Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 52

52. (1) Subject to section 53, 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 51, of
such amounts as the Minister determines.

(2) Where a project approved under section 51 is a project in connection with
a government school (other than such a project that is administered by a
non-government body), financial assistance granted to a State under
sub-section (1) in respect of that project is granted on the conditions that-

   (a)  the State will ensure that an amount equal to the sum of the amounts
        of financial assistance paid to the State under this section in
        respect of that project is applied by the State 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 that
        project; and

   (b)  the State will cause to be furnished to the Minister (not later than
        30 June 1986 or such later date as the Minister approves) a
        certificate by an authorized person to the effect that the person is
        satisfied that the condition specified in paragraph (a) has been
        fulfilled.

(3) Where a project approved under section 51 is a project in connection with
a non-government school or is a project in connection with a government
school, but administered by a non-government body, financial assistance
granted to a State under sub-section (1) in respect of that project is granted
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 or to the
        approved authority of the non-government body, as the case requires,
        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 of the
        school or to the approved authority of the non-government body, as the
        case requires, under this section in relation to the project unless
        the Commonwealth Education Minister furnishes to the
        State Education Minister for the State a certificate 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 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;

        (iii)  the approved authority will comply with such other conditions
               (if any) as are specified in the approval of the project under
               section 51;

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

   (c)  where the 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 entered into an agreement 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
               accordance with
AB the formula ---, where-
C
A is the total 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.

(4) Financial assistance granted to a State under this section in relation to
a project approved under section 51 is granted on the additional condition
that if the State does not fulfil a condition specified in whichever of
sub-section (2) or (3) relates to that financial assistance, the State will,
if the Minister so determines, repay to the Commonwealth such amount, not
being an amount greater than the sum of the amounts of that financial
assistance as the Minister specifies in the determination as the amount that
should be repaid by the State.

(5) Nothing in this Act shall be taken to authorize the recovery by the
Commonwealth in respect of financial assistance granted to a State under this
section in respect of a project approved under section 51, being a project in
connection with a non-government school or being a project in connection with
a government school but administered by a non-government body, of any amount
from that State or of any amount under an agreement entered into for the
purposes of a condition specified in sub-section (3) in respect of that
financial assistance if the aggregate of that amount and any amount previously
recovered from that State in respect of that financial assistance, or
previously recovered under such an agreement entered into in relation to that
financial assistance would exceed, in the aggregate, the amount of that
financial assistance.

(6) Subject to sub-section 3 (12), a State, the approved authority of a
non-government school or the approved authority of a non-government body
administering a project in connection with a 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 51, as having been so applied after that day.

(7) In paragraph (3) (c)-

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

   (a)  the purpose for which the asset was intended to be used when, under
        section 51, 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 51,
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, the Minister 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.