States Grants (Schools Assistance) Amendment Act (No. 2) 1987

States Grants (Schools Assistance) Amendment Act (No. 2) 1987

No. 122 of 1987

TABLE OF PROVISIONS

Section

1. Short title etc.

2. Commencement

3. Interpretation

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

5. Determination of levels of funding for eligible new arrivals

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

7. Limits on grants under section 9

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

9. Additional grants for 1987 and 1988 for recurrent expenditure in connection with language teaching in English as a second language provided in connection with government schools

10.  Limits on grants under sections 13 and 13a

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

12. Grants for expenditure in connection with government disadvantaged schools

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

14. Limits on grants under section 18 etc.

15. Approval of building projects and equipment projects in connection with non-government schools and non-government centres for years 1985, 1986 and 1987

16. Approval of building projects and equipment projects in connection with non-government schools and non-government centres for 1988 and subsequent years

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

18. Limits on grants under section 26 etc.

TABLE OF PROVISIONS—continued

Section

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

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

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

22. Limits on grants under sections 32 and 33

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

24. 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

25. Grants for expenditure of systemic disadvantaged schools

26. Grants for expenditure of non-systemic disadvantaged schools

27. Limits on grants under sections 37 and 38

28. Grants for expenditure in connection with special education at non-government schools etc.

29. Limits on grants under section 40

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

31. Limits on grants under section 52

32. Approved ethnic schools authorities

33. Approval of programs of ethnic education and determination of levels of funding

34. Grants for approved programs of ethnic education

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

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

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

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

39. Limits on grants under subsections 69 (1), (2) and (2a)

40. Grants for expenditure in relation to approved special education projects of national significance

41. Repeal of section 70c and substitution of new section:

70c. Limits on grants under section 70b

42. Grants for expenditure of approved education centres

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

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

45. Amendment of Schedules

46. Payments made before Royal Assent

SCHEDULE 1

NEW PART IV OF SCHEDULE 1 TO THE PRINCIPAL ACT

SCHEDULE 2

NEW SCHEDULE 2 TO THE PRINCIPAL ACT

SCHEDULE 3

NEW PARTS III AND IV OF SCHEDULE 3 TO THE PRINCIPAL ACT

SCHEDULE 4

NEW PARTS III AND IV OF SCHEDULE 4 TO THE PRINCIPAL ACT

SCHEDULE 5

NEW PARTS III AND IV OF SCHEDULE 5 TO THE PRINCIPAL ACT

TABLE OF PROVISIONS—continued

SCHEDULE 6

NEW PART III OF SCHEDULE 7 TO THE PRINCIPAL ACT

SCHEDULE 7

NEW SCHEDULE 9 TO THE PRINCIPAL ACT

SCHEDULE 8

NEW SCHEDULE 10 TO THE PRINCIPAL ACT

SCHEDULE 9

NEW PARTS III AND IV OF SCHEDULE 11 TO THE PRINCIPAL ACT

SCHEDULE 10

NEW PARTS III AND IV OF SCHEDULE 14 TO THE PRINCIPAL ACT

SCHEDULE 11

NEW PARTS III AND IV OF SCHEDULE 15 TO THE PRINCIPAL ACT

States Grants (Schools Assistance) Amendment Act (No. 2) 1987

No. 122 of 1987

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

[Assented to 16 December 1987]

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

Short title etc.

1. (1) This Act may be cited as the States Grants (Schools Assistance) Amendment Act (No. 2) 1987.

