-section (3) “1985” and substituting “in a year to which this section applies”;

(f) by inserting in paragraph (3) (b) “in respect of that year” after “Minister”;

(g) by inserting in sub-section (3) “in respect of that year” after “expenditure” (last occurring); and

(h) by adding at the end the following sub-section:

“(4) This section applies to the years 1985 and 1986.”.

Limits on grants under section 18, &c.

20. Section 19 of the Principal Act is amended by omitting sub-sections (1), (2) and (3) and substituting the following sub-sections:

“(1) The Minister shall not authorize payments to a State under section 18 in respect of expenditure in respect of a year to which that section applies that exceed, in the aggregate, the amount specified opposite to the name of the State in column 2 of the Part of Schedule 5 that relates to that year.

“(2) At any time, and from time to time, during a year to which section 18 applies, but subject to sub-section (3), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act shall have effect as if some or all of the amounts specified opposite to the name of the State in columns 2 and 4 of the Part of Schedule 5 that relates to that year were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule, as from the commencing day, in substitution for those amounts, those amounts as so varied.

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

21. Section 23 of the Principal Act is repealed and the following section is substituted:

Limits on grants under section 22

“23. (1) The Minister shall not authorize payments to a State under section 22 in respect of recurrent expenditure in connection with the provision of programs of basic learning in respect of the year 1985 or 1986

that exceed, in the aggregate, the amount specified opposite to the name of the State in column 2 of the Part of Schedule 7 that relates to that year.

“(2) The Minister shall not authorize payments to the States under section 22 in respect of recurrent expenditure in connection with the provision of programs of basic learning in respect of the year 1987 that exceed, in the aggregate, $5,512,000.”.

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

22. Section 24 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which that section applies” after “section 9”;

(b) by omitting from sub-section (1) “1986” and substituting “in the year following that year”;

(c) by omitting from paragraph (1) (a) “in relation to that financial assistance” and substituting “in respect of the amount so granted in that year”;

(d) by inserting in sub-paragraph (1) (b) (i) “in that year” after “State”;

(e) by inserting in sub-paragraph (1) (b) (ii) “in that year” after “State”;

(f) by inserting in sub-section (3) “in respect of a year to which that section applies” after “20 or 22”;

(g) by omitting from sub-section (3) “1986” and substituting “in the year following that year”; and

(h) by inserting in paragraph (3) (a) “in respect of the amount so granted in that year” after “fulfilled”.

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

23. (1) Section 25 of the Principal Act is amended—

(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:

“(1) For the purposes of section 26, the Minister may, subject to this section, approve, in respect of a year to which section 26 applies, building projects and equipment projects in connection with non-government primary schools in a State, building projects and equipment projects in connection with non-government secondary schools in a State and building projects and equipment projects in connection with non-government centres in a State.

“(2) Where the Minister approves a building project or equipment project under sub-section (1) in respect of a year to which section 26 applies, the Minister may, in the instrument of approval, specify—

(a) the maximum amount to be paid under section 26 in respect of that project in respect of that year; and

(b) conditions, other than conditions referred to in sub-paragraphs 26 (2) (b) (i), (ii), (iii) and (v), in relation to which the approved authority for the school concerned with the project will be required to enter into an agreement with the Commonwealth before the State makes a grant to the approved authority under section 26 in relation to the project in respect of that year.

“(2a) Where the Minister approves a building project or equipment project under sub-section (1) in respect of the year 1985, the Minister may, in the instrument of approval, specify a prescribed purpose in relation to which that project is so approved.”;

(b) by inserting in sub-section (3) “in respect of the year 1985” after “projects” (second occurring);

(d) by inserting in paragraph (3) (a) “Part I of” before “Schedule”; and

(e) by inserting in paragraph (3) (b) “in respect of that year” after “project” (first occurring).

(2) Where an approval of a building project under sub-section 25 (1) of the Principal Act that is in force immediately before the commencement of this section specifies, pursuant to paragraph 25 (2) (a) of the Principal Act, a prescribed purpose in relation to which the project is approved, the approval continues in force, after the commencement of this section, as if the prescribed purpose had been specified in relation to the project pursuant to sub-section 25 (2a) of the Principal Act as amended by this Act.

(3) Where an approval of a building project under sub-section 25 (1) of the Principal Act that is in force immediately before the commencement of this section specifies, pursuant to paragraph 25 (2) (b) or (c) of the Principal Act, a maximum amount to be paid under section 26 of the Principal Act in respect of the project or particular conditions in respect of the project, the approval continues in force, after the commencement of this section, as if that maximum amount or those conditions had been specified in relation to the project pursuant to paragraph 25 (2) (a) or (b), as the case requires, of the Principal Act as amended by this Act.

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

24. Section 26 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following subsection:

“(1) Subject to sub-sections 27 (1), (2) and (4), the Minister may, under this sub-section, authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in respect of a year to which this section applies in

relation to a project approved under section 25 in respect of that year, of such amounts as the Minister determines.

“(1a) Subject to sub-sections 27 (3) and (4), the Minister may, under this sub-section, authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in respect of the year 1986 in relation to a project approved under section 25 in respect of that year, of such amounts as the Minister determines.”;

(b) by inserting in sub-section (2) “in respect of a year to which this section applies” after “25”;

(d) by inserting in paragraph (2) (a) “or centre” after “school”;

(e) by omitting from sub-paragraph (2) (b) (i) “in relation to the project is applied” and substituting “in respect of that year in relation to the project is applied (after 30 September in the year preceding that year)”;

(f) by inserting in paragraph (2) (b) “in respect of that year” after “section” (first occurring);

(g) by inserting in paragraph (2) (b) “in respect of that year, or in respect of a number of years including that year,” after “Commonwealth” (second occurring);

(h) by inserting in sub-paragraph (2) (b) (i) “in respect of that year” after “section”;

(j) by omitting from sub-paragraph (2) (b) (i) “1985” and substituting “in that year”;

(k) by inserting in sub-paragraph (2) (b) (iii) “in respect of the amount so granted in that year” after “fulfilled”;

(m) by inserting in paragraph (2) (c) “in respect of that year” after “project” (first occurring);

(n) by inserting in paragraph (2) (c) “in respect of that year” after “section” (first occurring);

(o) by inserting in paragraph (2) (c) “in respect of that year, or in respect of a number of years including that year,” after “Commonwealth” (second occurring);

(p) by inserting “or she” after “he” in paragraph (b) of the definition of “prescribed period” in sub-section (3);

(q) by inserting in sub-section (4) “or non-government centre” after “school”; and

(r) by adding at the end the following sub-section:

“(5) This section applies to the years 1985 and 1986.”.

Limits on grants under section 26, &c.

25. Section 27 of the Principal Act is amended by omitting sub-sections (1), (2), (3) and (4) and substituting the following sub-sections:

“(1) The Minister shall not authorize, under sub-section 26 (1), payments to a State under section 26 in respect of expenditure in respect of the year 1985 in relation to projects approved under section 25 in respect of that year that exceed, in the aggregate, the amount specified opposite to the name of the State in column 6 of Part I of Schedule 8.

“(2) The Minister shall not authorize, under sub-section 26 (1), payments to a State under section 26 in respect of expenditure in respect of the year 1986 in relation to projects approved under section 25 in respect of that year that exceed, in the aggregate, the amount specified opposite to the name of the State in column 2 of Part II of Schedule 8.

“(3) The Minister shall not authorize, under sub-section 26 (1a), payments to the States under section 26 in respect of expenditure in respect of the year 1986 in relation to projects approved under section 25 in relation to that year that exceed, in the aggregate, $2,679,000.

“(4) Where a maximum amount is specified under sub-section 25 (2) in relation to a project in respect of a year to which section 26 applies, the Minister shall not authorize payments to a State under that section, by way of financial assistance to the State in respect of expenditure in relation to the project in respect of that year, of amounts that exceed, in the aggregate, that maximum amount.

“(4a) At any time, and from time to time, during a year to which section 26 applies, but subject to sub-sections (4b) and (4c), the Minister may direct that this Act has effect as if some or all of the amounts specified opposite to the names of States in the Part of Schedule 8 that relates to that year were varied in accordance with the direction, and, where the Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule, as from the commencing day, in substitution for those amounts, those amounts as so varied.

“(4b) A direction given under sub-section (4a) in relation to the year 1985 shall not provide for a variation of any amounts specified in column 2, 3, 4, 5 or 6 of Part I of Schedule 8 in such a way that, after the variation, the aggregate of the amounts specified in column 6 of that Part opposite to the names of States is greater or less than the total amount for all States specified in that column.

“(4c) A direction given under sub-section (4a) in relation to the year 1986 shall not provide for a variation of any amounts specified in column 2 of Part II of Schedule 8 in such a way that, after the variation, the aggregate of the amounts specified in that column of that Part opposite to the names of States is greater or less than the total amount for all States specified in that column.”.

Grants for recurrent expenditure of systemic schools

26. (1) Section 28 of the Principal Act is amended—

(a) by inserting in paragraph (1) (g) “on or after 1 January 1985 and is situated” after “school” (third occurring); and

(b) by inserting in paragraph (1) (h) “on or after 1 January 1985 and is situated” after “school” (third occurring).

