Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 No. 157, 1977 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''approved authority'', in relation to an approved school system or in
relation to a non-government school, means such person or body as the Minister
declares to be the approved authority of that school system or of that school,
as the case may be, for the purposes of this Act;

''approved education centre'' means an education centre approved by the
Minister under sub-section 4 (6);

''approved school system'' means a school system in a State, or in a part of a
State, that consists of non-government schools and that the Minister declares
to be an approved school system for the purposes of this Act;

''approved service and development activities'' means-

   (a)  in-service teacher training;

   (b)  inquiries into the feasibility of providing support services for
        government schools and non-government schools in a State, or the
        planning of such support services; or

   (c)  activities the purpose of which is to improve communication and
        understanding between teachers at government schools and teachers at
        non-government schools in a State, other persons employed at, or
        associated with the administration of, those schools, and pupils, and
        parents of pupils, at, and other members of the community interested
        in education at, those schools;

''building'' includes part of a building;

''building project'' includes-

   (a)  the investigation of the need for-

        (i)    schools, or schools of particular kinds, in a State or a part
               of a State; or

        (ii)   a building or other facilities;

   (b)  the purchase of land, with or without buildings;

   (c)  the planning, erection, alteration or extension of a building or other
        facilities;

   (d)  the development or preparation of land for building or other purposes;
        and

   (e)  the installation of water, electricity or other services;

''certificate by an authorized person'', in relation to a condition contained
in a section of this Act that requires a certificate to be furnished by a
State to the Commonwealth Education Minister, means a certificate signed by
the person authorized by the State Education Minister for the State to sign
that certificate;

''certificate by a qualified accountant'' means a certificate signed by-

   (a)  a person who is registered as a company auditor or a public accountant
        under a law of a State or Territory;

   (b)  a member of the Institute of Chartered Accountants in Australia or of
        the Australian Society of Accountants; or

   (c)  a person approved by the Minister as a qualified accountant for the
        purposes of this Act;

''child'' includes young person;

''commencing day'' means the day on which this Act receives the Royal Assent;

''Commonwealth Education Minister'' means the Minister;

''disadvantaged country area'' means an area that the Minister declares, under
sub-section 4 (4), to be a disadvantaged country area for the purposes of this
Act;

''disadvantaged school'' means-

   (a)  a government school in a State that the State Education Minister for
        the State notifies the Commonwealth Education Minister, under
        sub-section 4 (1), is a school that should, in the opinion of the
        State Education Minister, be treated as a disadvantaged school for the
        purposes of this Act; or

   (b)  a non-government school in a State that the Minister declares, under
        sub-section 4 (2), to be a disadvantaged school for the purposes of
        this Act;

''education centre'' means a body corporate, or a body of persons that the
Minister is satisfied will become a body corporate during the year to which
this Act applies-

   (a)  the members, or a majority of the members, of the governing body of
        which are persons employed as teachers at government schools or
        non-government schools;

   (b)  the sole or principal object of which is to improve the professional
        competence of teachers by methods that include the provision of
        in-service teacher training; and

   (c)  which is not conducted for the profit, direct or indirect, of an
        individual or individuals;

''equipment project'' means a project for or in relation to the provision of
equipment, library material or furniture;

''government disadvantaged school'' means a government primary school, or a
government secondary school, that is a disadvantaged school;

''government primary school'' means-

   (a)  a government school at which primary education is provided or a
        proposed government school at which primary education is to be
        provided; or

   (b)  in the case of a government school at which primary education, and
        also education other than primary education, are provided-that school
        in so far as it provides primary education;

''government school'' means a school in a State that is conducted, or proposed
to be conducted, by or on behalf of the Government of the State;

''government secondary school'' means-

   (a)  a government school at which secondary education is provided or a
        proposed government school at which secondary education is to be
        provided; or

   (b)  in the case of a government school at which secondary education, and
        also education other than secondary education, are provided-that
        school in so far as it provides secondary education;

''government special school'' means a government school that is a special
school;

''in-service teacher training'' means teacher training of persons in
employment as teachers at government schools or non- government schools;

''library material'' includes books, periodicals, newspapers, films, sound
recordings, musical scores, maps, plans, pictures, photographs and prints;

''migrant education'' means the provision of special educational programs and
facilities, and the adaptation of educational programs and facilities, for the
purpose of meeting the special educational needs of migrant children and the
children of migrants or for the purpose of meeting the special educational
needs of those children and also providing education for those children and
other children that takes account of the various cultures of peoples in
countries from which persons have migrated to Australia;

