Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1976 No. 133, 1976 - SECT 15

15. (1) In this section, except where the contrary intention appears, ''list
of non-systemic schools'' means the list prepared in accordance with
sub-section 17 (1) of the States Grants (Schools) Act 1976, being that list as
varied before the commencing day under sub-section 17 (2) of that Act.

(2) The Minister may, from time to time, vary the list of non- systemic
schools for the purpose of adding to it non-systemic schools that come into
existence (whether upon ceasing to be systemic schools or otherwise), or the
existence of which first becomes known to the Minister, and the Minister
shall, in making such a variation, specify, in respect of each such school,
the level at which assistance is to be provided under this Act for the school
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 a non-systemic school 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 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 a
non-systemic school in respect of recurrent expenditure, vary the list of
non-systemic schools by specifying in respect of that school a different level
at which assistance is to be provided for the school 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 non-systemic schools 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 non-systemic schools 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 a
non-systemic school 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 non-systemic schools in relation to the school and the number
        of students receiving primary education at the school on the date (in
        paragraph (b) referred to as the
''census date'') that is the schools census date for that State or is such
other date as the Minister, in special circumstances, determines in relation
to the school;

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

   (c)  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 in respect of recurrent expenditure in respect of the
        year to which this Act applies in relation to migrant education
        provided at the school;

   (d)  if the school is a school in need of short-term emergency assistance,
        an amount equal to such amount as the Minister, subject to section 17,
        determines to be the amount of additional assistance to be provided
        for the school in respect of recurrent expenditure in respect of the
        year to which this Act applies;

   (e)  if primary education or secondary education is provided at the school
        for part-time students as well as for full-time students, an amount
        equal to such amount (if any) as the Minister determines to be the
        amount of assistance to be provided for the school 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 in respect of the
year to which this Act applies of a non-systemic school 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 an amount equal to the
        relevant financial assistance, and, in making the payment, will
        describe the amount paid to the authority as a payment in respect of
        that school 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 for the purpose of meeting recurrent expenditure in
               respect of the year to which this Act applies of the school,
               and, in particular, will ensure that an amount equal to the
               amount determined by the Minister under paragraph (7) (c) in
               relation to the school is applied in respect of
               recurrent expenditure of the school in relation to
               migrant education provided at the school;

        (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 school, and such
                     other financial and statistical information in respect of
                     the school, 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.