(2) Section 28 of the Principal Act is amended—

(a) by inserting after sub-section (6) the following sub-section:

“(6a) In determining pursuant to sub-paragraph (6) (b) (i) the amount to be applied for the purposes of meeting recurrent expenditure in respect of a year of each of the systemic schools in an approved school system, the approved authority of the approved school system shall have regard to the respective needs of the systemic schools in the approved school system.”;

(b) by omitting from paragraph (7) (c) “primary students enrolled at that” and substituting “number of students receiving primary education at the”; and

(c) by omitting from paragraph (7) (d) “secondary students enrolled in” and substituting “number of students receiving secondary education at”.

27. After section 28 of the Principal Act the following sections are inserted:

Systemic schools—limits on funding where number of students at particular level exceeds maximum number of students for that level

“28a. (1) Where—

(a) a maximum number of primary students is, as at a particular date, specified in the list of systemic schools opposite to the name of a school; and

(b) the number of students receiving primary education at the school on that date is greater than the maximum number referred to in paragraph (a),

the number of students receiving primary education at the school on that date shall, for the purposes of sub-section 28 (1) (including for the purposes of any resource agreement of the kind referred to in paragraph 28 (1) (e) or (f)), be taken to be reduced by a number equal to the difference between the number of students receiving primary education at the school on that date and the maximum number referred to in paragraph (a).

“(2) Where—

(a) a maximum number of junior secondary students is, as at a particular date, specified in the list of systemic schools opposite to the name of a school; and

(b) the number of students receiving junior secondary education at the school on that date is greater than the maximum number referred to in paragraph (a),

the number of students receiving secondary education at the school on that date shall, for the purposes of sub-section 28 (1) (including for the purposes of any resource agreement of the kind referred to in paragraph 28 (1) (e) or (f)), be taken to be reduced by a number equal to the difference between the number of students receiving junior secondary education at the school on that date and the maximum number referred to in paragraph (a).

“(3) Where—

(a) a maximum number of senior secondary students is, as at a particular date, specified in the list of systemic schools opposite to the name of a school; and

(b) the number of students receiving senior secondary education at the school on that date is greater than the maximum number referred to in paragraph (a),

the number of students receiving secondary education at the school on that date shall, for the purposes of sub-section 28 (1) (including for the purposes of any resource agreement of the kind referred to in paragraph 28 (1) (e) or (f)), be taken to be reduced by a number equal to the difference between the number of students receiving senior secondary education at the school on that date and the maximum number referred to in paragraph (a).

Systemic schools—limits on funding where number of students at particular level at particular location exceeds maximum number of students for that level at that location

“28b. (1) Where a maximum number of students is specified in the list of systemic schools opposite to the name of a location in respect of which a school is included in the list, the Minister may, by notice in writing to the approved authority of the approved school system in which the school is included, request the approved authority to give to the Minister, within such period as the Minister specifies in the notice, a statement in writing, in a form approved by the Minister, that contains particulars of the number of students receiving education on a date specified in the notice at the school at that location at a level, or levels, specified in the notice and where the Minister makes such a request the approved authority shall comply with the request.

“(2) Where—

(a) a maximum number of primary students is, as at a particular date, specified in the list of systemic schools opposite to the name of a location in respect of which a school is included in the list;

(b) the Minister determines, in writing, that a number specified in the determination is to be taken to be, for the purposes of this subsection, the number of students receiving primary education at the school at that location on that date; and

the number of students receiving primary education at the school on that date shall, for the purposes of sub-section 28 (1) (including for the purposes of any resource agreement of the kind referred to in paragraph 28 (1) (e) or (f)), be taken to be reduced by a number equal to the difference between the number referred to in paragraph (b) and the maximum number referred to in paragraph (a).

“(3) Where—

(a) a maximum number of junior secondary students is, as at a particular date, specified in the list of systemic schools opposite to the name of a location in respect of which a school is included in the list;

(b) the Minister determines, in writing, that a number specified in the determination is to be taken to be, for the purposes of this sub-section, the number of students receiving junior secondary education at the school at that location on that date; and

the number of students receiving secondary education at the school on that date shall, for the purposes of sub-section 28 (1) (including for the purposes of any resource agreement of the kind referred to in paragraph 28 (1) (e) or (f)), be taken to be reduced by a number equal to the difference between the number referred to in paragraph (b) and the maximum number referred to in paragraph (a).

“(4) Where—

(a) a maximum number of senior secondary students is, as at a particular date, specified in the list of systemic schools opposite to the name of a location in respect of which a school is included in the list;

(b) the Minister determines, in writing, that a number specified in the determination is to be taken to be, for the purposes of this subsection, the number of students receiving senior secondary education at the school at that location on that date; and

the number of students receiving secondary education at the school on that date shall, for the purposes of sub-section 28 (1) (including for the purposes of any resource agreement of the kind referred to in paragraph 28 (1) (e) or (f)), be taken to be reduced by a number equal to the difference between the number referred to in paragraph (b) and the maximum number referred to in paragraph (a).”.

28. After section 29 of the Principal Act the following sections are inserted:

Non-systemic schools—limits on funding where number of students at particular level exceeds maximum number of students for that level

“29a. (1) Where—

(a) a maximum number of primary students is, as at a particular date, specified in the list of non-systemic schools opposite to the name of a school; and

(b) the number of students receiving primary education at the school on that date is greater than the maximum number referred to in paragraph (a),

the number of students receiving primary education at the school on that date shall, for the purposes of sub-section 29 (1), be taken to be reduced by a number equal to the difference between the number of students receiving primary education at the school on that date and the maximum number referred to in paragraph (a).

“(2) Where—

(a) a maximum number of junior secondary students is, as at a particular date, specified in the list of non-systemic schools opposite to the name of a school; and

(b) the number of students receiving junior secondary education at the school on that date is greater than the maximum number referred to in paragraph (a),

the number of students receiving secondary education at the school on that date shall, for the purposes of sub-section 29 (1), be taken to be reduced by a number equal to the difference between the number of students receiving junior secondary education at the school on that date and the maximum number referred to in paragraph (a).

“(3) Where—

(a) a maximum number of senior secondary students is, as at a particular date, specified in the list of non-systemic schools opposite to the name of a school; and

(b) the number of students receiving senior secondary education at the school on that date is greater than the maximum number referred to in paragraph (a),

the number of students receiving secondary education at the school on that date shall, for the purposes of sub-section 29 (1), be taken to be reduced by a number equal to the difference between the number of students receiving senior secondary education at the school on that date and the maximum number referred to in paragraph (a).

Non-systemic schools—limits on funding where number of students at particular level at particular location exceeds maximum number of students for that level at that location

“29b. (1) Where a maximum number of students is specified in the list of non-systemic schools opposite to the name of a location in respect of which a school is included in the list, the Minister may, by notice in writing to the approved authority of the school, request the approved authority to give to the Minister, within such period as the Minister specifies in the notice, a statement in writing, in a form approved by the Minister, that contains particulars of the number of students receiving education on a date specified in the notice at the school at that location at a level, or levels, specified in the notice and where the Minister makes such a request the approved authority shall comply with the request.

“(2) Where—

(a) a maximum number of primary students is, as at a particular date, specified in the list of non-systemic schools opposite to the name of a location in respect of which a school is included in the list;

the number of students receiving primary education at the school on that date shall, for the purposes of sub-section 29 (1), be taken to be reduced by a number equal to the difference between the number referred to in paragraph (b) and the maximum number referred to in paragraph (a).

“(3) Where—

(a) a maximum number of junior secondary students is, as at a particular date, specified in the list of non-systemic schools opposite to the name of a location in respect of which a school is included in the list;

(b) the Minister determines, in writing, that a number specified in the determination is to be taken to be, for the purposes of this subsection, the number of students receiving junior secondary education at the school at that location on that date; and

the number of students receiving secondary education at the school on that date shall, for the purposes of sub-section 29 (1), be taken to be reduced by a number equal to the difference between the number referred to in paragraph (b) and the maximum number referred to in paragraph (a).

“(4) Where—

(a) a maximum number of senior secondary students is, as at a particular date, specified in the list of non-systemic schools opposite to the name of a location in respect of which a school is included in the list;

the number of students receiving secondary education at the school on that date shall, for the purposes of sub-section 29 (1), be taken to be reduced by a number equal to the difference between the number referred to in paragraph (b) and the maximum number referred to in paragraph (a).”.

