Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 38

38. (1) Subject to section 39, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of expenditure of a non-systemic disadvantaged school in the State, of
such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section in respect
of expenditure of a non-systemic disadvantaged school in a State 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, 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 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 or agrees 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 is applied for the purpose of meeting-

                (A)  recurrent expenditure, in respect of the year 1985, of
                     the school; or

                (B)  expenditure, in respect of commitments already undertaken
                     or to be undertaken not later than 31 December 1985, in
                     relation to minor building projects, or minor
                     equipment projects, in connection with the school, being
                     projects that are approved by the
                     Commonwealth Education Minister for the purposes of this
                     section;

        (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 expenditure referred to in sub-sub-paragraph (i)
               (A) 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 1986 or
               such later date as the Commonwealth Education Minister
               approves)-

                (A)  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; and

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

        (iv)   if the approved authority does not fulfil a condition specified
               in sub-paragraph (i), (ii) or (iii), 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.

(3) A project shall not be approved under sub-sub-paragraph (2) (b) (i) (B) if
the project is in connection with a co-educational school and the Minister is
of the opinion that the benefits of, and the opportunities created by, the
project will not, as far as practicable, be equally available to male students
and female students at the school.