Commonwealth Numbered Acts

States Grants (Schools Assistance) Act 1983 No. 119 of 1983 - SECT 30

non-systemic schools

30. (1) 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 a non-systemic school in the State in connection with education
in English as a second language for eligible new arrivals provided at or in
connection with the school, of such amounts as the Minister determines, being
amounts that do not exceed, in the aggregate, an amount equal to the product
of the amount that is determined by the Minister under section 5 to be the
level at which financial assistance is to be provided in respect of each
eligible new arrival receiving education in English as a second language and
the number of eligible new arrivals who will receive that education provided
at or in connection with the school.

(2) Financial assistance is granted to a State under this section in respect
of recurrent expenditure of a non-systemic school in the State in connection
with education in English as a second language for eligible new arrivals
provided at or in connection with the school 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 each amount
        paid to the State under this section in relation to the school, 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 has furnished to
        the State Education Minister for the State a certificate 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 for the purpose of meeting
               recurrent expenditure, in respect of courses commencing in
               1984, of the school in connection with education in English as
               a second language for eligible new arrivals provided at or in
               connection with the school;

        (ii)   the approved authority will ensure that each eligible new
               arrival for whom a course of that education is provided,
               commencing in that year, at or in connection with the school-

                (A)  enrolled in the course before 1 May 1984 or before the
                     date occurring 6 months after the date of his arrival in
                     Australia, whichever is the later date;

                (B)  at the time of enrolling in the course, is undertaking,
                     or has an intention to undertake either before or as soon
                     as practicable after his completion of the course,
                     primary education or secondary education at a
                     government school or non-government school; and

                (C)  if he arrived in Australia before 1 November 1983-did not
                     undertake, or commence to undertake, in Australia, a
                     course similar to that course before that date;

        (iii)  if the school is a co-educational school-the approved authority
               will ensure that the benefits of, and the opportunities created
               by, the application of an amount equal to that amount for the
               purposes of that expenditure of the school are, as far as
               practicable, equally available to male students and female
               students at the school;

        (iv)   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 education in English as a second language
                     for eligible new arrivals provided at or in connection
                     with the school as is required by the
                     Commonwealth Education Minister to be so furnished;

        (v)    if the approved authority does not fulfil a condition specified
               in sub-paragraph (i), (ii), (iii) or (iv), 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.