Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 29

29. (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 situated 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-

        (i)    an amount being-

                (A)  the amount specified in the column of Part II of Schedule
                     9 that relates to that year opposite to the reference to
                     the level of assistance in column 1 of that Part that is
                     the level of assistance specified in the list of
                     non-systemic schools, in relation to that school in that
                     year; or

                (B)  if the school was included in the list of
                     non-systemic schools referred to in section 24 of the
                     States Grants (Schools Assistance) Act 1983
and the amount specified in column 2 of Schedule 8 to that Act opposite to the
reference to the level of assistance in column 1 of that Schedule that is the
level of assistance specified in that list in relation to that school is a
greater amount than the amount referred to in sub-sub-paragraph (A)-that
greater amount; and

        (ii)   the number of students receiving primary education at the
               school 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 sub-paragraph in relation
               to the school in respect of that year;

   (b)  an amount equal to the product of-

        (i)    an amount being-

                (A)  the amount specified in the column of Part IV of Schedule
                     9 that relates to that year opposite to the reference to
                     the level of assistance in column 1 of that Part that is
                     the level of assistance specified in the list of
                     non-systemic schools in relation to that school in that
                     year; or

                (B)  if the school was included in the list of
                     non-systemic schools referred to in section 24 of the
                     States Grants (Schools Assistance) Act 1983
and the amount specified in column 3 of Schedule 8 to that Act opposite to the
reference to the level of assistance in column 1 of that Schedule that is the
level of assistance specified in that list in relation to that school is a
greater amount than the amount referred to in sub-sub-paragraph (A)-that
greater amount; and

        (ii)   the number of students receiving secondary education at the
               school on the schools census date for that year or on such
               other date as the Minister determines for the purposes of this
               sub-paragraph in respect of that year;

   (c)  if primary education is provided at the school for part-time students
        as well as 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 school 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 the school for part-time
        students as well as 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 school for the purposes of meeting
        recurrent expenditure in respect of that year, in connection with
        those part-time students;

   (e)  if the amount specified in the column of Part I of Schedule 9 that
        relates to that year opposite to the reference to the level of
        assistance in column 1 of that Part that is the level of assistance
        specified in the list of non-systemic schools in relation to that
        school in that year exceeds the amount specfied in the column of Part
        II of Schedule 9 that relates to that year opposite to the reference
        in column 1 of that second-mentioned Part to that level of
        assistance-an additional amount equal to the product of the amount (if
        any) determined by the Minister, under sub-section (2), in relation to
        the school in respect of that year for the purposes of this paragraph
        and the number of students receiving primary education at the school
        on the schools census date for that year or on such other date as the
        Minister determines for the purposes of sub-paragraph (a) (ii) in
        relation to the school in respect of that year;

   (f)  if the amount specified in the column of Part III of Schedule 9 that
        relates to that year opposite to the reference to the level of
        assistance in column 1 of that Part that is the level of assistance
        specified in the list of non-systemic schools in relation to that
        school in that year exceeds the amount specified in the column of Part
        IV of Schedule 9 that relates to that year opposite to the reference
        in column 1 of that second-mentioned Part to that level of
        assistance-an additional amount equal to the product of the amount (if
        any) determined by the Minister, under sub-section (2), in relation to
        the school in respect of that year for the purposes of this paragraph
        and the number of students receiving secondary education at the school
        on the schools census date for that year or on such other date as the
        Minister determines for the purposes of sub-paragraph (b) (ii) in
        relation to the school in respect of that year;

   (g)  if, in the opinion of the Minister, the school came into existence as
        a school before 1 January 1985, or comes into existence as a school on
        or after that date and is situated in a developing area, in a year
        specified in column 1 of Part I of Schedule 10-an amount equal to the
        product of the amount (if any) specified in the column of that Part
        that relates to the year first referred to in this sub-section
        opposite to the reference to the year so specified in column 1 of that
        Part and the number, if any, of students receiving primary education
        at the school on the schools census date for the year first referred
        to in this sub-section or on such other date as the Minister, in
        special circumstances, determines for the purposes of this paragraph
        in relation to the school in respect of the year first referred to in
        this sub-section;

   (h)  if, in the opinion of the Minister, the school came into existence as
        a school before 1 January 1985, or comes into existence as a school on
        or after that date and is situated in a developing area, in a year
        specified in column 1 of Part II of Schedule 10-an amount equal to the
        product of the amount (if any) specified in the column of that Part
        that relates to the year first referred to in this sub-section
        opposite to the reference to the year so specified in column 1 of that
        Part and the number, if any, of students receiving secondary education
        at the school on the schools census date for the year first referred
        to in this sub-section or on such other date as the Minister, in
        special circumstances, determines for the purposes of this paragraph
        in relation to the school in respect of the year first referred to in
        this sub-section.

