Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 40

40. (1) Subject to section 41, 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 connection with special education provided at or in
connection with a non-government school or non-government centre 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 in connection with special education provided at or in
connection with a non-government school or non-government centre in the State
on the conditions that-

   (a)  subject to paragraph (c), the State will, without undue delay, pay to
        the approved authority of the school or centre an amount equal to each
        amount paid to the State under this section in relation to the school
        or centre, 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;

   (b)  where the payment of an amount referred to in paragraph (a) is made to
        the approved authority of a school, the State will, in making the
        payment, specify the part (if any) of that amount that is paid in
        connection with integration activities conducted at the school;

   (c)  the State will not make a payment to the approved authority of the
        school or centre 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 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
               recurrent expenditure, in respect of the year 1985, in
               connection with special education provided at or in connection
               with the school or centre and, in particular, the
               approved authority, where it is an approved authority of a
               school, will ensure that an amount that is not less than the
               part (if any) of those amounts so paid to the
               approved authority that is specified as having been paid in
               connection with integration activities conducted at the school
               is so applied in connection with those integration activities;

        (ii)   if a payment is made in relation to 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 meeting expenditure of that
               school of the kind referred to in sub-paragraph (i) 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 special education provided at or in
                     connection with the school or centre 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) Financial assistance is granted to a State under this section on the
additional condition that the State will ensure that the total of all amounts
specified by the State, for the purposes of paragraph (2) (b), in connection
with integration activities conducted by the approved authorities of schools
in the State is not less than the amount specified in column 5 of Schedule 5
opposite to the name of the State.

(4) For the purposes of sub-section (2), and of any agreement referred to in
paragraph (2)(c), between the Commonwealth and the approved authority of a
school in a State, an amount applied by way of 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 integration activities conducted at the school, being projects
that are approved by the Minister for the purposes of this sub-section, shall
be deemed to be an amount applied for the purpose of meeting recurrent
expenditure in connection with such integration activities.