''non-government disadvantaged school'' means a school that is a systemic
disadvantaged school or a non-systemic disadvantaged school;

''non-government primary school'' means-

   (a)  a non-government school in a State at which primary education is
        provided or a proposed non-government school in a State at which
        primary education is to be provided; or

   (b)  in the case of a non-government school at which primary education, and
        also education other than primary education, are provided-that school
        in so far as it provides primary education;

''non-government school'' means a school in a State that is not conducted, or
proposed to be conducted, by or on behalf of the Government of the State, but
does not include a school conducted, or proposed to be conducted, for the
profit, direct or indirect, of an individual or individuals;

''non-government secondary school'' means-

   (a)  a non-government school in a State at which secondary education is
        provided or a proposed non-government school in a State at which
        secondary education is to be provided; or

   (b)  in the case of a non-government school at which secondary education,
        and also education other than secondary education, are provided-that
        school in so far as it provides secondary education;

''non-government special school'' means a non-government school that is a
special school;

''non-systemic disadvantaged school'' means a non-systemic school that is a
disadvantaged school;

''non-systemic school'' means a non-government primary school, or a
non-government secondary school, that is not a systemic school;

''previous schools assistance Act'' means the States Grants (Schools 
Assistance) Act 1976 or any other Act that came into operation before the
commencing day and provided, or provides, for the granting of financial
assistance to the States in relation to schools;

''primary education'', in relation to a non-government school in a State,
means education of a kind similar to that provided for students at government
primary schools in the State;

''recurrent expenditure'' means expenditure other than capital expenditure;

''residential institution'' means an institution or home in a State that
(whether or not it is an institution or home at which primary or secondary
education is also provided) provides residential care for children and is
conducted for welfare, correctional or similar purposes, being an institution
or home that the Commonwealth Education Minister, having regard to any advice
furnished to him by the State Education Minister for the State in relation to
the institution or home, declares to be a residential institution for the
purposes of this Act;

''school'' includes a proposed school, or an institution or proposed
institution similar to a school, but does not include-

   (a)  a school or institution at which education is provided at pre-school
        or kindergarten standard only or a proposed school or institution at
        which it is proposed that education be provided at pre-school or
        kindergarten standard only; or

   (b)  where the State Education Minister for a State notifies the
        Commonwealth Education Minister that a specified school or institution
        in the State is not recognized by the State Education Minister as a
        school and the Commonwealth Education Minister does not approve the
        school or institution as a school for the purposes of this Act-that
        school or institution;

''school in need of short-term emergency assistance'' means a school that the
Minister declares, under sub-section 4 (5), to be, for the purposes of this
Act, a school in need of short-term emergency assistance;

''schools census date'', in relation to a State, means the date in the year
to which this Act applies as at which the Australian Statistician compiles
statistics in relation to the numbers of students in schools in the State;

''Schools Commission'' means the Schools Commission established by the
Schools Commission Act 1973;

''secondary education'', in relation to a non-government school in a State,
means education of a kind similar to that provided for students at government
secondary schools in the State;

''special school'' means a school, or proposed school, in a State (whether or
not it is a school or institution at which primary education or secondary
education is provided or proposed to be provided)-

   (a)  at which special education is provided, or proposed to be provided,
        for handicapped children; and

   (b)  that the State Education Minister for the State notifies the
        Commonwealth Education Minister should, in the opinion of the
        State Education Minister, be treated as a special school for the
        purposes of this Act,

or, in the case of such a school at which special education for handicapped
children, and also education other than special education for handicapped
children, are provided, that school in so far as it provides special education
for handicapped children;

''State Education Minister'', in relation to a State, means the Minister of
State for the State who is responsible, or principally responsible, for the
administration of matters relating to primary education and secondary
education in the State;

''student'' means a full-time student;

''systemic disadvantaged school'' means a systemic school that is a
disadvantaged school;

''systemic school'' means a non-government primary school, or a
non-government secondary school, that is included in an approved school system
and that the Minister declares to be a systemic school for the purposes of
this Act;

''year to which this Act applies'' means the year commencing on 1 January
1978.

(2) A reference in this Act to primary education or secondary education shall,
in relation to students who, by reason of their being handicapped children,
require special educational treatment, be read as including a reference to
education that the Minister declares to be education of a kind that should be
treated as primary education or secondary education, as the case may be, for
the purposes of this Act.