(2) In this Act, “Principal Act” means the States Grants (Schools Assistance) Act 19841

Commencement

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

Interpretation

3. Section 3 of the Principal Act is amended:

(a) by omitting “a year—” from paragraph (a) of the definition of “student” in subsection (1) and substituting “a year—a permanent resident who is:”;

(b) by omitting from subsection (1) the definitions of “eligible new arrival” and “full fee paying private overseas secondary student” and substituting respectively the following definitions:

“ ‘eligible new arrival’, in relation to education provided in a year, means a person:

(a) who is a permanent resident;

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

(c) who arrived in Australia after 31 July in the year immediately preceding that year;

‘full fee paying private overseas secondary student’ means a person who is:

(a) a student receiving secondary education at a school; and

(b) the holder of a temporary entry permit, within the meaning of the Migration Act 1958, that is in force;

and who provides, whose guardian provides, or who provides with his or her guardian, funds for payment of the cost of that education, being funds of an amount that is equal to or greater than the full cost of secondary education at that school;”; and

(c) by inserting in subsection (1) the following definition:

“ ‘permanent resident’ means:

(a) a person who is an Australian citizen;

(b) a person to whom an entry permit (other than a temporary entry permit), within the meaning of the Migration Act 1958, is in force;

(c) a person who is deemed, by virtue of subsection 6 (8) of the Migration Act 1958, to be included in an entry permit (other than a temporary entry permit) that is in force under that Act;

(d) a person who is not an Australian citizen but who has his or her permanent home in Christmas Island; or

(e) a person in relation to whom the condition referred to in paragraph 6a (1) (c) of the Migration Act 1958 is fulfilled;”.

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

4. Section 4 of the Principal Act is amended:

(a) by inserting after subsection (3b) the following subsection:

“(3c) As soon as practicable after the commencement of the States Grants (Schools Assistance) Amendment Act (No. 2) 1987, 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 1988 and shall notify the State Education Minister of that number.”; and

(b) by omitting from subsection (11) “and 1987” and substituting “, 1987 and 1988”.

Determination of levels of funding for eligible new arrivals

5. Section 5 of the Principal Act is amended:

(a) by omitting from subsection (3) “$1,011” and substituting “$1,017”; and

(b) by adding at the end the following subsection:

“(4) For the purposes of grants under sections 15, 35 and 36 in respect of the year 1988, the Minister shall determine, in writing, an amount (not exceeding $2,057), 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.”.

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

6. Section 9 of the Principal Act is amended by omitting from subsection (8) “and 1987” and substituting “, 1987 and 1988”.

Limits on grants under section 9

7. Section 10 of the Principal Act is amended:

(a) by inserting after subsection (2a) the following subsection:

“(2b) The Minister shall not authorise payments to a State under section 9 in respect of the expenditure in respect of the year 1988 that exceed, in the aggregate, the amounts specified opposite to the name of the State in column 2 of Part IV of Schedule 1.”; and

(b) by inserting after subsection (5a) the following subsection:

“(5b) A direction given under subsection (3) in relation to the year 1988 shall not provide for a variation of any amounts specified in column 2 of Part IV 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 States specified in that column.”.

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

8. Section 13 of the Principal Act is amended by omitting from subsection (3) “and 1987” and substituting “, 1987 and 1988”.

Additional grants for 1987 and 1988 for recurrent expenditure in connection with language teaching in English as a second language provided in connection with government schools

9. Section 13a of the Principal Act is amended:

(a) by inserting in subsection (1) “or 1988” after “1987”; and

(b) by inserting in subsection (2) “or 1988” after “1987”.

Limits on grants under sections 13 and 13a

10. Section 14 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

“(2) The Minister shall not authorise payments to a State under section 13a in respect of recurrent expenditure in respect of the year 1987 or 1988 that exceed, in the aggregate, the amount specified opposite to the name of that State in column 3 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

11. Section 15 of the Principal Act is amended by omitting from subsection (3) “and 1987” and substituting “, 1987 and 1988”.

Grants for expenditure in connection with government disadvantaged schools

12. Section 16 of the Principal Act is amended by omitting from subsection (3) “and 1987” and substituting “, 1987 and 1988”.

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

13. Section 18 of the Principal Act is amended by omitting from subsection (4) “and 1987” and substituting “, 1987 and 1988”.

Limits on grants under section 18 etc.

14. Section 19 of the Principal Act is amended by omitting subsections (3a) and (3b) and substituting the following subsections:

“(3a) At any time, and from time to time, during the year 1987 or 1988, but subject to subsection (3b), 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 6 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 1 January in that year, in substitution for those amounts, those amounts as so varied.

