Commonwealth Numbered Acts

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 1996 No. 70, 1996 - SECT 47

(1) The Minister may make a determination authorising the payment to a State
under this section, by way of financial assistance to the State for recurrent
expenditure of an approved school system, or of a non-systemic school, in the
State for a program year, of an amount not greater than the amount worked out
using the following formula:
(Part 1 x Number of) + (Part 2 x Number of)
    (amount     primary  )     (amount     secondary)

    (           students )     (           students )


(2) In the formula in subsection (1):
Part 1 amount means:

   (a)  subject to paragraph (b), the amount set out in the column of Part 1
        of Schedule 3 that relates to the program year opposite the reference
        to the funding level of the school system or of the school, as the
        case may be; or

   (b)  if the amount that was the Part 1 amount applicable for the school
        system or the school for the calendar year ending on 31 December 1996
        under section 55 of the former Act was the guaranteed amount (the
        previous guaranteed amount) referred to in subsection 135(3) of that
        Act-the greater of:

        (i)    the amount applicable under paragraph (a) for the school system
               or the school for the program year; or

        (ii)   the previous guaranteed amount.
number of primary students means the number of students (including the
full-time equivalent of part-time students) receiving primary education at
systemic schools in the school system or at the non- systemic school, as the
case may be, on the schools census day for the State for the program year.
Part 2 amount means:

   (a)  subject to paragraph (b), the amount set out in the column of Part 2
        of Schedule 3 that relates to the program year opposite the reference
        to the funding level of the school system or of the school, as the
        case may be; or

   (b)  if the amount that was the Part 2 amount applicable for the school
        system or the school for the calendar year ending on 31 December 1996
        under section 55 of the former Act was the guaranteed amount (the
        previous guaranteed amount) referred to in subsection 135(4) of that
        Act-the greater of:

        (i)    the amount applicable under paragraph (a) for the school system
               or the school for the program year; or

        (ii)   the previous guaranteed amount.
number of secondary students means the number of students (including the
full-time equivalent of part-time students) receiving secondary education at
systemic schools in the school system or at the non- systemic school, as the
case may be, on the schools census day for the State for the program year.

(3) For the purposes of the definitions of number of primary students and
number of secondary students in subsection (2), a student is taken not to be
receiving primary education or not to be receiving secondary education (as the
case may be) at a systemic school in the school system or at the non-systemic
school unless:

   (a)  the student attends, on a daily basis, a systemic school in the system
        or the non-systemic school (as the case may be) at the location set
        out in the list of non-government schools in respect of the school; or

   (b)  if paragraph (a) does not apply-the Minister has, because of special
        circumstances, determined that the student should be treated as so
        attending the school.