(3) A reference in this Act to a building project shall, except where the
context otherwise requires, be read as including a project that is in part a
building project and in part an equipment project.

(4) Unless the contrary intention appears-

   (a)  references in this Act to government primary schools and to government
        secondary schools shall not be taken, by reason of the express
        references in this Act to government disadvantaged schools,
        government special schools and residential institutions, as not
        including references to disadvantaged schools, special schools and
        residential institutions that are government primary schools or
        government secondary schools;

   (b)  references in this Act to non-government primary schools and to
        non-government secondary schools shall not be taken, by reason of the
        express references in this Act to
        non-government disadvantaged schools, non-government special schools
        and residential institutions, as not including references to
        disadvantaged schools, special schools and residential institutions
        that are non-government primary schools or
        non-government secondary schools;

   (c)  references in this Act to systemic schools shall not be taken, by
        reason of the express references in this Act to systemic disadvantaged
        schools, non-government special schools and residential institutions,
        as not including references to disadvantaged schools, special schools
        and residential institutions that are systemic schools; and

   (d)  references in this Act to non-systemic schools shall not be taken, by
        reason of the express references in this Act to
        non-systemic disadvantaged schools, non-government special schools and
        residential institutions, as not including references to
        disadvantaged schools, special schools and residential institutions
        that are non-systemic schools.

(5) For the purposes of this Act, where, immediately before the commencing
day, a declaration was in force for the purposes of the definition of
''approved authority'', ''approved schools system'', ''residential
institution'' or ''systemic school'' in sub-section 3 (1) of the
States Grants  (Schools Assistance) Act 1976 , the declaration shall, upon the
commencement of this Act, be deemed to be a declaration made under this Act
for the purposes
of the definition of ''approved authority'', ''approved school system'',
''residential institution'' or ''systemic school'', as the case requires, in
sub-section (1) of this section.

(6) Where, immediately before the commencing day, a school in a State was a
special school within the meaning of the States Grants (Schools Assistance) 
Act 1976 , the State Education Minister for the State shall, upon the
commencement of this Act, be deemed to have notified the Commonwealth
Education Minister, in writing, for the purposes of the definition of
''special school'' in sub-section (1) of this section, that the school should,
in the opinion of the State Education Minister, be treated as a special school
for the purposes of this Act.

(7) For the purposes of this Act-

   (a)  where moneys have been applied for a purpose, being the purpose of
        meeting expenditure of a particular kind, the moneys shall not be
        treated as having been applied for that purpose in pursuance of a
        condition specified in a section of this Act that requires a State to
        ensure that an amount is applied for that purpose-

        (i)    if the moneys have been treated by the State, or will be
               treated by the State, as having been applied for that purpose
               in pursuance of a condition specified in another section of
               this Act that also requires the State to ensure that an amount
               is applied for that purpose; or

        (ii)   if the moneys were applied for that purpose in pursuance of a
               condition subject to which financial assistance was granted to
               the State under a previous schools assistance Act; and

   (b)  where moneys have been applied for a purpose, being the purpose of
        meeting expenditure of a particular kind, the moneys shall not be
        treated as having been applied for that purpose in pursuance of a
        condition of a relevant agreement between a State and an
        approved authority-

        (i)    if the moneys have been treated by the approved authority, or
               will be treated by the approved authority, as having been
               applied for that purpose in pursuance of another condition of
               that agreement, or of a condition of another relevant agreement
               between the State and the approved authority, that also
               requires the approved authority to ensure that an amount is
               applied for that purpose; or

        (ii)   if the moneys were applied for that purpose in pursuance of a
               condition of an agreement between the State and the
               approved authority, being an agreement made for the purposes of
               a condition subject to which financial assistance was granted
               to the State under a previous schools assistance Act.

(8) In sub-section (7)-

   (a)  a reference to a relevant agreement between a State and an approved
        authority shall be read as an agreement made between a State and an
        approved authority for the purposes of the condition specified in
        paragraph 14 (2) (b), 16 (8) (b), 17 (8) (b), 20 (2) (b), 21 (2) (b),
        23 (2) (b) or 34 (2) (b); and

   (b)  a reference to an approved authority shall be read as a reference to
        an approved authority of a non-government school, an
        approved authority of an approved school system or a governing body of
        an approved education centre.