Commonwealth Numbered Acts

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 1996 No. 70, 1996 - SECT 39

(1) The Minister must not make a determination varying the list to take
account of the proposal unless the requirements of this section have been
satisfied.

(2) The first requirement is that:

   (a)  if the proposal is a location proposal-education has begun to be
        provided by the relevant school at the location concerned in
        accordance with the relevant paragraph of the definition of location
        proposal; or

   (b)  if the application is for a new school proposal-education has begun to
        be provided at the relevant school.

(3) The second requirement is that:

   (a)  if the proposal is a location proposal-provision of education by the
        relevant school at the location concerned in accordance with the
        relevant paragraph of the definition of location proposal has been
        recognised by the State Minister of the State in which the school is
        situated; or

   (b)  if the proposal is a new school proposal-education at the relevant
        school has been recognised by the State Minister of the State in which
        the school is situated.

(4) The third requirement is that, if the proposal is a new school proposal,
the relevant school is not conducted for profit.

(5) The fourth requirement is that, if the proposal is a new school proposal
and the relevant school is not included in an approved school system-the
approved authority of the school is a body corporate.

(6) The fifth requirement is that the requirements applicable under
subsections (2), (3), (4) and (5) are satisfied before the schools census day
in the earliest program year to which the variation is to apply.