Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 11

11. (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 in connection with government schools in the State in respect of a
year to which this section applies, 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 the column
        of Part II of Schedule 2 that relates to that year and the number of
        students receiving primary education at government schools in the
        State on the schools census date for that year or on such other date
        as the Minister, in special circumstances, determines for the purposes
        of this paragraph in relation to the State in respect of that year;

   (b)  an amount equal to the product of the amount specified in the column
        of Part IV of Schedule 2 that relates to that year and the number of
        students receiving secondary education at government schools in the
        State on the schools census date for that year or on such other date
        as the Minister determines for the purposes of this paragraph in
        relation to the State in respect of that year;

   (c)  if primary education is provided at any government school in the State
        for part-time students as well as for full-time students, an amount
        equal to such amount (if any) as the Minister, in special
        circumstances, determines to be the amount of financial assistance to
        be provided to the State for the purposes of meeting
        recurrent expenditure in respect of that year, in connection with
        those part-time students;

   (d)  if secondary education is provided at any government school in the
        State 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 State for the
        purpose of meeting recurrent expenditure in respect of that year, in
        connection with those part-time students;

   (e)  an additional amount in relation to government primary schools in the
        State equal to the product of the amount (if any) determined by the
        Minister under sub-section (2), or in a resource agreement entered
        into under sub-section (3), for the purposes of this paragraph in
        relation to the State in respect of that year and the number of
        students receiving primary education at government schools in the
        State on the schools census date in that year or on such other date as
        the Minister determines for the purposes of paragraph (a) in relation
        to the State in respect of that year;

   (f)  an additional amount in relation to government secondary schools in
        the State equal to the product of the amount (if any) determined by
        the Minister under sub-section (2), or in a resource agreement entered
        into under sub-section (3), for the purposes of this paragraph in
        relation to the State in respect of that year and the number of
        students receiving secondary education at government schools in the
        State on the schools census date in that year or on such other date as
        the Minister determines for the purposes of paragraph (b) in relation
        to the State in respect of that year.

(2) The Minister may determine an amount under the sub-section in relation to
government primary schools, or government secondary schools, in a State, in
respect of the year 1985, for the purposes of paragraph (1) (e) or (f) if, and
only if, before 1 January 1985 or such later date as the Minister determines,
the State has provided to the Commonwealth a statement, in a form approved by
the Minister, setting out, in respect of that year, the particular areas of
expenditure to which the State proposes to apply an amount equal, or amounts
that in the aggregate are equal, to the estimated financial assistance that
will be provided under this section in respect of those schools in respect of
that year by reason of that determination.

(3) The Commonwealth and a State may, before 1 January of the year 1986, 1987
or 1988, or such later date as the Minister determines in respect of that
year, enter into an agreement, to be called a "resource agreement", in respect
of that year, relating to particular areas of expenditure, or to a particular
area of expenditure, of a recurrent nature in relation to government primary
schools, government secondary schools, or government primary schools and
government secondary schools, in the State, in respect of that year whereby-

   (a)  an amount is determined for the purposes of paragraph (1) (e) or (f),
        or amounts are determined for the purposes of both of those
        paragraphs, in relation to the State in respect of that year; and

   (b)  the State agrees that it will undertake expenditure at certain levels,
        or at a certain level, (whether expressed as a per capita rate per
        student or otherwise) in that year, on each of the particular areas of
        expenditure, or on the particular area of expenditure, to which the
        agreement relates.

(4) An amount determined by the Minister under sub-section (2), or in a
resource agreement entered into by the Commonwealth and a State, for the
purposes of paragraph (1) (e), in relation to government schools in the State
in respect of a year to which this section applies shall not exceed the
amount, if any, by which the amount specified in the column of Part I of
Schedule 2 that relates to that year exceeds the amount specified in the
column of Part II of that Schedule that relates to that year.

(5) An amount determined by the Minister under sub-section (2), or in a
resource agreement entered into by the Commonwealth and a State, for the
purposes of paragraph (1) (f), in relation to government schools in the State
in respect of a year to which this section applies, shall not exceed the
amount, if any, by which the amount specified in the column of Part III of
Schedule 2 that relates to that year exceeds the amount specified in the
column of Part IV of that Schedule that relates to that year.

(6) Financial assistance is granted to a State under this section in respect
of a year to which this section applies on the condition that the State will
ensure that an amount equal to the sum of the amounts of financial assistance
paid to the State under this section in that year is applied by the State,
according to the needs of government primary schools and government secondary
schools in the State.

(7) The Minister shall not authorize a payment to a State under sub-section
(1) unless and until the Minister is satisfied that arrangements have been
made in accordance with which the State will give to the Minister such general
particulars as the Minister requires of recurrent expenditure (other than
expenditure funded from Commonwealth education grants) undertaken, or proposed
to be undertaken, in connection with government primary schools and government
secondary schools in the State in respect of such period or periods as the
Minister determines.

(8) A reference in sub-section (7) to expenditure funded from Commonwealth
education grants is a reference to expenditure to which is applied an amount
equal to an amount of financial assistance granted to a State under this Act
or any other Act that provides for the granting of financial assistance to the
States, or to the States and the Northern Territory, for and in relation to
schools.

(9) This section applies to the years 1985, 1986, 1987 and 1988.