Commonwealth Numbered Acts

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 1996 No. 70, 1996 - SECT 34

(1) In respect of a proposal for a school that is a member of an approved
school system to cease to be a member of the system, either:

   (a)  the body (the responsible body) that is to be principally responsible
        for the school under the proposal; or

   (b)  the approved authority of the approved school system; may apply to the
        Minister for approval of the proposal.

(2) The application must:

   (a)  be in writing; and

   (b)  set out particulars of the school and of the responsible body; and

   (c)  state the earliest program year to which the proposal relates; and

   (d)  if there are any obligations of the approved authority of the approved
        school system under this Act in relation to the school that have not
        been fulfilled-state whether the responsible body agrees to fulfil
        those obligations; and

   (e)  request the Minister to approve the proposal.

(3) Subject to subsection (4), the Minister may:

   (a)  approve the proposal; or

   (b)  refuse the application.

(4) The Minister must not approve the proposal unless:

   (a)  if the application is made by the responsible body:

        (i)    the application is accompanied by evidence that the approved
               authority of the approved school system agrees to the school
               ceasing to be a member of the school system; or

        (ii)   the Minister has given notice to the approved authority of the
               approved school system in relation to the proposal; and

   (b)  the school is not conducted for profit; and

   (c)  the responsible body is a body corporate; and

   (d)  the responsible body has made an agreement with the Commonwealth in
        accordance with subsection 15(1) for the earliest program year to
        which the proposal relates and all later program years; and

   (e)  if there are any obligations of the approved authority of the approved
        school system under this Act in relation to the school that have not
        been fulfilled and the responsible body has agreed to fulfil those
        obligations-the agreement referred to in paragraph (d) provides that
        the responsible body will fulfil those obligations.