(2) The Minister may determine an amount under this sub-section in relation to
a non-systemic school in respect of a year for the purposes of paragraph (1)
(e) or (f), and, for the purpose of so doing, the Minister may require the
approved authority of the school to furnish to the Commonwealth, by 1 January
of that year or such later date as the Minister determines in respect of that
year a statement, in a form approved by the Minister, setting out, in respect
of that year, the manner in which the school proposes to apply an amount equal
to the estimated total of all amounts of financial assistance that may be
provided under this section to the State in which the school is situated in
respect of the school in respect of that year.

(3) An amount determined by the Minister for the purposes of paragraph (1) (e)
under sub-section (2) in relation to a non-systemic school in respect of a
year to which this section applies, shall not exceed the least of-

   (a)  an amount equal to the amount by which the amount specified in the
        column of Part I of Schedule 9 that relates to that year opposite to
        the reference to the level of assistance in column 1 of that Part that
        is the level of assistance specified in the list of
        non-systemic schools in relation to that school in that year exceeds
        the amount specified in the column of Part II of that Schedule that
        relates to that year opposite to the reference in column 1 of that
        second-mentioned Part to that level of assistance;

   (b)  if the school is included in the list of non-systemic schools referred
        to in section 24 of the States Grants (Schools Assistance) Act 1983
        and the amount first referred to in paragraph (a) exceeds the amount
        (in this sub-section referred to as the "1984 amount") specified in
        column 2 of Schedule 8 to that Act opposite to the reference to the
        level of assistance in column 1 of Schedule 8 to that Act that is the
        level of assistance specified in the list first referred to in this
        paragraph in relation to the school-the amount of the excess; and

   (c)  if the school is included in the list first referred to in paragraph
        (b), and the amount first referred to in paragraph (a) is less than,
        or equal to, the 1984 amount-a nil amount.

(4) An amount determined by the Minister for the purposes of paragraph (1) (f)
under sub-section (2) in relation to a non-systemic school in respect of a
year to which this section applies, shall not exceed the least of-

   (a)  an amount equal to the amount by which the amount specified in the
        column of Part III of Schedule 9 that relates to that year opposite to
        the reference to the level of assistance in column 1 of that Part that
        is the level of assistance specified in the list of
        non-systemic schools in relation to that school in that year exceeds
        the amount specified in the column of Part IV of that Schedule that
        relates to that year opposite to the reference in column 1 of that
        second-mentioned Part to that level of assistance;

   (b)  if the school is included in the list of non-systemic schools referred
        to in section 24 of the States Grants (Schools Assistance) Act 1983
        and the amount first referred to in paragraph (a) exceeds the amount
        (in this sub-section referred to as the "1984 amount") specified in
        column 3 of Schedule 8 to that Act opposite to the reference to the
        level of assistance in column 1 of Schedule 8 to that Act that is the
        level of assistance specified in the list first referred to in this
        paragraph in relation to the school-the amount of the excess; and

   (c)  if the school is included in the list first referred to in paragraph
        (b) and the amount first referred to in paragraph (a) is less than, or
        equal to, the 1984 amount-a nil amount.

(5) Financial assistance is granted to a State under this section in respect
of recurrent expenditure of a non-systemic school in the State in a year to
which this section applies 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 in
        respect of that year, 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 in respect of that year unless the
        Commonwealth Education Minister furnishes a certificate to the
        State Education Minister for that State to the effect that the
        approved authority has agreed with the Commonwealth in respect of that
        year, or in respect of a number of years including that year, 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 respect of that year is applied in that year, in
               such respective proportions as the
               Commonwealth Education Minister determines, for the purpose of
               meeting recurrent expenditure in respect of that year, of 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 in that year 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;

        (iii)  the approved authority will cause to be furnished to the
               Commonwealth Education Minister (not later than 30 June in the
               year following that year or such later date 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 in respect of
               the amount so granted in that year;

        (iv)   the approved authority will cause to be furnished to the
               Commonwealth Education Minister (not later than 30 June in the
               year following that year or such later date as the
               Commonwealth Education Minister approves) a statement in
               writing, in a form approved by the Minister, that contains
               particulars of such of the following matters as the Minister
               specifies-

                (A)  all forms of income received by the school in that year;

                (B)  all expenditure (whether of a recurrent or capital
                     nature) of the school in that year;

                (C)  the number of teachers and other persons engaged, either
                     in a full-time or a part-time capacity at the school in
                     that year;

                (D)  the number of primary school students and secondary
                     school students, and part-time primary and secondary
                     school students attending the school in that year;

                (E)  the manner in which the amount applied in pursuance of
                     the condition specified in sub-paragraph (i) has been
                     applied by the school;

                (F)  the policy of the school in relation to the enrolment of
                     students in the school;

                (G)  the ownership of capital assets primarily used by the
                     school;

                (H)  the fees and other compulsory charges levied by the
                     school;

                (J)  the system of governance of the school;

                (K)  the objectives of the school;

        (v)    if the approved authority does not fulfil a condition specified
               in sub-paragraph (i), (ii), (iii) or (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) as the
               Commonwealth Education Minister determines should be paid by
               the approved authority.

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