Additional grants for schools in need of short-term emergency assistance

29. Section 31 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) If—

(a) a systemic school in an approved school system in a State is a school that is, in relation to a year to which this section applies, a school in need of short-term emergency assistance; or

(b) a number of systemic schools in an approved school system in a State are schools that are, in relation to a year to which this section applies, schools in need of short-term emergency assistance,

the Minister may authorize the payment to the State, by way of financial assistance to the State in respect of expenditure to provide short-term emergency assistance for that school or those schools in respect of that year, of such amounts as the Minister determines.”;

(b) by inserting in sub-section (2) “a school that is, in relation to a year to which this section applies, a school” after “State is”;

(d) by inserting in sub-section (3) “in respect of a year to which this section applies” after “system” (first occurring);

(e) by inserting in paragraph (3) (a) “in respect of that year,” after “schools,”;

(f) by inserting in paragraph (3) (b) “in respect of that year” after “paragraph (a)”;

(g) by inserting in paragraph (3) (b) “in respect of that year, or in respect of a number of years including that year,” after “Commonwealth” (second occurring);

(h) by inserting in sub-paragraph (3) (b) (i) “in respect of that year” after “as the case may be,”;

(j) by omitting from sub-paragraph (3) (b) (i) “the year 1985” and substituting “that year”;

(k) by omitting from sub-paragraph (3) (b) (ii) “1986” and substituting “in the year following that year”;

(m) by omitting from sub-sub-paragraph (3) (b) (ii) (a) “fullfilled” and substituting “fulfilled in respect of the amount so granted in that year”;

(n) by inserting in sub-sub-paragraph (3) (b) (ii) (b) “in that year, being expenditure” after “system”;

(o) by inserting in sub-section (4) “in respect of a year to which this section applies” after “school” (first occurring);

(p) by inserting in paragraph (4) (a) “in respect of that year” after “school” (second occurring);

(q) by inserting in paragraph (4) (b) “in respect of that year” after “paragraph (a)”;

(r) by inserting in paragraph (4) (b) “in respect of that year, or in respect of a number of years including that year,” after “Commonwealth” (second occurring);

(s) by inserting in sub-paragraph (4) (b) (i) “in respect of that year” after “school” (first occurring);

(t) by omitting from sub-paragraph (4) (b) (i) “the year 1985” and substituting “that year”;

(u) by omitting from sub-paragraph (4) (b) (ii) “1986” and substituting “in the year following that year”;

(w) by inserting in sub-sub-paragraph (4) (b) (ii) (a) “in respect of the amount so granted in that year” after “fulfilled”;

(y) by inserting in sub-sub-paragraph (4) (b) (ii) (b) “in that year” after “school”; and

(z) by omitting sub-section (5) and substituting the following sub-sections:

“(5) The payments authorized by the Commonwealth Education Minister under sub-sections (1) and (2) in respect of a year to which this section applies shall not exceed, in the aggregate, the amount specified in column 1 of the Part of Schedule 11 that relates to that year.

“(6) This section applies to the years 1985 and 1986.”.

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

30. Section 32 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies” after “system” (last occurring);

(b) by inserting in sub-section (2) “in respect of a year to which this section applies” after “system” (second occurring);

(d) by inserting in paragraph (2) (b) “in respect of that year” after “section” (first occurring);

(e) by inserting in paragraph (2) (b) “in respect of that year, or in respect of a number of years including that year,” after “Commonwealth” (second occurring);

(f) by inserting in sub-paragraph (2) (b) (i) “in respect of that year” after “section”;

(g) by omitting from sub-paragraph (2) (b) (i) “the year 1985” and substituting “that year”;

(h) by inserting in sub-paragraph (2) (b) (ii) “in that year” after “applied”;

(j) by omitting from sub-paragraph (2) (b) (iii) “1986” and substituting “in the year following that year”;

(k) by inserting in sub-sub-paragraph (2) (b) (iii) (a) “in respect of the amount so granted in that year” after “fulfilled”; and

(m) by adding at the end the following sub-section:

“(3) This section applies to the years 1985 and 1986.”.

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

31. Section 33 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies,” after “the case may be,”;

(b) by inserting in sub-section (2) “in respect of a year to which this section applies,” after “the case may be,”;

(d) by inserting in paragraph (2) (b) “in respect of that year” after “section” (first occurring);

(e) by inserting in paragraph (2) (b) “in respect of that year, or in respect of a number of years including that year,” after “Commonwealth” (second occurring);

(f) by inserting in sub-paragraph (2) (b) (i) “in respect of that year” after “section”;

(g) by omitting from sub-paragraph (2) (b) (i) “the year 1985” and substituting “that year”;

(h) by inserting in sub-paragraph (2) (b) (iii) “in that year” after “applied”;

(j) by omitting from sub-paragraph (2) (b) (iv) “1986” and substituting “in the year following that year”;

(k) by inserting in sub-sub-paragraph (2) (b) (iv) (a) “in respect of the amount so granted in that year” after “fulfilled”; and

(m) by adding at the end the following sub-section:

“(4) This section applies to the years 1985 and 1986.”.

32. Section 34 of the Principal Act is repealed and the following section is substituted:

Limits on grants under sections 32 and 33

“34. (1) The Minister shall not authorize payments to the States under sections 32 and 33 in respect of a year to which this section applies that exceed, in the aggregate, the amount specified in column 2 of the Part of Schedule 11 that relates to that year.

“(2) This section applies to the years 1985 and 1986.”.

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

33. Section 35 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved school system in the State in respect of a year to which this section applies in connection with education in English as a second language provided at or in connection with systemic schools in the approved school system for persons who are eligible new arrivals in respect of that year, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of—

(a) the amount that is determined by the Minister under section 5 in respect of that year; and

(b) by omitting from sub-section (2) “in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with systemic schools in the approved

school system” and substituting “in respect of a year to which this section applies”;

(d) by omitting from paragraph (2) (b) “of an approved school system under this section” and substituting “under this section in respect of that year”;

(e) by inserting in paragraph (2) (b) “in respect of that year, or in respect of a number of years including that year,” after “Commonwealth” (second occurring);

(f) by inserting in sub-paragraph (2) (b) (i) “in respect of that year” after “section”;

(g) by omitting from sub-paragraph (2) (b) (i) “1985” and substituting “that year”;

(h) by omitting from sub-paragraph (2) (b) (i) “those schools” (first occurring) and substituting “systemic schools in the approved school system”;

(j) by omitting from sub-paragraph (2) (b) (i) “for eligible new arrivals”;

(k) by inserting in sub-paragraph (2) (b) (i) “for persons who are eligible new arrivals in respect of that year” after “schools” (last occurring);

(m) by inserting in sub-paragraph (2) (b) (ii) “in respect of that year” after “eligible new arrival”;

(n) by omitting from sub-sub-paragraph (2) (b) (ii) (a) “1985” and substituting “in that year”;

(o) by omitting from sub-sub-paragraph (2) (b) (ii) (c) “1984” and substituting “in the year preceding that year”;

(p) by inserting in sub-paragraph (2) (b) (iii) “in that year” after “applied”;

(q) by omitting from sub-paragraph (2) (b) (iv) “1986” and substituting “in the year following that year”;

(r) by inserting in sub-sub-paragraph (2) (b) (iv) (a) “in respect of the amount so granted in that year” after “fulfilled”; and

(s) by adding at the end the following sub-section:

“(3) This section applies to the years 1985 and 1986.”.

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

34. Section 36 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) The Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of

recurrent expenditure of a non-systemic school in the State in respect of a year to which this section applies in connection with education in English as a second language provided at or in connection with the school for persons who are eligible new arrivals in respect of that year, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of—

(a) the amount that is determined by the Minister under section 5 in respect of that year; and

(b) by omitting from sub-section (2) “in the State in connection with education in English as a second language for eligible new arrivals provided at or in connection with the school” and substituting “in respect of a year to which this section applies”;

(d) by inserting in paragraph (2) (b) “in respect of that year” after “section”;

(e) by inserting in paragraph (2) (b) “in respect of that year, or in respect of a number of years including that year” after “Commonwealth” (second occurring);

(f) by inserting in sub-paragraph (2) (b) (i) “in respect of that year” after “section”;

(g) by omitting from sub-paragraph (2) (b) (i) “1985” and substituting “that year”;

(h) by omitting from sub-paragraph (2) (b) (i) “for eligible new arrivals”;

(j) by inserting in sub-paragraph (2) (b) (i) “for persons who are eligible new arrivals in respect of that year” after “school” (last occurring);

(k) by inserting in sub-paragraph (2) (b) (ii) “in respect of that year” after “eligible new arrival”;

(m) by omitting from sub-sub-paragraph (2) (b) (ii) (a) “1985” and substituting “in that year”;

(n) by omitting from sub-sub-paragraph (2) (b) (ii) (c) “1984” and substituting “in the year preceding that year”;

(o) by omitting from sub-paragraph (2) (b) (iv) “1986” and substituting “in the year following that year”;

(p) by inserting in sub-sub-paragraph (2) (b) (iv) (a) “in respect of the amount so granted in that year” after “fulfilled”; and

(q) by adding at the end the following sub-section:

“(3) This section applies to the years 1985 and 1986.”.

Grants for expenditure of systemic disadvantaged schools

35. Section 37 of the Principal Act is amended—

(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:

“(1) Subject to section 39, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure of an approved school system in the State in respect of a year to which this section applies in connection with any systemic disadvantaged school or systemic disadvantaged schools, of such amounts as the Minister determines.

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

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

(b) the State will not make a payment to the approved authority under this section in respect of that year unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the approved authority has agreed or agrees with the Commonwealth in respect of that year, or in respect of a number of years including that year, to be bound by the following conditions:

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

(a) recurrent expenditure, in respect of that year, of that school or those schools, and of the approved authority in respect of that school or those schools, in such proportions as the Commonwealth Education Minister determines in respect of that year; or

(b) expenditure, in respect of commitments already undertaken or to be undertaken not later than

31 December in that year, in relation to minor building projects, or minor equipment projects, in connection with that school or those schools, being projects the expenditure in relation to which does not exceed, in the aggregate, such amount (if any) as is approved by the Commonwealth Education Minister in respect of that year in relation to that school or those schools for the purposes of this sub-sub-paragraph or projects that are approved by the Commonwealth Education Minister in respect of that year for the purposes of this section;

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

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

(a) a certificate by a person who is a qualified accountant to the effect that the person is satisfied that the condition specified in sub-paragraph (i) has been fulfilled in respect of the amount so granted in that year; and

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

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

(b) by adding at the end the following sub-section:

“(4) This section applies to the years 1985 and 1986.”.

