Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1976 No. 133, 1976 - SECT 21

21. (1) Subject to sub-section (2) and to section 22, the Minister may
authorize the payment to a State under this sub-section, by way of financial
assistance to a State in respect of expenditure of a non-systemic
disadvantaged school in the State, of such amounts as the Minister determines.

(2) The Minister shall not authorize the payment of an amount to a State under
sub-section (1) unless the Minister is satisfied that the amount will not be
applied for the purpose of meeting capital expenditure except in connexion
with commitments already undertaken or to be undertaken not later than 31
December 1977.

(3) The financial assistance to a State constituted by a payment of moneys
under sub-section (1) in respect of expenditure of a non- systemic
disadvantaged 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
        the school made out of moneys provided to the State by the
        Commonwealth under sub-section (1);

(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 expenditure of the school,
               being expenditure that-

                (A)  is recurrent expenditure in respect of the
                     year to which this Act applies; or

                (B)  is capital expenditure in connexion with a minor project
                     approved by the Minister for the purposes of this
                     sub-paragraph;

        (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 for the purpose
                     referred to in sub-paragraph (i); and

                (B)  a statement in writing that contains such 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.