Commonwealth Numbered Acts

States Grants (Schools Assistance) Act 1983 No. 119 of 1983 - SECT 23

23. (1) Until the Minister causes to be published in the Gazette a list of
approved school systems in accordance with sub-section (2), references in this
section to the list of approved school systems shall, unless the contrary
intention appears, be read as references to-

   (a)  the list published in accordance with sub-section 21 (2) of the
        States Grants (Schools Assistance) Act 1982, or that list as varied
        under that Act before the commencing day; or

   (b)  if the list referred to in paragraph (a) is varied on or after the
        commencing day under sub-section (3), (5) or (6), that list as so
        varied.

(2) The Minister may cause to be published in the Gazette the list referred to
in paragraph (1) (a) or, if that list is varied under sub-section (3), (5) or
(6) on or after the commencing day and before the publication of that list in
the Gazette, that list as so varied, and, if the Minister does so, references
in this section to the list of approved school systems shall then, unless the
contrary intention appears, be read as references to the list so published or,
if the list so published is varied under sub-section (3), (5) or (6), to the
list as so published and so varied.

(3) The Minister may, from time to time, vary the list of approved
school systems for the purpose of adding to it school systems that are
declared by the Minister to be approved school systems for the purposes of
this Act and, if the Minister makes such a variation, the Minister shall, in
respect of each such approved school system, specify, in the instrument of
variation, the level, being a level of assistance set out in column 1 of
Schedule 8, at which financial assistance is to be provided under this section
to the approved school system for the purpose of meeting recurrent expenditure
of the approved school system in respect of the year 1984.

(4) The Minister shall, in determining for the purposes of sub-section (3) the
level at which financial assistance is to be provided under this section to an
approved school system for the purpose of meeting recurrent expenditure of the
approved school system in respect of the year 1984, have regard to the need of
the approved school system for such assistance.

(5) The Minister may, having regard to any change in the need of an
approved school system for financial assistance under this section for the
purpose of meeting recurrent expenditure of the approved school system in
respect of the year 1984, vary the list of approved school systems by
specifying, in the instrument of variation, in respect of the approved school
system a different level, being a level of assistance set out in column 1 of
Schedule 8, at which financial assistance is to be provided under this section
to the approved school system for the purpose of meeting recurrent expenditure
of the approved school system in respect of the year 1984.

(6) The Minister may vary the list of approved school systems for the purpose
of correcting clerical errors or making alterations of a formal kind.

(7) The Minister shall cause a copy of any variation to the list of
approved school systems made under sub-section (3), (5) or (6) to be published
in the Gazette.

(8) The Minister may authorize the payment to a State under this section, by
way of financial assistance to the State in respect of recurrent expenditure
of an approved school system in the State, of such amounts as the Minister
determines, being amounts that 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 8 opposite to the level of assistance in column 1 of that
        Schedule that is the level of assistance specified in the list of
        approved school systems in relation to the school system and the
        number of students receiving primary education at systemic schools in
        the school system on the
date (in paragraph (b) referred to as the ''census date'') that is the schools
census date for the State or is such other date as the Minister, in special
circumstances, determines in relation to the school system;

   (b)  an amount equal to the product of the amount specified in column 3 of
        Schedule 8 opposite to the level of assistance in column 1 of that
        Schedule that is the level of assistance specified in the list of
        approved school systems in relation to the school system and the
        number of students receiving secondary education at systemic schools
        in the school system on the census date;

   (c)  if any of the systemic schools in the school system are schools in
        need of short-term emergency assistance, an amount equal to such
        amount as the Minister, subject to section 25, determines to be the
        amount of additional assistance to be provided to the school system
        for the purpose of meeting recurrent expenditure, in respect of
        the year 1984, in connection with those last-mentioned schools;

   (d)  if primary education or secondary education is provided at any
        systemic school in the school system 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 financial assistance to be
        provided to the school system for the purposes of meeting
        recurrent expenditure, in respect of the year 1984, in connection with
        those part-time students.

(9) Financial assistance is granted to a State under this section in respect
of recurrent expenditure of an approved school system in the State on the
conditions that-

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

   (b)  the State will not make a payment to the approved authority under this
        section unless the Commonwealth Education Minister furnishes a
        certificate to the State Education Minister for that State to the
        effect that the approved authority has agreed with the Commonwealth 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 is applied, according to the respective needs of
               systemic schools in the school system, for the purpose of
               meeting recurrent expenditure, in respect of the year 1984, of
               those schools, and of the approved authority in respect of
               those schools, in such proportions as the
               Commonwealth Education Minister determines, and, in particular,
               will ensure that such part of that amount as is not less than
               the amount determined by the Commonwealth Education Minister
               under paragraph (8) (c) in relation to the school system is
               applied for the purpose of meeting recurrent expenditure, in
               respect of the year 1984, in connection with such of those
               schools as are schools in need of short-term emergency
               assistance;

        (ii)   the approved authority will ensure that the benefits of, and
               the opportunities created by, the application of an amount
               equal to so much of that amount as is applied for the purpose
               of meeting recurrent expenditure of co-educational schools, and
               of the approved authority in respect of those schools, are, as
               far as practicable, equally available to male and female
               students at those schools;

        (iii)  the approved authority will cause to be furnished to the
               Commonwealth Education Minister (not later than 30 June 1985 or
               such later date as the Commonwealth Education Minister
               approves)-

                (A)  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; and

                (B)  a statement, in writing, that contains such information
                     in respect of recurrent expenditure of the
                     systemic schools in the school system, and of the
                     approved authority in respect of those schools, and such
                     other financial and statistical information in respect of
                     those schools and the approved authority, as is required
                     by the Commonwealth Education Minister to be so
                     furnished;

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