Grants for expenditure of non-systemic disadvantaged schools

36. Section 38 of the Principal Act is amended—

(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:

“(1) Subject to section 39, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in respect of a year to which this section applies of a non-systemic disadvantaged school in the State of such amounts as the Minister determines.

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

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

(a) recurrent expenditure, in respect of that year, of the school; or

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

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

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

(b) by adding at the end the following sub-section:

“(4) This section applies to the years 1985 and 1986.”.

37. Section 39 of the Principal Act is repealed and the following section is substituted:

Limits on grants under sections 37 and 38

“39. (1) The Minister shall not authorize payments to a State under sections 37 and 38 in respect of a year to which this section applies that exceed, in the aggregate, the amount specified opposite to the name of the State in column 3 of the Part of Schedule 4 that relates to that year.

“(2) This section applies to the years 1985 and 1986.”.

Grants for expenditure in connection with special education at non-government schools, &c.

38. Section 40 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-sections:

“(1) Subject to sub-section 41 (1), the Minister may authorize, under this sub-section, the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with special education provided at or in connection with a non-government school or non-government centre in the State in respect of a year to which this section applies, of such amounts as the Minister determines.

“(1a) Subject to sub-section 41 (2), the Minister may authorize, under this sub-section, the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with special education provided at or in connection with a non-government school or non-government centre in the State in respect of the year 1986, of such amounts as the Minister determines.”;

(b) by inserting in sub-section (2) “in respect of a year to which this section applies” after “State” (second occurring);

(d) by inserting in paragraph (2) (b) “in respect of that year” after “school” (wherever occurring);

(e) by inserting in paragraph (2) (c) “in respect of that year” after “section” (first occurring);

(f) by inserting in paragraph (2) (c) “in respect of that year, or in respect of a number of years including that year,” after “Commonwealth” (second occurring);

(g) by inserting in sub-paragraph (2) (c) (i) “in respect of that year” after “section”;

(h) by omitting from sub-paragraph (2) (c) (i) “the year 1985” and substituting “that year”;

(j) by inserting in sub-paragraph (2) (c) (i) “in respect of that year” after “authority” (fifth occurring);

(k) by inserting in sub-paragraph (2) (c) (i) “in respect of that year” after “school” (last occurring);

(m) by omitting from sub-paragraph (2) (c) (ii) “that amount” and substituting “so much of that amount as is applied in that year”;

(n) by omitting from sub-paragraph (2) (c) (iii) “1986” and substituting “in the year following that year”;

(o) by inserting in sub-sub-paragraph (2) (c) (iii) (a) “in respect of the amount so granted in that year” after “fulfilled”;

(p) by omitting sub-section (3) and substituting the following sub-section:

“(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 year to which this section applies on the additional condition that the State will ensure that the total of all amounts specified by the State, for the purposes of paragraph (2) (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 specified opposite to the name of the State in column 5 of the Part of Schedule 5 that relates to that year.”;

(q) by omitting from sub-section (4) “1985” and substituting “in a year to which this section applies”;

(r) by inserting in sub-section (4) “in respect of that year” after “school” (last occurring);

(s) by adding at the end of sub-section (4) “in respect of that year”; and

(t) by adding at the end the following sub-section:

“(5) This section applies to the years 1985 and 1986.”.

39. Section 41 of the Principal Act is repealed and the following section is substituted:

Limits on grants under section 40

“41. (1) The Minister shall not authorize, under sub-section 40 (1), payments to a State under section 40 in respect of expenditure in respect of a year to which that section applies that exceed, in the aggregate, the amount specified opposite to the name of the State in column 4 of the Part of Schedule 5 that relates to that year.

“(2) The Minister shall not authorize, under sub-section 40 (1A), payments to the States under section 40 in respect of expenditure in respect of the year 1986 that exceed, in the aggregate, $12,797,000.”.

40. Section 49 of the Principal Act is repealed and the following section is substituted:

Limits on grants under sections 47 and 48

“49. (1) The Minister shall not authorize payments to a State under sections 47 and 48 in respect of the year 1985 or 1986 that exceed, in the aggregate, the amounts specified opposite to the name of that State in column 3 of the Part of Schedule 7 that relates to that year.

“(2) The Minister shall not authorize payments to the States under sections 47 and 48 in respect of the year 1987 that exceed, in the aggregate, $1,425,000.”.

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

41. Section 51 of the Principal Act is amended—

(a) by inserting in sub-section (1) “, in respect of a year to which section 52 applies,” after “approve”;

(b) by inserting in sub-section (1) “in a State that are, in relation to that year, schools” after “schools”;

(d) by inserting in sub-section (2) “in respect of a year to which section 52 applies” after “sub-section (1)”;

(e) by adding at the end of sub-section (2) “in respect of that year”; and

(f) by omitting from sub-section (4) “serving predominantly Aboriginal communities in a State”.

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

42. Section 52 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies” after “expenditure”;

(b) by inserting in sub-section (1) “in respect of that year” after “section 51”;

(d) by inserting in sub-section (2) “in respect of that year” after “sub-section (1)”;

(e) by inserting in paragraph (2) (a) “in respect of that year” after “section”;

(f) by omitting from paragraph (2) (a) “1985” and substituting “in that year”;

(g) by omitting from paragraph (2) (b) “1986” and substituting “in the year following that year”;

(h) by adding at the end of paragraph (2) (b) “in respect of the amount so granted in that year”;

(j) by inserting in sub-section (3) “in respect of a year to which this section applies” after “section 51”;

(k) by inserting in sub-section (3) “in respect of that year” after “sub-section (1)”;

(m) by inserting in paragraph (3) (a) “in respect of that year” after “section” (first occurring);

(n) by inserting in paragraph (3) (b) “in respect of that year” after “section” (first occurring);

(o) by inserting in paragraph (3) (b) “in respect of that year, or in respect of a number of years including that year,” after “Commonwealth” (second occurring);

(p) by inserting in sub-paragraph (3) (b) (i) “in respect of that year” after “section”;

(q) by omitting from sub-paragraph (3) (b) (i) “1985” and substituting “in that year”;

(r) by inserting in sub-paragraph (3) (b) (ii) “in respect of the amount so granted in that year” after “fulfilled”;

(s) by inserting in paragraph (3) (c) “in respect of that year” after “project” (first occurring);

(t) by inserting in sub-paragraph (3) (c) (i) “in respect of that year” after “section” (first occurring); and

(u) by inserting after sub-section (6) the following sub-section: “(6a) This section applies to the years 1985 and 1986.”.

43. Section 53 of the Principal Act is repealed and the following section is substituted:

Limits on grants under section 52

“53. (1) The Minister shall not authorize payments to the States under section 52 in respect of the year 1985 that exceed, in the aggregate—

(a) in relation to projects approved in respect of that year in connection with government schools other than projects administered by non-government bodies in connection with such schools—$5,471,000; and

(b) in relation to projects approved in respect of that year in connection with non-government schools and to projects approved in respect of that year in connection with government schools, being projects administered by non-government bodies—$2,188,000.

“(2) The Minister shall not authorize payments to the States under section 52 in respect of the year 1986 that exceed, in the aggregate—

Grants for recurrent expenditure in connection with multicultural education

44. Section 54 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies” after “State” (last occurring);

(b) by omitting sub-section (2) and substituting the following sub-section:

“(2) Financial assistance is granted to a State under this section in respect of a year to which this section applies on the condition that the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under this section in respect of that year is applied by the State for the purpose of meeting recurrent expenditure, in respect of that year, in connection with multicultural education provided in the State.”;

(c) by inserting in sub-section (3) “in respect of a year to which this section applies” after “section” (first occurring);

(d) by inserting in sub-section (3) “in that year” after “applied”; and

(e) by adding at the end the following sub-section:

“(4) This section applies to the years 1985 and 1986.”.

45. Section 55 of the Principal Act is repealed and the following section is substituted:

Limits on grants under section 54

“55. The Minister shall not authorize payments to a State under section 54 in respect of a year to which that section applies that exceed, in the aggregate, the amount specified opposite to the name of the State in column 2 of Division 1 of the Part of Schedule 13 that relates to that year.”.

46. Sections 57 and 58 of the Principal Act are repealed and the following sections are substituted:

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

“57. (1) Subject to section 58, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in respect of a year to which this section applies in relation to a project that is being, or is to be, carried out by or in the State and has been approved under section 56 (including a project that is being, or is to be, carried out together with, or as part of, a project that is being, or is to be, carried out by or in another State or by the Commonwealth or in a Territory), of such amounts as the Minister determines.

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

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

(b) the State will cause to be furnished to the Minister (not later than 30 June in the year following that year or such later date as the Minister approves) a certificate by an authorized person to the effect that the person is satisfied that the condition specified in paragraph (a) has been fulfilled in respect of the amount so granted in that year.

