Commonwealth Numbered Acts

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 1996 No. 70, 1996 - SECT 78

(1) The regulations may state for a program year:

   (a)  a number, determined after considering changes in the amount known as
        Average Government School Costs published from time to time by the
        Ministerial Council for Education, Employment, Training and Youth
        Affairs, to be used for the variation, in accordance with this
        section, of amounts of recurrent grants set out in the Schedules in
        relation to that year; and

   (b)  a number, determined after considering changes in the Building Price
        Index published from time to time by the Australian Statistician, to
        be used for the variation, in accordance with this section, of amounts
        of capital grants set out in the Schedules in relation to that year.

(2) If a number (the stated recurrent number) is stated in regulations made
for the purposes of paragraph (1)(a) in relation to recurrent grants under
this Act for a particular program year, each of the following amounts (a
stated recurrent amount):

   (a)  an amount that:

        (i)    immediately before the regulations came into force was set out
               in a Schedule in relation to the program year; and

        (ii)   is declared by subsection (6) to be an amount relating to
               recurrent grants;

   (b)  an amount set out in the formula in subsection 70(1);

   (c)  the amount set out in the formula in subsection 73(2);

   (d)  the amount set out in the formula in subsection 74(2); is taken to be
        replaced by the amount worked out using the formula:
Stated recurrent number x Stated recurrent amount

(3) If a number (the stated capital number) is stated in regulations made for
the purposes of paragraph (1)(b) in relation to capital grants under this Act
for a particular program year, each amount (a stated capital amount) that:

   (a)  immediately before the regulations came into force was set out in a
        Schedule in relation to the program year; and

   (b)  is declared by subsection (6) to be an amount relating to capital
        grants; is taken to be replaced by the amount worked out using the
        formula:
Stated capital number x Stated capital amount

(4) For the purposes of the application of this section in relation to a
program year at the time immediately before regulations made for the purposes
of paragraphs (1)(a) and (b) for the program year came into force, the amount
(the nominal amount) set out in column 3 of Schedule 8 in relation to the
program year is taken to consist of 2 separate amounts as follows:

   (a)  a recurrent amount that is the amount remaining after deducting the
        capital amount from the nominal amount; and

   (b)  a capital amount that is equal to the sum of the amounts stated in
        determinations made by the Minister under subsection 69(3) in respect
        of the program year; and the recurrent amount and the capital amount
        are taken to be set out in that column in lieu of the nominal amount.

(5) For the purposes of the application of this section in relation to a
program year at the time immediately before regulations made for the purposes
of paragraphs (1)(a) and (b) for the program year came into force, the amount
(the nominal amount) set out in column 4 of Schedule 8 in relation to the
program year is taken to consist of 2 separate amounts as follows:

   (a)  a recurrent amount that is the amount remaining after deducting the
        capital amount from the nominal amount; and

   (b)  a capital amount that is equal to the sum of the amounts stated in
        determinations made by the Minister under subsection 72(2) in respect
        of the program year; and the recurrent amount and the capital amount
        are taken to be set out in that column in lieu of the nominal amount.

(6) For the purposes of this section:

   (a)  the amounts set out in Schedules 1, 3, 5, 6 and 7 and in columns 2, 5
        and 6 of Schedule 8 and the recurrent amounts referred to in
        subsections (4) and (5) are declared to be amounts relating to
        recurrent grants; and

   (b)  the amounts set out in Schedules 2 and 4 and the capital amounts
        referred to in subsections (4) and (5) are declared to be amounts
        relating to capital grants.

(7) Except where subsection (8) applies, if an amount worked out under
subsection (2) or (3) is not a multiple of $1,000, the amount is to be rounded
to the nearest $1,000 (rounding $500 upwards).

(8) If:

   (a)  a stated recurrent amount is an amount set out in Schedule 1 or 3 or
        in the formula in subsection 70(1), subsection 73(2) or
        subsection 74(2); and

   (b)  the amount worked out under subsection (2) by reference to that stated
        recurrent amount is an amount of dollars and cents; the amount
        referred to in paragraph (b) is to be rounded to the next highest
        dollar.