“(3b) A direction given under subsection (3a) in relation to a State in respect of the year 1987 or 1988 shall not provide for the variation of any amounts specified opposite to the name of the State in columns 2 and 6 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.”.

Approval of building projects and equipment projects in connection with non-government schools and non-government centres for years 1985, 1986 and 1987

15. Section 25 of the Principal Act is amended by omitting from subsections (1) and (2) “a year to which section 26 applies” and substituting “the year 1985, 1986 or 1987”.

Approval of building projects and equipment projects in connection with non-government schools and non-government centres for 1988 and subsequent years

16. Section 25b of the Principal Act is amended by inserting after subsection (3) the following subsections:

“(3a) Where the Minister approves a building project or equipment project under subsection (1) in connection with a school, in relation to which there is an approved block grant authority, in respect of the year 1988 or a subsequent year, 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 subparagraphs 26 (2b) (b) (i), (ii), (iii), (iv) and (vi), in relation to which the authority will be required to enter into an agreement with the Commonwealth before the State makes a grant to the authority under section 26 in relation to the project in respect of that year.

“(3b) Subject to subsection 27 (3c), the Minister may, from time to time, at the request of the relevant block grant authority, by determination in writing, vary an amount specified under paragraph (3a) (a).

“(3c) Subject to subsection (3d), the relevant block grant authority may, from time to time, by notice in writing furnished to the Minister, vary an amount specified under paragraph (3a) (a).

“(3d) The relevant block grant authority shall not vary an amount in respect of a project in respect of a year under subsection (3c) if to do so would have the effect of:

(a) varying the amount to less than 90%, or more than 110%, of the amount as originally specified under paragraph (3a) (a) or, if the amount has been varied under subsection (3b), the amount as so varied; or

(b) increasing the total amount paid to the block grant authority under section 26.

“(3e) Where the Minister makes a determination under subsection (3b), or receives a notice under subsection (3c), with respect to an amount specified under paragraph (3a) (a) in respect of a project in respect of a year, then, for the purposes of this Act (excluding subsection (3d)), there shall be deemed to have been specified under paragraph (3a) (a), as from the date of the determination, or the date of receipt of the notice, as the case may be, in substitution for that amount, the amount as so varied.”.

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

17. Section 26 of the Principal Act is amended:

(a) by inserting in subsection (1) “, (3c)” after “(3a)”;

(b) by inserting in subsection (1) “or projects” after “project”;

(c) by inserting in subsection (1a) “, (3b), (3d)” after “(3)”;

(d) by omitting from subsection (1a) “in relation to a project” and substituting “, 1987 or 1988 in relation to a project or projects”;

(e) by inserting after subsection (2) the following subsections:

“(2a) Subsection (2) does not apply to a project in connection with a school in relation to which there is an approved block grant authority.

“(2b) Financial assistance is granted to a State under this section in respect of expenditure in relation to projects approved under section 25 in respect of the year 1988 or a subsequent year (being building projects and equipment projects in connection with schools in the State in relation to which there is an approved block grant authority) on the conditions that:

(a) subject to paragraphs (b) and (c), the State will, without undue delay, pay to a block grant authority an amount equal to each amount paid to the State under this section in relation to the projects in connection with schools to which that authority relates, and, in making the payment, will describe the amount paid to the authority as a payment in

relation to the projects made out of money provided to the State by the Commonwealth under this section;

(b) the State will not make a payment to a block grant authority under this section in relation to any project unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister to the effect that the authority 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 authority will ensure that an amount equal to the sum of the amounts paid to it under this section in respect of that year in relation to the projects is applied (after 30 September in the year preceding that year) for:

(a) the purpose of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December in that year, in relation to the projects;

(b) for the purpose of any administration fee which the Commonwealth Education Minister may, in writing, determine is payable to the authority in respect of that year; and

(c) for the purpose of the cost of legal proceedings (if any) by the authority against a school to which the authority relates to recover an amount paid under this section, being proceedings authorised by the Minister;