“(3) This section applies to the years 1985 and 1986.

Limits on grants under section 57

“58. The Minister shall not authorize payments to the States under section 57 in respect of a year to which that section applies that exceed, in the aggregate, the amount specified in Division 2 of the Part of Schedule 13 that relates to that year.”.

Approved ethnic schools authorities

47. Section 59 of the Principal Act is amended—

(a) by inserting “during a year to which section 61 applies” after “education”; and

(b) by inserting “in respect of that year” after “authority”.

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

48. Section 60 of the Principal Act is amended—

(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:

“(1) Where a body that is an approved ethnic schools authority in respect of a year to which section 61 applies is providing or proposes to provide, during that year, otherwise than for profit, a program of ethnic education, the Minister may approve that program as an approved program of ethnic education of that authority in respect of that year for the purposes of that section.

“(2) Where the Minister approves a program of ethnic education of an approved ethnic schools authority in respect of a year to which section 61 applies for the purposes of that section, the Minister—

(a) shall determine an amount (not exceeding $34) to be the level at which financial assistance is to be provided under that section to the approved ethnic schools authority in respect of that year in respect of each student undertaking the program for the purpose of meeting recurrent expenditure of that authority in connection with the provision of the program in that year; and

(b) shall specify the conditions, other than conditions referred to in sub-paragraphs 61 (2) (b) (i), (ii) and (iv), in relation to which the approved ethnic schools authority concerned with

the program will be required to enter into an agreement with the Commonwealth before the State makes a grant to that authority under section 61 in relation to the program in respect of that year.”;

(b) by inserting in sub-section (3) “in respect of a year to which section 61 applies” after “ethnic education”; and

Grants for approved programs of ethnic education

49. Section 61 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) The Minister may, before 1 April next following the end of a year to which this section applies, authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure of an approved ethnic schools authority in respect of that year in providing, in that State in that year, an approved program of ethnic education in respect of that year, of such amounts as the Minister determines, being amounts that do not exceed, in the aggregate, an amount equal to the product of—

(a) the amount determined by the Minister under sub-section 60 (2) in relation to the program; and

(b) the number in relation to the program (not being a number greater than the greatest number of students enrolled in the program) that is ascertained, in accordance with a method determined by the Minister in respect of that year, by writing signed by the Minister, for the purposes of this section, by reference to the number of students attending lessons in the program conducted during the relevant period or the relevant periods, as the case may be, in relation to the program.”;

(b) by inserting in sub-section (2) “in respect of a year to which this section applies” after “authority” (first occurring);

(c) by omitting from sub-section (2) “the year 1985, of approved programs of ethnic education” and substituting “that year, of an approved program of ethnic education in respect of that year”;

(d) by omitting from paragraph (2) (a) “an approved program of ethnic education” and substituting “the program in respect of that year”;

(e) by omitting from paragraph (2) (b) “an” (first occurring) and substituting “the”;

(f) by inserting in paragraph (2) (b) “in respect of that year” after “this section”;

(g) by inserting in paragraph (2) (b) “in respect of that year, or in respect of a number of years including that year,” after “Commonwealth” (second occurring);

(h) by inserting in sub-paragraph (2) (b) (i) “in respect of that year” after “section”;

(j) by omitting from sub-paragraph (2) (b) (i) “approved programs of ethnic education of that authority in the State in the year 1985” and substituting “the program in that year”;

(k) by omitting from sub-paragraph (2) (b) (ii) “1986” and substituting “in the year following that year”;

(m) by inserting in sub-sub-paragraph (2) (b) (ii) (a) “in respect of the amount so granted in that year” after “fulfilled”; and

(n) by omitting from sub-sub-paragraph (2) (b) (ii) (b) “approved programs of ethnic education of that authority” and substituting “program”; and

(o) by omitting sub-section (3) and substituting the following sub-sections:

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

“(4) This section applies to the years 1985 and 1986.”.

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

50. Section 62 of the Principal Act is amended—

(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:

“(1) Subject to section 63, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in respect of a year to which this section applies in connection with the education of students receiving primary education or secondary education in prescribed country areas in the State, of such amounts as the Minister determines.

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

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

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

(ii) that are approved by the Minister in respect of that year for the purposes of this section.”;

(b) by inserting in sub-section (3) “in respect of a year to which this section applies” after “State” (second occurring);

(d) by adding at the end the following sub-section:

“(4) This section applies to the years 1985 and 1986.”.

51. Section 63 of the Principal Act is repealed and the following section is substituted:

Limits on grants under section 62

“63. The Minister shall not authorize payments to a State under section 62 in respect of a year to which that section applies that exceed, in the aggregate, the amount specified opposite to the name of the State in column 4 of the Part of Schedule 4 that relates to that year.”.

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

52. Section 64 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies” after “State” (last occurring);

(b) by omitting sub-section (2) and substituting the following sub-section:

(d) by inserting in sub-section (3) “in that year” after “applied”; and

(e) by adding at the end the following sub-section:

“(4) This section applies to the years 1985 and 1986.”.

53. Section 65 of the Principal Act is repealed and the following section is substituted:

Limits on grants under section 64

“65. The Minister shall not authorize payments to a State under section 64 in respect of a year to which that section applies that exceed, in the aggregate, the amount specified opposite to the name of the State in column 2 of the Part of Schedule 14 that relates to that year.”.

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

54. Section 66 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies” after “State” (last occurring);

(b) by inserting in sub-section (2) “in respect of a year to which this section applies” after “section” (first occurring);

(d) by omitting from sub-section (2) “the year 1985” and substituting “that year”;

(e) by inserting in sub-section (3) “in respect of a year to which this section applies” after “section”;

(f) by omitting from sub-section (3) “has applied” and substituting “is applied in that year”; and (g) by adding at the end the following sub-section:

“(4) This section applies to the years 1985 and 1986.”.

55. Sections 67, 68, 69 and 70 of the Principal Act are repealed and the following sections are substituted:

Limits on grants under section 66

“67. The Minister shall not authorize payments to a State under section 66 in respect of a year to which that section applies that exceed, in the aggregate, the amount specified opposite to the name of the State in column 3 of the Part of Schedule 14 that relates to that year.

Approvals of programs of early special education

“68. Where an approved authority of a non-government school or a non-government centre is providing, or proposes to provide, in a State in a year to which section 69 applies a program of early special education for handicapped children, the Minister may approve the program as an approved program of early special education in relation to that State in respect of that year for the purposes of this Act.

Grants for expenditure in relation to early special education programs for handicapped children

“69. (1) Subject to sub-section 70 (1), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of expenditure in relation to early special education programs for handicapped children in relation to the State in respect of a year to which this section applies, being approved programs of early special education in relation to that State in respect of that year or programs that are, or are proposed to be, provided by the State or an instrumentality of the State in that year, of such amounts as the Minister determines.

“(2) Subject to sub-section 70 (2), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of expenditure in relation to early special education programs for handicapped children in relation to the State in respect of a year to which this section applies, being approved programs of early special education in relation to that State in respect of that year or programs that are, or are proposed to, be provided by the State or an instrumentality of the State in that year, of such amounts as the Minister determines.

“(3) Financial assistance is granted to a State under sub-section (1) or (2) in respect of a year to which this section applies on the conditions that—

(a) the State will ensure that an amount equal to the sum of the amounts of financial assistance paid to the State under that subsection in respect of that year is applied by the State, in respect of commitments already undertaken or to be undertaken not later than 31 December in that year, for the purpose of meeting expenditure in relation to early special education programs for handicapped children in relation to the State;

(b) the State will cause to be furnished to the Minister, not later than 30 June in the year following that year or such later date as the Minister approves, a certificate by an authorized person to the effect that the person is satisfied that the condition specified in paragraph (a) has been fulfilled in respect of the amount so granted in that year; and

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

“(4) This section applies to the years 1985 and 1986.

Limits on grants under sub-sections 69 (1) and (2)

“70. (1) The Minister shall not authorize payments to a State under sub-section 69 (1) in respect of a year to which section 69 applies—

(a) for programs that are, or are proposed to be, provided by the State or an instrumentality of the State in that year that exceed, in the

aggregate, the amount specified opposite to the name of the State in column 2 of Division 1 of the Part of Schedule 15 that relates to that year; and

(b) for approved programs of early special education in relation to the State in respect of that year that exceed, in the aggregate, the amount specified opposite to the name of the State in column 3 of Division 1 of the Part of Schedule 15 that relates to that year.

“(2) The Minister shall not authorize payments to the States under sub-section 69 (2) in respect of a year to which section 69 applies that exceed, in the aggregate, the amount specified in Division 2 of the Part of Schedule 15 that relates to that year.

“(3) At any time, and from time to time, during a year to which section 69 applies, but subject to sub-section (4), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act shall have effect as if some or all of the amounts specified opposite to the name of the State in columns 2 and 3 of Division 1 of the Part of Schedule 15 that relates to that year were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this section), there shall be deemed to have been specified in that Schedule, as from 1 January in that year, in substitution for those amounts, those amounts as so varied.

