Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 26

26. (1) Subject to section 27, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of expenditure in relation to a project approved under section 25, of
such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect
of expenditure in relation to a project approved under section 25 (being a
building project or an equipment project in connection with a non-government
school in the State) on the conditions that-

   (a)  subject to paragraphs (b) and (c), 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
        project, and, in making the payment, will describe the amount paid to
        the approved authority as a payment in relation to the project made
        out of moneys provided to the State by the Commonwealth under this
        section;

   (b)  the State will not make a payment to the approved authority under this
        section in relation to the project unless the
        Commonwealth Education Minister furnishes a certificate to the
        State Education Minister for the 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 in relation to the project is applied for the purpose
               of meeting expenditure, in respect of commitments already
               undertaken or to be undertaken not later than 31 December 1985,
               in relation to the project;

        (ii)   the approved authority will consult with the
               Commonwealth Education Minister for the purpose of determining
               appropriate methods of giving public recognition of the funding
               provided for the project by the Commonwealth;

        (iii)  the approved authority will cause to be furnished to the
               Commonwealth Education Minister (within a period of 3 months
               after the date of completion of the project or within such
               further period as the Commonwealth Education Minister approves)
               a certificate by a person who is a qualified accountant to the
               effect that the person is satisfied that the condition
               specified in sub-paragraph (i) has been fulfilled;

        (iv)   the approved authority will comply with such other conditions
               (if any) as are specified in the approval of the project under
               section 25;

        (v)    if the approved authority does not fulfil a condition specified
               in sub-paragraph (i), (ii), (iii) or in accordance with
               sub-paragraph (iv), the approved 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 relation to the project) as the
               Commonwealth Education Minister determines should be paid by
               the approved authority; and

   (c)  where that total expenditure in relation to the project is, or will
        be, not less than $30,000, the State will not make a payment to the
        approved authority under this section in relation to the project
        unless the Commonwealth Education Minister furnishes a certificate to
        the State Education Minister for the State to the effect that the
        approved authority has agreed with the Commonwealth to be bound by the
        condition that, if, within the prescribed period relating to the
        project-

        (i)    an asset (being land, a building or equipment) in respect of
               which an amount paid to the approved authority under this
               section in relation to the project was expended ceases to be
               used;

        (ii)   such an asset ceases to be used principally for an approved
               purpose; or

        (iii)  the approved authority sells or otherwise disposes of such an
               asset to a person, other than the State, for use principally
               for an approved purpose without the person having entered or
               entering into an agreement with the Commonwealth, under which
               that person has the same obligations in relation to the asset
               as the approved authority had by virtue of this paragraph
               before the sale or other disposal of the asset,
the approved authority will, if the Commonwealth Education Minister so
requires, pay to the Commonwealth the amount ascertained in
AB
accordance with the formula ---, where-
C
A is the total amount paid to the approved authority under this section in
relation to the project that was expended in respect of the relevant asset;
B is the number of years in the prescribed period that are years that had not
commenced before the relevant asset ceased to be used, ceased to be used for
such a purpose or was so sold or otherwise disposed of, as the case requires;
and
C is the number of years in the prescribed period.

(3) In paragraph (2) (c)-

"approved purpose", in relation to an asset, means-

   (a)  the purpose for which the asset was intended to be used when, under
        section 25, the Commonwealth Education Minister approved the project
        relating to the asset; or

   (b)  a purpose approved by the Commonwealth Education Minister;

"prescribed period", in relation to a project approved under section 25,
means-

   (a)  except where paragraph (b) applies-the period of 20 years commencing
        on the day on which the project is completed; or

   (b)  if, at the time when the Commonwealth Education Minister approved the
        project, he declared that a period of a lesser number of years
        commencing on that day was to be the prescribed period in relation to
        the project-that lesser period.

(4) Subject to sub-section 3 (12), the approved authority of a
non-government school may, for the purposes of this section, treat amounts
that have been applied before the commencing day, for the purpose of meeting
expenditure in relation to a project approved under section 25, as having been
so applied after that day.