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

(iii) the authority will give the Commonwealth Education Minister (before 30 June next following that year or within such further period as the Commonwealth Education Minister approves) a certificate by a qualified accountant:

(a) as to the amount paid to it under this section in respect of that year that was applied for the purpose referred to in sub-subparagraph (i) (b);

(b) as to the amount paid to it under this section in respect of that year that was applied for the purpose referred to in sub-subparagraph (i) (c); and

(c) to the effect that he or she is satisfied that the condition specified in subparagraph (i) has been fulfilled in respect of the amount so granted in that year;

(iv) the authority will, in relation to each project, give the Commonwealth Education Minister (before 30 June next following that year or within such further period as the Commonwealth Education Minister approves) a certificate by a qualified accountant as to the amount paid to it under this section, in respect of the project, in respect of that year, that was applied (after 30 September in the year preceding that year) for the purposes of meeting expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December in that year, in relation to the project;

(v) the authority will comply with such other conditions (if any) as are specified in the approval of the project under section 25;

(vi) if the authority does not fulfil a condition specified in subparagraph (i), (ii), (iii), (iv) or in accordance with subparagraph (v), it will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the authority under this section in relation to the relevant project or projects) as the Commonwealth Education Minister determines; and

(c) where the total expenditure in relation to a project in connection with a school in respect of that year is, or will be, not less than $30,000, the State will not make a payment to the authority under this section in respect of that year in relation to the project unless the Commonwealth Education Minister gives a certificate to the State Education Minister to the effect that the authority 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 condition that, if, within the prescribed period relating to the project:

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

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

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

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

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

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

C is the number of years in the prescribed period.

“(2c) Where, within the prescribed period relating to a project in connection with a school, the school in relation to which there was at the date of approval of the project an approved block grant authority, becomes a school in relation to which there is no approved block grant authority, the school shall be deemed to have agreed with the Commonwealth as at that date to be bound by the condition that if, within the prescribed period relating to the project:

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

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

(c) the school sells or otherwise disposes of such an asset to a person, other than the State, for use principally for an approved purpose without the person having entered or entering into an agreement with the Commonwealth, under which that person has the same obligations in relation to the asset as the authority had by virtue of paragraph (2) (c) before the sale or other disposal of the asset;

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

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

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

C is the number of years in the prescribed period.

“(2d) Where, within the prescribed period relating to a project in connection with a school, the school in relation to which there was at the date of approval of the project, an approved block grant authority (in this subsection called ‘BGA1’) becomes a school in relation to which there is a different approved block grant authority (in this subsection called ‘BGA2’), BGA2 shall be deemed to have agreed with the Commonwealth as at the date of approval to be bound by the condition that if, within the prescribed period relating to the project:

(a) an asset (being land, a building or equipment) in respect of which an amount paid to BGA1 under this section in relation to the project was expended ceases to be used;

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

(c) the school or BGA2 sells or otherwise disposes of such an asset to a person, other than the State, for use principally for an approved purpose without the person having entered or entering into an agreement with the Commonwealth, under which that person has the same obligations in relation to the asset as BGA1 had by virtue of paragraph (2) (c) before the sale or other disposal of the asset;

BGA2 will, if the Commonwealth Education Minister so requires, pay to the Commonwealth the amount ascertained in accordance with the formula , where:

A is the total amount paid to BGA1 under this section in relation to the project that was expended in respect of the relevant asset;

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

C is the number of years in the prescribed period.”;

(f) by omitting from subsection (3) “In paragraph (2) (c)—” and substituting “In this section:”; and

(g) by omitting from subsection (5) “and 1987” and substituting “, 1987 and 1988”.

Limits on grants under section 26 etc.

18. Section 27 of the Principal Act is amended:

(a) by inserting after subsection (3b) the following subsections:

“(3c) The Minister shall not authorise, under subsection 26 (1), payments to the States under section 26 in respect of expenditure in respect of the year 1988 in relation to projects approved under section 25 in relation to that year that exceed, in the aggregate, $52,276,000.