“(4) A direction given under sub-section (3) in relation to a State in respect of a year shall not provide for the variation of any amounts specified opposite to the name of the State in columns 2 and 3 of Division 1 of the Part of Schedule 15 that relates to that year in such a way that, after the variation, the aggregate of the amounts specified opposite to the name of the State in those columns is greater or less than the aggregate of the amounts specified in those columns opposite to the name of the State immediately before the giving of the direction.

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

Grants for recurrent expenditure in connection with approved professional development activities

56. Section 71 of the Principal Act is amended—

(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:

“(1) Subject to section 72, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of recurrent expenditure in respect of a year to which this section applies in connection with approved professional development activities, of such amounts as the Minister determines.

(b) by adding at the end the following sub-section:

“(5) This section applies to the years 1985 and 1986.”.

Limits on grants under section 71

57. Section 72 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) The Minister shall not authorize payments to a State under section 71, by way of financial assistance to the State in respect of recurrent expenditure, in respect of a year to which that section applies, in connection with approved professional development activities, other than approved professional development activities of the kind referred to in sub-section (2), that exceed, in the aggregate, the amount specified opposite to the name of the State in column 2 of Division 1 of the Part of Schedule 16 that relates to that year.”;

(b) by inserting in sub-section (2) “in respect of a year to which that section applies” after “expenditure”; and

(c) by omitting from sub-section (2) “Part II of Schedule 16” and substituting “Division 2 of the Part of Schedule 16 that relates to that year”.

58. Sections 73 and 74 of the Principal Act are repealed and the following sections are substituted:

Grants for expenditure of approved education centres

“73. (1) Subject to section 74, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in respect of a year to which this section applies of an approved education centre in the State of such amounts as the Minister determines.

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

(a) subject to paragraph (b), the State will, without; undue delay, pay to the governing body of the approved education centre an amount equal to each amount paid to the State under this section in respect of that year in relation to the approved education centre, and, in

making the payment, will describe the amount paid to the governing body as a payment made out of moneys provided to the State by the Commonwealth under this section; and

(b) the State will not make a payment to the governing body under this section in respect of that year unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the governing body agrees or has agreed with the Commonwealth in respect of that year, or in respect of a number of years including that year, to be bound by the following conditions:

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

(a) recurrent expenditure, in respect of that year, of the approved education centre; or

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

(ii) the governing body will cause to be furnished to the Commonwealth Education Minister (not later than 30 June in the year following that year or such later date as the Commonwealth Education Minister approves)—

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

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

“(3) This section applies to the years 1985 and 1986.

Limits on grants under section 73

“74. The Minister shall not authorize payments to the States under section 73 in respect of a year to which that section applies that exceed, in the aggregate, the amount specified in column 3 of the Part of Schedule 11 that relates to that year.”.

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

59. Section 76 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies” after “expenditure”; and

(b) by omitting sub-section (2) and substituting the following sub-sections:

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

“(3) This section applies to the years 1985 and 1986.”.

60. Section 77 of the Principal Act is repealed and the following section is substituted:

Limits on grants under section 76

“77. The Minister shall not authorize payments to the States under section 76 in respect of a year to which that section applies that exceed, in the aggregate, the amount specified in column 4 of the Part of Schedule 11 that relates to that year.”.

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

61. Section 78 of the Principal Act is amended—

(a) by inserting in sub-section (1) “in respect of a year to which this section applies” after “71”;

(b) by omitting from sub-section (1) “1986” and substituting “in the year following that year”;

(d) by inserting in paragraph (1) (b) “in that year” after “State”; and

(e) by adding at the end the following sub-section:

“(5) This section applies to the years 1985 and 1986.”.

Repeal and substitution of Schedules to Principal Act

62. Schedules 1 to 16 (inclusive) to the Principal Act are repealed and the Schedules set out in the Schedule to this Act are substituted.

Payments made before Royal Assent

63. Payments (including advances) by way of financial assistance made to a State under the Principal Act shall be deemed to have been made for the purposes of the Principal Act as amended by this Act.

Transitional provisions in relation to determinations, approvals, declarations, &c.

64. (1) Where a relevant declaration, relevant determination, relevant authorization, relevant approval or relevant specification is, pursuant to a provision of the Principal Act, in force immediately before the commencement of this section, the relevant declaration, relevant determination, relevant authorization, relevant approval or relevant specification continues in force, after the commencement of this section, as if it had been given or made under that provision of the Principal Act as amended by this Act and shall be taken to have been given or made in respect of the year 1985 whether or not it is expressed to be given or made in respect of that year.

(2) In sub-section (1)—

“relevant approval” means an approval in force pursuant to sub-paragraph 16 (2) (b) (ii), paragraph 18 (3) (b), sub-section 25 (1), sub-sub-paragraph 37 (2) (b) (i) (b), sub-paragraph 37 (2) (b) (iii), sub-sub-paragraph 38 (2) (b) (i) (b), sub-paragraph 38 (2) (b) (iii), subsection 51 (1), paragraph 57 (2) (b), section 59, sub-section 60 (1), sub-paragraph 62 (2) (b) (ii), section 68, paragraph 69 (3) (b), sub-sub-paragraph 73 (2) (b) (i) (b), sub-paragraph 73 (2) (b) (ii) or paragraph 76 (2) (b) of the Principal Act;

“relevant authorization” means an authorization in force pursuant to sub-section 9 (1), 13 (1), 15 (1), 16 (1), 18 (1), 26 (1), 31 (1) or (2), 32 (1), 33 (1), 35 (1), 36 (1), 37 (1), 38 (1), 40 (1), 52 (1), 54 (1), 57 (1), 61 (1), 62 (1), 64 (1), 66 (1), 69 (1) or (2), 71 (1), 73 (1) or 76 (1) of the Principal Act;

“relevant declaration” means a declaration in force pursuant to subsection 4 (5) or (7) of the Principal Act;

“relevant determination” means a determination in force pursuant to section 5, sub-section 9 (1), paragraph 9 (2) (b), sub-section 13 (1), 15 (1), 16 (1), 18 (1), 26 (1), 31 (1) or (2), 32 (1), 33 (1) or 35 (1), sub-paragraph 35 (2) (b) (i), sub-section 36 (1) or 37 (1), sub-sub-paragraph 37 (2) (b) (i) (a), sub-section 38 (1), 40 (1), 52 (1), 54 (1) or 57 (1), paragraph 60 (2) (a) or sub-section 61 (1), 61 (3), 62 (1), 64 (1), 66 (1), 69 (1) or (2), 71 (1), 73 (1) or 76 (1) of the Principal Act;

“relevant specification” means a specification in force pursuant to paragraph 60 (2) (b) of the Principal Act.

SCHEDULE Section 62

NEW SCHEDULES 1 TO 16 (INCLUSIVE) TO PRINCIPAL ACT

SCHEDULE 1 Section 9

GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS

PART I—1985

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6	Column 7
Name of State	General capital	Prescribed purpose referred to in paragraph (a) of definition of “prescribed purpose”	Prescribed purpose referred to in paragraph (b) of definition of “prescribed purpose”	Prescribed purpose referred to in paragraph (c) of definition of “prescribed purpose”	Prescribed purpose referred to in paragraph (d) of definition of “prescribed purpose”	Total
	$	$	$	$	$	$
New South Wales........................... Victoria................................. Queensland............................... Western Australia.......................... South Australia............................ Tasmania................................ Northern Territory..........................	33,368,000 24,735,000 17,229,000 9,218,000 8,624,000 2,859,000 1,196,000	7,751,000 6,213,000 2,989,000 1,949,000 1,964,000 609,000 407,000	5,049,000 3,776,000 2,421,000 1,358,000 1,333,000 443,000 159,000	4,133,000 3,091,000 1,981,000 1,112,000 1,091,000 363,000 130,000	4,637,000 3,536,000 2,320,000 1,319,000 1,278,000 430,000 142,000	54,938,000 41,351,000 26,940,000 14,956,000 14,290,000 4,704,000 2,034,000
Totals..............................	97,229,000	21,882,000	14,539,000	11,901,000	13,662,000	159,213,000

PART II—1986

Column 1	Column 2
Name of State	Amounts
	$
New South Wales................................ Victoria....................................... Queensland.................................... Western Australia................................ South Australia.................................. Tasmania...................................... Northern Territory................................	51,644,000 38,777,000 25,397,000 14,242,000 13,385,000 4,476,000 1,899,000
Totals..................................	149,820,000

SCHEDULE—continued

SCHEDULE 2 Section 11

GOVERNMENT SCHOOLS—RECURRENT EXPENDITURE

PART I—LEVELS OF ASSISTANCE FOR

RECURRENT GRANTS FOR PRIMARY

SCHOOLS (INCLUSIVE OF MAXIMUM

RESOURCE AGREEMENT ALLOCATIONS)

Column 1	Column 2	Column 3	Column 4
Amount per student for 1985	Amount per student for 1986	Amount per student for 1987	Amount per student for 1988
$	$	$	$
158	165	170	176

PART II—BASE YEAR

LEVELS OF ASSISTANCE

FOR RECURRENT GRANTS

FOR PRIMARY SCHOOLS

Column 1	Column 2
Amount per student for 1985	Amount per student for each of years 1986, 1987 and 1988
$	$
151	159

