Commonwealth Numbered Acts

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 1996 No. 70, 1996 - SECT 16

(1) An agreement made with the Commonwealth under subsection 15(1) by the
relevant authority (the authority) of a non-government body:

   (a)  must contain:

        (i)    the requirements and provisions set out in subsections (2) to
               (7) of this section; and

        (ii)   any provision required by paragraph 30(2)(d); and

        (iii)  any provision required by paragraph 33(4)(b); and

        (iv)   any provision required by paragraph 34(4)(e); and

   (b)  may contain:

        (i)    the provision set out in subsection (8) of this section; and

        (ii)   any other provisions that the Minister thinks appropriate in
               relation to the authority.

(2) The agreement must require the amounts (the received amounts) received by
the authority from the State as a result of the payment to the State for the
non-government body to be spent for purposes determined by the Minister and
set out in the agreement (which may include the purpose of paying
administrative expenses incurred by the authority).

(3) The agreement must require the authority to allow a person authorised in
writing by the Minister for the purpose, with such help as the person
requires:

   (a)  to have full and free access, at all reasonable times after giving
        reasonable notice to the authority, to accounts, records and documents
        of the authority relating to information that the authority is
        required under the agreement to give to the Minister; and

   (b)  to take extracts from, or make copies of, any such accounts, records
        and documents.

(4) The agreement must require the authority to give the Minister, on or
before 30 June next following the relevant program year or such other date as
the Minister determines, a certificate by a qualified accountant stating
whether an amount equal to the sum of the received amounts has been spent in
respect of that year for the purposes mentioned in subsection (2).

(5) The agreement must require the authority, not later than a date or dates
determined by the Minister, to do any of the following:

   (a)  take part in the preparation of a national report on the outcomes of
        schooling;

   (b)  provide to the Minister a report or reports, of a kind or kinds
        required by the Minister, in relation to programs of financial
        assistance provided under this Act in so far as they related to the
        authority;

   (c)  take part in evaluations of the outcomes of those programs.

(6) The agreement must contain a provision that, if the authority does not
comply with a requirement set out in the agreement within the period required
by or under the agreement or within such further period as the Minister
allows:

   (a)  the authority will, if the Minister so determines, pay to the
        Commonwealth an amount (not greater than the received amounts) stated
        in the determination; and

   (b)  if the authority does not do so, the Minister may make a determination
        reducing any other amount or amounts of financial assistance payable
        to the State under this Act for the non-government body by an amount
        that does not exceed, or amounts the total of which does not exceed,
        the amount stated in the determination; and

   (c)  the Minister may delay the making of any further payment to the State
        under this Act for the non-government body until the authority
        complies with the requirement.

(7) The agreement must contain a provision that, if the sum of the received
amounts exceeded the total amount that was properly payable to the State for
the non-government body:

   (a)  the authority will, if the Minister so determines, pay to the
        Commonwealth an amount equal to the excess; and

   (b)  if the authority does not do so, the Minister may make a determination
        reducing any other amount or amounts of financial assistance payable
        to the State under this Act for the non-government body by an amount
        or amounts not greater than the excess.

(8) The agreement may contain a provision that, if:

   (a)  the total amount of the payments made to the State for the non-
        government body for a particular capital project is more than $50,000;
        and

   (b)  the asset (being land, a building or equipment) in respect of which
        the payments were made:

        (i)    is sold or otherwise disposed of; or

        (ii)   ceases to be used; or

        (iii)  ceases to be used principally for the purposes determined by
               the Minister as mentioned in subsection (2); and

   (c)  the period since the completion of the project is less than 20 years;
        the authority will, if the Minister so determines, pay to the
        Commonwealth or to a block grant authority an amount (not exceeding
        the total amount referred to in paragraph (a)) determined by the
        Minister (the determined amount) and, if the authority does not do so,
        the Minister may make a determination reducing any other amount or
        amounts of financial assistance payable to the State under this Act
        for the non-government body by an amount or amounts not greater than
        so much of the determined amount as has not been so paid.