“(3d) The Minister shall not authorise, under subsection 26 (1a), payments to the States under section 26 in respect of expenditure in respect of the year 1988 in relation to projects approved under section 25 in relation to that year that exceed, in the aggregate, $3,037,000.”;

(b) by omitting from subsection (4) “a year to which section 26 applies” and substituting “the year 1985, 1986 or 1987”;

(c) by inserting after subsection (4) the following subsection:

“(4aa) Where a maximum amount is specified under subsection 25b (3a) in relation to a project in respect of a year to which section 26 applies, the Minister shall not authorise 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.”; and

(d) by omitting from subsection (5) “(3)” and substituting “(4a)”.

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

19. Section 31 of the Principal Act is amended by omitting from subsection (6) “and 1987” and substituting “, 1987 and 1988”.

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

20. Section 32 of the Principal Act is amended by omitting from subsection (3) “and 1987” and substituting “, 1987 and 1988”.

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

21. Section 33 of the Principal Act is amended by omitting from subsection (4) “and 1987” and substituting “, 1987 and 1988”.

Limits on grants under sections 32 and 33

22. Section 34 of the Principal Act is amended by omitting from subsection (2) “and 1987” and substituting “, 1987 and 1988”.

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

23. Section 35 of the Principal Act is amended by omitting from subsection (3) “and 1987” and substituting “, 1987 and 1988”.

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

24. Section 36 of the Principal Act is amended by omitting from subsection (3) “and 1987” and substituting “, 1987 and 1988”.

Grants for expenditure of systemic disadvantaged schools

25. Section 37 of the Principal Act is amended by omitting from subsection (4) “and 1986” and substituting “, 1986, 1987 and 1988”.

Grants for expenditure of non-systemic disadvantaged schools

26. Section 38 of the Principal Act is amended by omitting from subsection (4) “and 1987” and substituting “, 1987 and 1988”.

Limits on grants under sections 37 and 38

27. Section 39 of the Principal Act is amended by omitting from subsection (2) “and 1987” and substituting “, 1987 and 1988”.

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

28. Section 40 of the Principal Act is amended:

(a) by inserting after subsection (1b) the following subsection:

“(1c) Subject to subsection 41 (4), the Minister may authorise, under this 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 1988, of such amounts as the Minister determines.”; and

(b) by omitting from subsection (5) “and 1987” and substituting “, 1987 and 1988”.

Limits on grants under section 40

29. Section 41 of the Principal Act is amended by adding at the end the following subsection:

“(4) The Minister shall not authorise, under subsection 40 (1c), payments to a State under section 40 in respect of expenditure in respect of the year 1988 that exceed, in the aggregate, the amount specified opposite to the name of the State in column 6 of Part IV of Schedule 5.”.

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

30. Section 52 of the Principal Act is amended by omitting from subsection (6a) “and 1987” and substituting “, 1987 and 1988”.

Limits on grants under section 52

31. Section 53 of the Principal Act is amended by adding at the end the following subsection:

“(4) The Minister shall not authorise payments to the States under section 52 in respect of the year 1988 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 nongovernment bodies in connection with such schools—$6,422,000; 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—$2,569,000.”.

Approved ethnic schools authorities

32. Section 59 of the Principal Act is amended by inserting in subsection (2) “or 1988” after “1987”.

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

33. Section 60 of the Principal Act is amended:

(a) by inserting in subsection (1a) “or 1988” after “1987”;

(b) by omitting subsections (2a) and (2b) and substituting the following subsections:

“(2a) Where the Minister approves a program under subsection (1) in respect of the year 1987 or 1988, the Minister shall, subject to subsection (2b), determine, in writing, that the number specified in the determination is the 1987, or 1988, enrolment number in relation to the program.

“(2b) Subject to subsection (2c), where:

(a) the Minister, under subsection (1), approves or has approved a program (in this subsection referred to as the ‘1986 program’) in respect of the year 1986; and

(b) the Minister, under subsection (1), approves a program in respect of the year 1987 or 1988, being a program that is, in the opinion of the Minister, the same as, or substantially the same as, the 1986 program;

the Minister shall determine as the 1987, or 1988, enrolment number in relation to the program in respect of that year the number

ascertained in accordance with paragraph 61 (1) (b) in relation to the 1986 program.”; and

(c) by inserting in subsection (2c) “, or 1988,” after “1987”.

