Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1976 No. 133, 1976 - SECT 38

38. (1) Subject to section 39, 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 education centre in the State, of such amounts as the
Minister determines.

(2) The financial assistance to a State constituted by a payment of moneys
under sub-section (1) in respect of recurrent expenditure in respect of the
year to which this Act applies of an approved education centre 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 the
        governing body of the centre an amount equal to the relevant financial
        assistance, 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 sub-section (1);

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

        (i)    the governing body 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 of the centre in respect of the
               year to which this Act applies;

        (ii)   the governing body 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 centre 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 governing body of the approved education centre does not fulfil
        any condition to which, by virtue of paragraph (b), the governing body
        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
        governing body.