Commonwealth Numbered Acts

States Grants (Schools Assistance) Act 1983 No. 119 of 1983 - SECT 38

38. (1) Subject to section 39, where the Minister approves, under section  36
, a program submitted by an approved authority in relation to a non-systemic
school in a State as an approved program of computer education in respect of a
year the Minister may authorize the payment to the State, by way of financial
assistance, in respect of recurrent expenditure in respect of that year of
that non-systemic school in connection with the provision of that program at
or in connection with that school, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect
of recurrent expenditure in respect of a year of a non-systemic school in
connection with the provision of an approved program of computer education
approved in respect of that year 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 the amount
        paid to the State under this section in relation to the school, and,
        in making the payments 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 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 is applied
               for the purpose of meeting recurrent expenditure, in respect of
               that year, of the school in connection with the provision of
               the program at or in connection with the school;

        (ii)   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 meeting recurrent expenditure, in respect of that
               year, in connection with the provision of the program at or in
               connection with the school are, as far as practicable, equally
               available to male students and female students at the school;

        (iii)  the approved authority will cause to be furnished to the
               Commonwealth Education Minister (not later than 30 June next
               following the expiration of that year 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) have been fulfilled; and

                (B)  a statement, in writing, that contains such information
                     in respect of the operation of the program at or in
                     connection with the school as is required by the
                     Commonwealth Education Minister to be so furnished; and

        (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 in respect of that program and of that year) as the
               Commonwealth Education Minister determines should be paid by
               the approved authority.