Grants for approved programs of ethnic education

34. Section 61 of the Principal Act is amended:

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

“(1a) Where a program is approved under section 60 in respect of the year 1987 or 1988, the number ascertained for the purposes of paragraph (1) (b) of this section in relation to the program in respect of that year shall not exceed the enrolment number determined by the Minister under subsection 60 (2a) in relation to the program in respect of that year.”; and

(b) by omitting from subsection (4) “and 1987” and substituting “, 1987 and 1988”.

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

35. Section 62 of the Principal Act is amended by omitting from subsection (4) “and 1987” and substituting “, 1987 and 1988”.

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

36. Section 64 of the Principal Act is amended by omitting from subsection (4) “and 1987” and substituting “, 1987 and 1988”.

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

37. Section 66 of the Principal Act is amended by omitting from subsection (4) “and 1987” and substituting “, 1987 and 1988”.

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

38. Section 69 of the Principal Act is amended:

(a) by inserting in subsection (2a) “or 1988” after “1987”; and

(b) by omitting from subsection (4) “and 1987” and substituting “,1987 and 1988”.

Limits on grants under subsections 69 (1), (2) and (2a)

39. Section 70 of the Principal Act is amended by omitting subsection (2a) and substituting the following subsection:

“(2a) The Minister shall not authorise payments to a State under subsection 69 (2a) in respect of the year 1987 or 1988 that exceed, in the aggregate, the amount specified opposite to the name of the State in column 2 of the Part of Schedule 15 that relates to that year.”.

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

40. Section 70b of the Principal Act is amended:

(a) by inserting in subsection (1) “or 1988” after “1987”;

(b) by inserting in subsection (2) “or 1988” after “year 1987”;

(c) by omitting from paragraph (2) (a) “1987” and substituting “in that year”; and

(d) by omitting from paragraph (2) (b) “1988” and substituting “next following the end of that year”.

41. Section 70c of the Principal Act is repealed and the following section is substituted:

Limits on grants under section 70b

“70c. (1) The Minister shall not authorise payments to the States under section 70b in respect of the year 1987 that exceed, in the aggregate, $209,000.

“(2) The Minister shall not authorise payments to the States under section 70b in respect of the year 1988 that exceed, in the aggregate, $211,000.”.

Grants for expenditure of approved education centres

42. Section 73 of the Principal Act is amended by omitting from subsection (3) “and 1987” and substituting “, 1987 and 1988”.

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

43. Section 76 of the Principal Act is amended by omitting from subsection (3) “and 1987” and substituting “, 1987 and 1988”.

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

44. Section 78 of the Principal Act is amended by omitting from subsection (5) “and 1987” and substituting “, 1987 and 1988”.

Amendment of Schedules

45. (1) Schedule 1 to the Principal Act is amended by inserting after Part III the Part set out in Schedule 1 to this Act.

(2) Schedule 2 to the Principal Act is repealed and the Schedule set out in Schedule 2 to this Act is substituted.

(3) Schedule 3 to the Principal Act is amended by omitting Part III and substituting the Parts set out in Schedule 3 to this Act.

(4) Schedule 4 to the Principal Act is amended by omitting Part III and substituting the Parts set out in Schedule 4 to this Act.

(5) Schedule 5 to the Principal Act is amended by omitting Part III and substituting the Parts set out in Schedule 5 to this Act.

(6) Schedule 7 to the Principal Act is amended by omitting Part III and substituting the Part set out in Schedule 6 to this Act.

(7) Schedule 9 to the Principal Act is repealed and the Schedule set out in Schedule 7 to this Act is substituted.

(8) Schedule 10 to the Principal Act is repealed and the Schedule set out in Schedule 8 to this Act is substituted.

(9) Schedule 11 to the Principal Act is amended by omitting Part III and substituting the Parts set out in Schedule 9 to this Act.

