Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1976 No. 133, 1976 - SECT 14

14. (1) In this section, except where the contrary intention appears, ''list
of approved school systems'' means the list prepared in accordance with
sub-section 14 (1) of the States Grants (Schools) Act 1976, being that list as
varied before the commencing day under sub-section 14 (2) of that Act.

(2) The Minister may, from time to time, vary the list of approved school
systems for the purpose of adding to it school systems that are declared by
him to be approved school systems for the purposes of this Act and the
Minister shall, in making such a variation, specify, in respect of each such
school system, the level at which assistance is to be provided under this Act
for the school system in respect of recurrent expenditure in respect of the
year to which this Act applies, being a level of assistance set out in column
1 of Schedule 4.

(3) The Minister shall, in determining the level at which assistance is to be
provided under this Act for an approved school system referred to in
sub-section (2) in respect of recurrent expenditure in respect of the year to
which this Act applies, have regard to the needs of the school system for
assistance under this Act in respect of recurrent expenditure in respect of
the year to which this Act applies.

(4) The Minister may, having regard to any change in the needs of an
approved school system in respect of recurrent expenditure, vary the list of
approved school systems by specifying in respect of that approved school
system a different level at which assistance is to be provided for the school
system in respect of recurrent expenditure in respect of the year to which
this Act applies, being a level of assistance set out in column 1 of Schedule
4.

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

(6) The Minister shall cause a copy of any variation made under sub-section
(2), (4) or (5) of the list of approved school systems to be published in the
Gazette.

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

   (a)  an amount equal to the product of the amount specified in column 2 of
        Schedule 4 opposite to the level specified in the
        list of approved school systems in relation to the school system and
        the number of students receiving primary education at systemic schools
        in the school system on the date (in
paragraph (b) referred to as the ''census date'') that is the schools census
date for the State or is such other date as the Minister, in special
circumstances, determines in relation to the school system;

   (b)  an amount equal to the product of the amount specified in column 3 of
        Schedule 4 opposite to the level specified in the
        list of approved school systems in relation to the school system and
        the number of students receiving secondary education at
        systemic schools in the school system on the census date;

   (c)  an amount equal to such amount as the Minister, subject to section 16,
        determines to be the amount of assistance to be provided for the
        school system in respect of recurrent expenditure in respect of the
        year to which this Act applies in relation to migrant education
        provided at systemic schools in the school system;

   (d)  if any systemic schools in the school system are schools in need of
        short-term emergency assistance, an amount equal to such amount as the
        Minister, subject to section 17, determines to be the amount of
        additional assistance to be provided for the school system in respect
        of recurrent expenditure in respect of the
        year to which this Act applies in relation to those last- mentioned
        schools;

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

(8) The financial assistance to a State constituted by a payment of moneys
under sub-section (7) in respect of recurrent expenditure of an approved
school system in the State (in this sub-section referred to as the ''relevant
financial assistance'') is granted on the conditions that-

   (a)  subject to paragraph (b), the State will, without undue delay, pay to
        the approved authority of the school system an amount equal to the
        relevant financial assistance, and, in making the payment, will
        describe the amount paid to the authority as a payment made out of
        moneys provided to the State by the Commonwealth under sub-section
        (7);

(b) the payment (in this paragraph referred to as the ''relevant payment'') to
the approved authority will not be made unless the authority, before or at the
time of accepting the payment, agrees with the State to be bound by the
following conditions:-

        (i)    the authority will ensure that an amount equal to the relevant
               payment is (within a period of 6 months after the payment is
               made or within such further period as the Minister allows)
               applied, according to the respective needs of the
               systemic schools in the school system, for the purpose of
               meeting recurrent expenditure in respect of the
               year to which this Act applies of those schools, and of the
               authority in respect of those schools, in such proportions as
               the Minister determines, and, in particular, will ensure that-

                (A)  an amount equal to the amount determined by the Minister
                     under paragraph (7) (c) in relation to the school system
                     is applied, in such proportions as the Minister
                     determines, in respect of recurrent expenditure of those
                     schools, and of the authority in respect of those
                     schools, in relation to migrant education provided at
                     those schools; and

                (B)  an amount equal to the amount determined by the Minister
                     under paragraph (7) (d) in relation to the school system
                     is applied in respect of such of those schools as are
                     schools in need of short-term emergency assistance in
                     relation to recurrent expenditure of those last-mentioned
                     schools;

        (ii)   the authority will cause to be furnished to the Minister (not
               later than 30 June 1978 or such later date as the Minister
               approves)-

                (A)  a certificate by a qualified accountant to the effect
                     that he has satisfied himself that an amount equal to the
                     relevant payment has been applied as required by
                     sub-paragraph (i); and

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

   (c)  if the State does not fulfil the conditions that, under paragraphs (a)
        and (b), are to be observed by the State in relation to the
        relevant financial assistance, the State will repay to the
        Commonwealth an amount equal to the relevant financial assistance or,
        if the Minister determines that part only of the financial assistance
        is repayable, an amount equal to that part; and

   (d)  if the approved authority does not fulfil any condition to which, by
        virtue of paragraph (b), the authority has agreed, the State will
        repay to the Commonwealth an amount equal to so much of the
        relevant financial assistance as is equal to any amount repaid to the
        State by, or recovered by the State from, the authority.