PART III—LEVELS OF ASSISTANCE FOR

RECURRENT GRANTS FOR SECONDARY

SCHOOLS (INCLUSIVE OF MAXIMUM

RESOURCE AGREEMENT ALLOCATIONS)

Column 1	Column 2	Column 3	Column 4
Amount per student for 1985	Amount per student for 1986	Amount per student for 1987	Amount per student for 1988
$	$	$	S
174	195	217	241

PART IV—BASE YEAR

LEVELS OF ASSISTANCE

FOR RECURRENT GRANTS

FOR SECONDARY SCHOOLS

Column 1	Column 2
Amount per student for 1985	Amount per student for each of years 1986, 1987 and 1988
$	$
151	175

SCHEDULE—continued

SCHEDULE 3 Section 13

GOVERNMENT

SCHOOLS—GENERAL

EDUCATION IN ENGLISH AS A

SECOND LANGUAGE

PART I—1985

Column 1	Column 2
Name of State	Amounts
	$
New South Wales.................. Victoria........................ Queensland...................... Western Australia.................. South Australia................... Tasmania....................... Northern Territory.................	16,215,000 15,131,000 2,668,000 3,557,000 4,200,000 543,000 381,000
Total.......................	42,695,000

PART II—1986

Column 1	Column 2
Name of State	Amounts
	$
New South Wales.................. Victoria........................ Queensland...................... Western Australia.................. South Australia................... Tasmania....................... Northern Territory.................	15,946,000 14,172,000 2,977,000 3,407,000 3,785,000 492,000 387,000
Total.......................	41,166,000

SCHEDULE 4 Sections 16, 37, 38 and 62

DISADVANTAGED SCHOOLS AND PRESCRIBED COUNTRY AREAS

PART I—1985

Column 1	Column 2	Column 3	Column 4	Column 5
Name of State	Disadvantaged government schools	Disadvantaged non-government schools	Prescribed country areas	Totals
New South Wales............. Victoria................... Queensland................. Western Australia............. South Australia............... Tasmania.................. Northern Territory............	$ 11,066,000 9,445,000 3,274,000 2,600,000 2,694,000 769,000 810,000	$ 2,228,000 2,401,000 499,000 428,000 282,000 81,000 29,000	$ 2,639,000 1,561,000 2,533,000 1,864,000 1,098,000 366,000 391,000	$ 15,933,000 13,407,000 6,306,000 4,892,000 4,074,000 1,216,000 1,230,000
Totals..................	30,658,000	5,948,000	10,452,000	47,058,000

SCHEDULE—continued

PART II—1986

Column 1	Column 2	Column 3	Column 4	Column 5
Name of State	Disadvantaged government schools	Disadvantaged non-government schools	Prescribed country areas	Totals
	$	$	$	$
New South Wales............. Victoria................... Queensland................. Western Australia............. South Australia............... Tasmania.................. Northern Territory............	11,117,000 9,487,000 3,286,000 2,611,000 2,707,000 773,000 813,000	2,238,000 2,412,000 501,000 430,000 284,000 82,000 29,000	2,543,000 1,503,000 2,441,000 1,795,000 1,057,000 352,000 378,000	15,898,000 13,402,000 6,228,000 4,836,000 4,048,000 1,207,000 1,220,000
Totals..................	30,794,000	5,976,000	10,069,000	46,839,000

————

SCHEDULE 5 Sections 18 and 40

SPECIAL EDUCATION (INCLUDING INTEGRATION ACTIVITIES)

PART I-1985

Column 1	Column 2	Column 3	Column 4	Column 5
Name of State	Government special education (including government integration activities)	Government integration activities	Non-government special education (including non-government integration activities)	Non-government integration activities
	$	$	$	$
New South Wales............. Victoria................... Queensland................. Western Australia............. South Australia............... Tasmania.................. Northern Territory	7,186,000 5,374,000 3,444,000 1,931,000 1,896,000 631,000 226,000	497,000 372,000 238,000 133,000 130,000 44,000 16,000	1,906,000 1,775,000 818,000 407,000 366,000 50,000 11,000	143,000 134,000 62,000 30,000 28,000 9,000 2,000
Totals..................	20,688,000	1,430,000	5,333,000	408,000

PART II—1986

Column 1	Column 2	Column 3	Column 4	Column 5
Name of State	Government special education (including government integration activities)	Government integration activities	Non-government special education (including non-government integration activities)	Non-government integration activities
	$	$	$	$
New South Wales............. Victoria................... Queensland................. Western Australia............. South Australia............... Tasmania.................. Northern Territory............	6,914,000 5,138,000 3,357,000 1,875,000 1,804,000 609,000 226,000	476,000 354,000 231,000 129,000 124,000 42,000 16,000	1,822,000 1,716,000 790,000 398,000 349,000 47,000 11,000	136,000 128,000 59,000 30,000 26,000 8,000 3,000
Totals..................	19,923,000	1,372,000	5,133,000	390,000

————
SCHEDULE—continued

SCHEDULE 6 Section 20

GOVERNMENT SCHOOLS—COMPUTER EDUCATION

Column 1	Column 2	Column 3
Name of State	Government schools year commencing 1 January 1985	Government schools year commencing 1 January 1986
	$	$
New South Wales......................... Victoria............................... Queensland............................. Western Australia......................... South Australia.......................... Tasmania.............................. Northern Territory........................	1,662,000 1,380,000 727,000 480,000 519,000 257,000 147,000	1,683,000 1,370,000 764,000 488,000 506,000 248,000 141,000
Totals..............................	5,172,000	5,200,000

————

SCHEDULE 7 Sections 22, 47 and 48

PROGRAMS OF BASIC LEARNING

PART I—1985

Column 1	Column 2	Column 3
Name of State	Government schools year commencing 1 January 1985	Non-government schools year commencing 1 January 1985
	$	$
New South Wales......................... Victoria............................... Queensland............................. Western Australia......................... South Australia.......................... Tasmania.............................. Northern Territory........................	1,736,000 1,256,000 962,000 576,000 541,000 245,000 167,000	440,000 389,000 215,000 135,000 128,000 77,000 32,000
Totals..............................	5,483,000	1,416,000

PART II—1986

Column 1	Column 2	Column 3
Name of State	Government schools year commencing 1 January 1986	Non-government schools year commencing 1 January 1986
	$	$
New South Wales......................... Victoria............................... Queensland............................. Western Australia......................... South Australia.......................... Tasmania.............................. Northern Territory........................	1,748,000 1,259,000 976,000 581,000 539,000 243,000 166,000	440,000 392,000 214,000 135,000 127,000 76,000 41,000
Totals..............................	5,512,000	1,425,000

—————

SCHEDULE—continued

SCHEDULE 8 Section 26

NON-GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS

PART I—1985

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Name of State	General capital	Prescribed purpose referred to in paragraph (a) of definition of “prescribed purpose”	Prescribed purpose referred to in paragraph (b) of definition of “prescribed purpose”	Prescribed purpose referred to in paragraph (c) of definition of “prescribed purpose”	Total
	$	$	$	$	$
New South Wales.................................. Victoria........................................ Queensland...................................... Western Australia.................................. South Australia................................... Tasmania....................................... Northern Territory.................................	12,787,000 10,906,000 7,335,000 3,381,000 2,673,000 1,105,000 726,000	1,588,000 1,598,000 514,000 322,000 251,000 78,000 25,000	1,906,000 1,914,000 818,000 408,000 367,000 120,000 36,000	1,541,000 1,539,000 747,000 370,000 305,000 102,000 23.000	17,822,000 15,957,000 9,414,000 4,481,000 3,596,000 1,405,000 810.000
Totals.......................................	38,913,000	4,376,000	5,569,000	4,627,000	53,485.000

PART II—1986

Column 1	Column 2
Name of State	Amounts
	$
New South Wales....................................... Victoria.............................................. Queensland............................................ Western Australia....................................... South Australia......................................... Tasmania............................................. Northern Territory.......................................	16,766,000 15,102,000 8,586,000 4,136,000 3.336,000 1,247,000 654,000
Totals............................................	49,827,000

SCHEDULE—continued

SCHEDULE 9 Sections 28 and 29

NON-GOVERNMENT SCHOOLS—RECURRENT EXPENDITURE

PART I—LEVELS OF ASSISTANCE FOR RECURRENT EXPENDITURE FOR NON-GOVERNMENT PRIMARY SCHOOLS (INCLUSIVE OF MAXIMUM RESOURCE AGREEMENT ALLOCATIONS)

Column 1	Column 2	Column 3	Column 4	Column 5
Level of assistance	Amount per student for year 1985	Amount per student for year 1986	Amount per student for year 1987	Amount per student for year 1988
	$	$	$	$
1..................... 2..................... 3..................... 4..................... 5..................... 6..................... 7..................... 8..................... 9..................... 10.................... 11.................... 12....................	284 378 386 571 578 583 588 785 787 791 794 798	298 397 416 600 616 630 642 837 844 855 864 873	298 397 427 600 627 651 674 851 868 885 902 919	298 397 444 600 648 678 715 871 896 921 947 973