(10) Schedule 14 to the Principal Act is amended by omitting Part III and substituting the Parts set out in Schedule 10 to this Act.

(11) Schedule 15 to the Principal Act is amended by omitting Part III and substituting the Parts set out in Schedule 11 to this Act.

Payments made before Royal Assent

46. Payments (including advances) by way of financial assistance made to a State or to the Northern Territory under the Principal Act shall be deemed to have been made also for the purposes of the Principal Act as amended by this Act.

SCHEDULE 1 Subsection 45 (1)

NEW PART IV OF SCHEDULE 1 TO THE PRINCIPAL ACT

PART IV—1988

SCHEDULE 2 Subsection 45 (2)

NEW SCHEDULE 2 TO THE PRINCIPAL ACT

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)

PART II—BASE YEAR LEVELS OF ASSISTANCE FOR RECURRENT GRANTS FOR PRIMARY SCHOOLS

PART III—LEVELS OF ASSISTANCE FOR RECURRENT GRANTS FOR SECONDARY SCHOOLS (INCLUSIVE OF MAXIMUM RESOURCE AGREEMENT ALLOCATIONS)

SCHEDULE 2—continued

PART IV—BASE YEAR LEVELS OF ASSISTANCE FOR RECURRENT GRANTS FOR SECONDARY SCHOOLS

SCHEDULE 3 Subsection 45 (3)

NEW PARTS III AND IV OF SCHEDULE 3 TO THE PRINCIPAL ACT

PART III—1987

PART IV-1988

SCHEDULE 4 Subsection 45 (4)

NEW PARTS III AND IV OF SCHEDULE 4 TO THE PRINCIPAL ACT

PART III—1987

PART IV—1988

SCHEDULE 5 Subsection 45 (5)

NEW PARTS III AND IV OF SCHEDULE 5 TO THE PRINCIPAL ACT

PART III—1987

PART IV—1988

SCHEDULE 6 Subsection 45 (6)

NEW PART III OF SCHEDULE 7 TO THE PRINCIPAL ACT

PART III—1987

SCHEDULE 7 Subsection 45 (7)

NEW SCHEDULE 9 TO THE PRINCIPAL ACT

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)

SCHEDULE 7—continued

PART II—BASE YEAR LEVELS OF ASSISTANCE FOR NON-GOVERNMENT PRIMARY SCHOOLS

PART III—LEVELS OF ASSISTANCE FOR RECURRENT EXPENDITURE FOR NON-GOVERNMENT SECONDARY SCHOOLS (INCLUSIVE OF MAXIMUM RESOURCE AGREEMENT ALLOCATIONS)

PART IV—BASE YEAR LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SECONDARY SCHOOLS

SCHEDULE 8 Subsection 45 (8)

NEW SCHEDULE 10 TO THE PRINCIPAL ACT

SCHEDULE 10 Sections 28 and 29

NON-GOVERNMENT SCHOOLS—SUPPLEMENTARY ESTABLISHMENT GRANTS PART I—NON-GOVERNMENT PRIMARY SCHOOLS

PART II—NON-GOVERNMENT SECONDARY SCHOOLS

SCHEDULE 9 Subsection 45 (9)

NEW PARTS III AND IV OF SCHEDULE 11 TO THE PRINCIPAL ACT

PART III—1987

PART IV—1988

SCHEDULE 10 Subsection 45 (10)

NEW PARTS III AND IV OF SCHEDULE 14 TO THE PRINCIPAL ACT

PART III—1987

SCHEDULE 10—continued

PART IV—1988

SCHEDULE 11 Subsection 45 (15)

NEW PARTS III AND IV OF SCHEDULE 15 TO THE PRINCIPAL ACT

PART III—1987

PART IV—1988

NOTE

1. No. 126, 1984, as amended. For previous amendments, see Nos. 60 and 163, 1985; Nos. 66 and 155, 1986; and No. 37, 1987.

[Minister’s second reading speech made in—

House of Representatives on 5 November 1987

Senate on 19 November 1987]