Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 61

61. (1) The Minister may before 1 April 1986 authorize the payment to a State
under this section, by way of financial assistance to the State in respect of
recurrent expenditure of an approved ethnic schools authority in providing, in
that State, in the year 1985, an approved program of ethnic education, of such
amounts as the Minister determines, being amounts that do not exceed, in the
aggregate, an amount equal to the product of the amount that is determined by
the Minister under section 60 to be the level at which financial assistance is
to be provided to the approved ethnic schools authority in respect of each
student undertaking the program and the number in relation to the program (not
being a number greater than the greatest number of students enrolled in the
program) that is ascertained, in accordance with a method determined by the
Minister, by writing signed by the Minister, for the purposes of this section,
by reference to the numbers of students attending lessons in the program
conducted during the relevant period or the relevant periods, as the case may
be, in relation to the program.

(2) Financial assistance is granted to a State under this section in respect
of recurrent expenditure of an approved ethnic schools authority in connection
with the provision, in the State, in the year 1985, of approved programs of
ethnic education on the conditions that-

   (a)  subject to paragraph (b), the State will, without undue delay, pay to
        the approved ethnic schools authority an amount equal to each amount
        paid to the State under this section in relation to an approved
        program of ethnic education, and, in making the payment, will describe
        the amount paid to the approved ethnic schools 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 an approved ethnic schools
        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 ethnic schools authority has agreed with the Commonwealth to
        be bound by the following conditions:

        (i)    the approved ethnic schools authority will ensure that an
               amount equal to the sum of the amounts paid to the authority
               under this section is applied for the purpose of meeting
               recurrent expenditure of the authority in connection with the
               provision of approved programs of ethnic education of that
               authority in the State in the year 1985;

        (ii)   the approved ethnic schools authority will cause to be
               furnished to the Commonwealth Education Minister (not later
               than 30 April 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 recurrent expenditure of the authority, and
                     such other financial and statistical information, in
                     respect of the approved programs of ethnic education of
                     that authority, as is required by the
                     Commonwealth Education Minister to be so furnished;

        (iii)  the approved ethnic schools authority will, in relation to each
               approved program of ethnic education of the authority, comply
               with such other conditions (if any) as are specified in the
               approval of the program under section 60;

        (iv)   if the approved ethnic schools authority does not fulfil a
               condition specified in sub-paragraph (i) or (ii) or in
               accordance with sub-paragraph (iii), the 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 authority under this section) as
               the Commonwealth Education Minister determines should be paid
               by the authority.

(3) In this section, a reference to a relevant period, in relation to a
program of ethnic education, shall be construed as a reference to any period
commencing and concluding during the year 1985 that the Minister determines,
by writing signed by the Minister, to be a relevant period in respect of that
program or in respect of a class of programs of ethnic education in which that
program is included.