Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 12

12. (1) This section applies in relation to a State in respect of the year
1986, 1987 or 1988-

   (a)  where the amount determined for the purposes of paragraph 11 (1) (e)
        in a resource agreement entered into by the Commonwealth and the State
        in accordance with sub-section 11 (3) in respect of that year is less
        than the maximum amount that could have been determined in that
        agreement for the purposes of that paragraph, where no amount is so
        determined in such an agreement between the Commonwealth and the State
        in respect of that year or where no such agreement is entered into
        between the Commonwealth and the State in respect of that year; or

   (b)  where the amount determined for the purposes of paragraph 11 (1) (f)
        in a resource agreement entered into by the Commonwealth and the State
        in accordance with sub-section 11 (3) in respect of that year is less
        than the maximum amount that could have been determined in that
        agreement for the purposes of that paragraph, where no amount is so
        determined in such an agreement between the Commonwealth and the State
        in respect of that year or where no such agreement is entered into
        between the Commonwealth and the State in respect of that year.

(2) The Minister may, subject to this section, authorize the payment to a
State in respect of the year 1986, 1987 or 1988 of such amounts as the
Minister determines, being amounts that do not exceed, in the aggregate the
sum of the following amounts-

   (a)  in so far as this section applies in relation to the State in respect
        of that year by virtue of paragraph (l) (a)-an amount equal to the
        difference between the amount, if any, calculated in accordance with
        paragraph 11 (l) (e) in respect of that year in relation to that State
        and the amount that would have been so calculated if a
        resource agreement had been entered into by the Commonwealth and the
        State in respect of that year that determined an amount for the
        purposes of that last-mentioned paragraph equal to the maximum amount
        that could have been so determined in relation to that State in
        respect of that year for the purposes of that last-mentioned
        paragraph;

   (b)  in so far as this section applies in relation to the State in respect
        of that year by virtue of paragraph (l) (b)-an amount equal to the
        difference between the amount, if any, calculated in accordance with
        paragraph 11 (l) (f) in respect of that year in relation to that State
        and the amount that would have been so calculated if a
        resource agreement had been entered into by the Commonwealth and the
        State in respect of that year that determined an amount for the
        purposes of that last-mentioned paragraph equal to the maximum amount
        that could have been so determined in relation to that State in
        respect of that year for the purposes of that last-mentioned
        paragraph.

(3) Where the Minister, in respect of the year 1986, 1987 or 1988, authorizes
a payment to a State under sub-section (2), the Minister shall direct that the
payment is authorized for the purposes of-

   (a)  a particular provision of this Act (other than section 11), being a
        provision that provides for the granting of financial assistance to
        the State in respect of its expenditure of a recurrent nature in that
        year, or in a number of years including that year, in relation to
        government schools in the State or to projects or programs connected
        with such schools; or

   (b)  section 7 of the
        States Grants (Education Assistance-Participation and  Equity) Act
        1983 , or a corresponding provision of a later Act, making provision
        for financial assistance in similar or substantially similar
        circumstances, in so far as that section or that corresponding
        provision applies to that year.

(4) Where the Minister has authorized a payment to a State under sub-section
(2) in respect of the year 1986, 1987 or 1988 and the Minister has, in
accordance with sub-section (3), given a direction that the payment is
authorized for the purposes of a provision of this Act, of a kind referred to
in paragraph (3) (a), the payment shall be deemed to have been authorized
under that provision in respect of that year and the amount of the payment so
authorized to be made shall not be taken into account for the purposes of any
provision of this Act that sets a limit on the amount of all or any of the
payments that may be authorized for the purposes of the first-mentioned
provision.

(5) Where the Minister has authorized a payment to a State under sub-section
(2) in respect of the year 1986, 1987 or 1988 and the Minister has, in
accordance with sub-section (3), given a direction that the payment is
authorized for the purposes of section 7 of the States Grants (Education 
Assistance-Participation and Equity) Act 1983 , or a corresponding provision
of a later Act making provision for financial assistance in similar or
substantially similar circumstances, the payment shall be deemed to have been
authorized under that section, or that corresponding provision, in respect of
that year and the amount of the payment so authorized to be made shall not be
taken into account for the purposes of any provision of that Act that sets a
limit on the amount of all or any of the payments that may be authorized for
the purposes of the first-mentioned section or provision.