Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 NO. 129 OF 1982 - SECT 19

19. (1) Subject to section 20, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of expenditure in relation to a project approved under section 18, of
such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect
of expenditure in relation to a project approved under section 18 (being a
building project or an equipment project in connection with a non-government
school in the State) on the conditions that-

   (a)  subject to paragraphs (b) and (c), the State will, without undue
        delay, pay to the approved authority of the school an amount equal to
        each amount paid to the State under this section in relation to the
        project, and, in making the payment, will describe the amount paid to
        the approved authority as a payment in relation to the project made
        out of moneys provided to the State by the Commonwealth under this
        section;

   (b)  the State will not make a payment to the approved authority under this
        section in relation to the project unless the approved authority,
        before or at the time of accepting the first payment under this
        section in relation to the project, has agreed or agrees with the
        State to be bound by the following conditions:

        (i)    the approved authority will ensure that an amount equal to the
               sum of the amounts paid to the approved authority under this
               section in relation to the project is applied for the purpose
               of meeting expenditure, in respect of commitments already
               undertaken or to be undertaken not later than 31 December 1983,
               in relation to the project;

        (ii)   the approved authority will cause to be furnished to the
               Minister (within a period of 3 months after the date of
               completion of the project or within such further period as the
               Minister approves) a certificate by a qualified accountant to
               the effect that he has satisfied himself that the condition
               specified in sub-paragraph (i) has been fulfilled;

        (iii)  the approved authority will comply with such other conditions
               (if any) as are specified in the approval of the project under
               section 18;

        (iv)   if the approved authority does not fulfil a condition specified
               in sub-paragraph (i), (ii) or (iii), the authority will, if the
               Minister so determines, repay to the State such amount (not
               being an amount greater than the sum of the amounts paid to the
               approved authority under this section in relation to the
               project) as the Minister determines should be repaid by the
               approved authority; and

   (c)  where the total expenditure in relation to the project is, or will be,
        not less than $30,000-

        (i)    the State will not make a payment to the
               approved authorityunder this section in relation to the project
               unless the approved authority, before or at the time of
               accepting the first payment under this section in relation to
               the project, has entered or enters into an agreement with the
               State, being an agreement approved by the Minister, to be bound
               by the condition that, if, within the prescribed period
               relating to the project-

                (A)  an asset (being land, a building or equipment) in respect
                     of which an amount paid to the approved authority under
                     this section in relation to the project was expended
                     ceases to be used;

                (B)  such an asset ceases to be used principally for an
                     approved purpose; or

                (C)  the approved authority sells or otherwise disposes of
                     such an asset to a person, other than the State, for use
                     principally for an approved purpose without the person
                     having entered or entering into an agreement with the
                     State, being an agreement approved by the Minister, under
                     which that person has the same obligations in relation to
                     the asset as the approved authority had by virtue of this
                     paragraph before the sale or other disposal of the asset,

the approved authority will, if the Minister so requires, repay
to the State the amount ascertained in accordance with the
AB
formula --- , where-
C
A is the total amount paid to the approved authority under this section in
relation to the project that was expended in respect of the relevant asset;

B is the number of years in the prescribed period that are years that had not
commenced before the relevant asset ceased to be used, ceased to be used for
such a purpose or was so sold or otherwise disposed of, as the case requires;
and

C is the number of years in the prescribed period; and

        (ii)   if the approved authority fails to repay an amount in
               accordance with the condition specified in sub-paragraph (i) or
               a person who has entered into an agreement referred to in
               sub-sub-paragraph (i) (C) fails to repay an amount in
               accordance with the agreement, the State will, if and when the
               Minister so requires, take legal proceedings to recover that
               amount.

(3) In paragraph (2) (c)-

''approved purpose'', in relation to an asset, means-

   (a)  the purpose for which the asset was intended to be used when, under
        section 18, the Minister approved the project relating to the asset;
        or

   (b)  a purpose approved by the Minister;

''prescribed period'', in relation to a project approved under section 18,
means-

   (a)  except where paragraph (b) applies-the period of 20 years commencing
        on the day on which the project is completed; or

   (b)  if, at the time when the Minister approved the project, he declared
        that a period of a lesser number of years commencing on that day was
        to be the prescribed period in relation to the project-that lesser
        period.

(4) Subject to sub-section 3 (9), the approved authority of a non-government
school may, for the purposes of this section, treat amounts that have been
applied before the commencing day, for the purpose of meeting expenditure in
relation to a project approved under section 18, as having been so applied
after that day.