PART II—BASE YEAR LEVELS OF ASSISTANCE FOR NON-GOVERNMENT PRIMARY SCHOOLS

Column 1	Column 2	Column 3
Level of assistance	Amount per student for year 1985	Amount per student for each of years 1986, 1987 and 1988
	$	$
1............................................ 2............................................ 3............................................ 4............................................ 5............................................ 6............................................ 7............................................ 8............................................ 9............................................ 10........................................... 11........................................... 12...........................................	284 378 378 571 571 571 571 777 777 777 777 777	298 397 406 600 607 613 618 825 828 831 834 839

SCHEDULE—continued

PART III—LEVELS OF ASSISTANCE FOR RECURRENT EXPENDITURE FOR NON-GOVERNMENT SECONDARY SCHOOLS (INCLUSIVE OF MAXIMUM RESOURCE AGREEMENT ALLOCATIONS)

Column 1	Column 2	Column 3	Column 4	Column 5
Level of assistance	Amount per student for year 1985	Amount per student for year 1986	Amount per student for year 1987	Amount per student for year 1988
	$	$	$	$
1.....................	449	472	472	472
2.....................	599	630	630	630
3.....................	607	647	659	678
4.....................	908	955	955	955
5.....................	913	965	973	986
6.....................	921	985	1,007	1,040
7.....................	929	1,005	1,045	1,096
8.....................	1,238	1,308	1,317	1,326
9.....................	1,243	1,322	1,344	1,366
10.....................	1,249	1,338	1,372	1,408
11.....................	1,254	1,352	1,393	1,444
12.....................	1,259	1,363	1,417	1,481

PART IV—BASE YEAR LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SECONDARY SCHOOLS

Column 1	Column 2	Column 3
Level of assistance	Amount per student for year 1985	Amount per student for each of years 1986, 1987 and 1988
	$	$
1.............................................	449	472
2.............................................	599	630
3.............................................	599	638
4.............................................	908	955
5.............................................	908	959
6.............................................	908	968
7.............................................	908	976
8.............................................	1,235	1,301
9.............................................	1,235	1,307
10............................................	1,235	1,312
11............................................	1,235	1,318
12............................................	1,235	1,323

—————

SCHEDULE—continued

SCHEDULE 10 Sections 28 and 29

NON-GOVERNMENT SCHOOLS—SUPPLEMENTARY ESTABLISHMENT GRANTS

PART I—NON-GOVERNMENT PRIMARY SCHOOLS

Column 1	Column 2	Column 3	Column 4	Column 5
Year of establishment	Amount per primary student in 1985	Amount per primary student in 1986	Amount per primary student in 1987	Amount per primary student in 1988
	$	$	$	$
1982.................... 1983.................... 1984.................... 1985.................... 1986.................... 1987.................... 1988....................	47 94 141 188 0 0 0	0 49 99 148 198 0 0	0 0 49 99 148 198 0	0 0 0 49 99 148 198

PART II—NON-GOVERNMENT SECONDARY SCHOOLS

Column 1	Column 2	Column 3	Column 4	Column 5
Year of establishment	Amount per secondary student in 1985	Amount per secondary student in 1986	Amount per secondary student in 1987	Amount per secondary student in 1988
	$	$	$	$
1982.................... 1983.................... 1984.................... 1985.................... 1986.................... 1987.................... 1988....................	75 150 225 300 0 0 0	0 79 157 236 315 0 0	0 0 79 157 236 315 0	0 0 0 79 157 236 315

————

SCHEDULE 11 Sections 31, 32, 33, 73 and 76

MISCELLANEOUS GRANTS

PART I—1985

Column 1	Column 2	Column 3	Column 4
Total of all additional grants under section 31 for non-government schools in need of short-term emergency assistance	Total of all grants under sections 32 and 33 for general education in English as a second language in non-government schools	Total of all grants under section 73 for approved education centres	Total of all grants under section 76 for projects or programs of national significance
$657,000	$18,004,000	$2,446,000	$1,648,000

SCHEDULE—continued

PART II—1986

Column 1

Column 2

Column 3

Column 4

Total of all additional grants under section 31 for

non-government schools in need of short-term emergency assistance

Total of all grants under sections 32 and 33 for general education in English as a second language in non-government schools

Total of all grants under section 73 for approved education centres

Total of all grants under section 76 for projects or programs of national significance

$660,000

$17,969,000

$2,456,000

$1,656,000

————

SCHEDULE 12 Sections 43 and 44

NON-GOVERNMENT SCHOOLS—COMPUTER EDUCATION

Column 1	Column 2		Column 3
Name of State	Non-government schools year commencing 1 January 1985		Non-government schools year commencing 1 January 1986
		$		$
New South Wales.............................. Victoria.................................... Queensland.................................. Western Australia............................. South Australia................................ Tasmania.................................... Northern Territory.............................		362,000 365,000 190,000 123,000 115,000 76,000 33,000		369,000 371,000 195,000 121,000 111,000 73,000 33,000
		1,264,000		1,273,000

————

SCHEDULE 13 Sections 54 and 57

MULTICULTURAL EDUCATION

PART 1—1985

Division 1—Amounts of grants to States

Column 1	Column 2
Name of State	Amounts
	$
New South Wales.................. Victoria........................ Queensland...................... Western Australia................. South Australia.................... Tasmania........................ Northern Territory.................	1,595,000 1,263,000 745,000 409,000 393,000 130,000 53,000
Total	4,588,000

Division 2—Grants in relation to approved multicultural education projects of national significance

TOTAL OF GRANTS—$322,000
SCHEDULE—continued

PART II—1986

Division 1—Amounts of grants to States

Column 1	Column 2
Name of State	Amounts
	$
New South Wales.................. Victoria........................ Queensland...................... Western Australia................. South Australia................... Tasmania....................... Northern Territory.................	1,534,000 1,212,000 725,000 395,000 374,000 126,000 51,000
Total........................	4,417,000

Division 2—Grants in relation to approved multicultural education projects of national significance

TOTAL OF GRANTS—$312,000

————

SCHEDULE 14 Sections 64 and 66

RESIDENTIAL INSTITUTIONS AND SEVERELY HANDICAPPED CHILDREN

PART I—1985

Column 1	Column 2	Column 3
Name of State	Residential institutions	Severely handicapped children
	$	$
New South Wales.................	814,000	1,287,000
Victoria........................	645,000	1,001,000
Queensland......................	381,000	644,000
Western Australia.................	208,000	351,000
South Australia...................	201,000	318,000
Tasmania.......................	66,000	111,000
Northern Territory.................	24,000	41,000
Totals.....................	2,339,000	3,753,000
PART II—1986
Column 1	Column 2	Column 3
Name of State	Residential institutions	Severely handicapped children
	$	$
New South Wales.................	816,000	1,293,000
Victoria........................	647,000	1,001,000
Queensland......................	386,000	651,000
Western Australia.................	210,000	354,000
South Australia...................	199,000	317,000
Tasmania.......................	67,000	111,000
Northern Territory.................	25,000	42,000
Totals.....................	2,350,000	3,769,000

—————

SCHEDULE—continued

SCHEDULE 15 Section 69

EARLY SPECIAL EDUCATION

PART I—1985

Division 1—Amounts of grants to States

Column 1	Column 2	Column 3
Name of State	Government purposes	Non-government purposes
	$	$
New South Wales.............	592,000	156,000
Victoria...................	443,000	146,000
Queensland.................	285,000	66,000
Western Australia.............	159,000	33,000
South Australia..............	156,000	30,000
Tasmania..................	51,000	3,000
Northern Territory............	18,000	1,000
Totals..................	1,704,000	435,000

Division 2—National Allocations

TOTAL—$1,757,000

PART II—1986

Division 1—Amounts of grants to States

Column 1	Column 2	Column 3
Name of State	Government purposes	Non-government purposes
	$	$
New South Wales.............	594,000	155,000
Victoria...................	441,000	146,000
Queensland.................	289,000	68.000
Western Australia.............	161,000	34,000
South Australia..............	155,000	30,000
Tasmania..................	52,000	3,000
Northern Territory............	20,000	1,000
Totals..................	1,712,000	437,000

Division 2—National Allocations

TOTAL—$1,765,000

————

SCHEDULE—continued

SCHEDULE 16 Section 71

PROFESSIONAL DEVELOPMENT ACTIVITIES

PART I—1985

Division 1—Amounts of grants to States

Column 1[D1]	Column 2
Name of State	Amounts
	$
New South Wales.............. Victoria..................... Queensland................... Western Australia.............. South Australia................ Tasmania.................... Northern Territory..............	3,967,000 2,800,000 2,185,000 971,000 898,000 291,000 143,000
Total....................	11,255,000

Division 2—Grants in relation to approved professional development activities for special purposes

TOTAL OF GRANTS—$185,000

PART II—1986

Division 1—Amounts of grants to States

Column 1	Column 2
Name of State	Amounts
	$
New South Wales.............. Victoria..................... Queensland................... Western Australia.............. South Australia................ Tasmania.................... Northern Territory..............	3,983,000 2,802,000 2,209,000 981,000 892,000 293,000 145,000
Total....................	11,305,000

Division 2—Grants in relation to approved professional development activities for special purposes

TOTAL OF GRANTS—$186,000

NOTE

1. No. 126, 1984, as amended. For previous amendments, see No. 60, 1985.

[Minister’s second reading speech made in—

House of Representatives on 21 November 1985

Senate on 3 December 1985]

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States Grants (Schools Assistance) Amendment Act 1985

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