Commonwealth Numbered Acts

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 1996 No. 70, 1996 - SCHEDULE 9

Schedule 9-Dictionary
approved authority means:

   (a)  for the purposes of a provision of this Act (other than a provision
        referred to in paragraph (b)), that relates to an approved school
        system, a non-systemic school, a non-government school, a non-
        government centre, a non-government rural student hostel or another
        non-government body-the body that the Minister determines to be the
        approved authority of that school system, of that school, of that
        centre, of that hostel or of that other non-government body, as the
        case may be, for the purposes of the provision; or

   (b)  for the purposes of a provision of Division 3 of Part 4 that relates
        to a new school proposal:

        (i)    if the school is to be included in an approved school system-
               the body that, under paragraph (a) is the approved authority of
               that system; or

        (ii)   otherwise-the body principally responsible for the school.
approved school system means a school system that is included in the list of
approved school systems kept under section 26.
authorised person, in relation to a State, means:

   (a)  the Auditor-General of the State; or

   (b)  another person acting with the authority of the State Minister of the
        State.
block grant authority means a body corporate that the Minister determines to
be a block grant authority for the purposes of the making of payments of
capital grants to States under Division 2 of Part 6 in connection with
non-government schools or non-government rural student hostels.
body means any organisation or body, whether incorporated or unincorporated,
and includes an individual.
building includes part of a building.
capital project includes a project involving any one or more of the following:

   (a)  investigation of the need for:

        (i)    schools, non-government centres, government rural student
               hostels or non-government rural student hostels in particular
               areas; or

        (ii)   schools, non-government centres, government rural student
               hostels or non-government rural student hostels of particular
               kinds in particular areas; or

        (iii)  buildings, other facilities or equipment;

   (b)  the purchase of land, with or without buildings;

   (c)  planning for the erection, alteration, extension, demolition or
        refurbishment of a building or other facilities;

   (d)  the development or preparation of land for building or other purposes;

   (e)  the erection, alteration, extension, demolition or refurbishment of a
        building or other facilities;

   (f)  the installation or upgrading of water, electricity or any other
        services;

   (g)  the provision of equipment, including information technology
        equipment;

   (h)  the provision of furniture or library materials or obtaining services
        and goods for cataloguing a library;

        (i)    payment to a block grant authority for its administrative
               expenses.
child with disabilities means a child in respect of whom a disability
assessment has been made and to whom either of the following paragraphs
applies:

   (a)  if the child has reached school age:

        (i)    enrolment at a school, at a government centre or at a non-
               government centre is not appropriate because of his or her
               disabilities; or

        (ii)   although he or she is enrolled at a school, at a government
               centre or at a non-government centre, he or she is unable,
               because of his or her disabilities, to receive a substantial
               part of the benefits ordinarily available to children enrolled
               at the school or centre; or

   (b)  if the child has not reached school age, it is likely that, upon his
        or her reaching that age:

        (i)    enrolment at a school, at a government centre or at a non-
               government centre would not be appropriate because of his or
               her disabilities; or

        (ii)   if he or she were enrolled at a school, at a government centre
               or at a non-government centre, he or she would be unable,
               because of his or her disabilities, to receive a substantial
               part of the benefits ordinarily available to children enrolled
               at that school or centre.
children in residential care means children who:

   (a)  are separated from their families for welfare, rehabilitation,
        corrective or medical purposes; and

   (b)  are living in establishments that provide programs that include one or
        more of the following services:

        (i)    counselling;

        (ii)   education;

        (iii)  guidance;

        (iv)   another service similar to a service mentioned in subparagraph
               (i), (ii) or (iii); and

   (c)  are participating in one or more of those programs.
commencing day means the day on which this Act commenced.
community language means:

   (a)  a language of indigenous persons; or

   (b)  the first language of people who have migrated to Australia; but does
        not include English.
disability assessment, in relation to a child or a student, means an
assessment, by a person with relevant qualifications, that the child or
student has an intellectual impairment, a sensory impairment, a physical
impairment, a social impairment, an emotional impairment, or more than one of
those impairments, to a degree that:

   (a)  in respect of a child who has reached school age or a student-
        satisfies the criteria for enrolment in special education services, or
        special education programs, provided by the Government of the State in
        which the child or student resides; or

   (b)  in respect of a child who has not reached school age-would satisfy
        those criteria if the child had reached that age.
education in English as a second language for eligible new arrivals, in
relation to a program year, means education that is provided for the purpose
of teaching, by means of intensive instruction, the English language to people
who are eligible new arrivals in relation to the program year.
eligible new arrival, in relation to a program year, means a person:

   (a)  whose first language is a language other than English; and

   (b)  who is taken in relation to the program year, under criteria
        determined by the Minister, to have newly arrived in Australia; and

   (c)  who is either:

        (i)    a permanent resident; or

        (ii)   taken, under criteria determined by the Minister, to be an
               eligible person for the purposes of this subparagraph.
ESL course means a course designed to teach English as a second language.
former Act means the States Grants (Primary and Secondary Education 
Assistance) Act 1992 .
funding level, in relation to a non-systemic school, or an approved school
system, for which financial assistance is provided under this Act in a program
year, means the level of assistance set out in column 1 of the Part or each of
the Parts of Schedule 3 that applies to the school or to the system in the
program year for the purpose of meeting recurrent expenditure.
government centre means a place conducted by or on behalf of the Government of
a State at which special education is provided.
government educational institution means an educational institution in a
State:

   (a)  that is not a government school; and

   (b)  that is conducted by or on behalf of the Government of the State; and

   (c)  at which a priority language may be studied at secondary level.
government rural student hostel means a hostel in a State whose primary
purpose is to provide accommodation for students from rural areas who are
undertaking education at government schools in the State (whether or not it
also provides accommodation for other students), but does not include a hostel
that is conducted for profit.
government school, in relation to a State, means a school in the State that is
conducted by or on behalf of the Government of the State.
indigenous person means a person who is:

   (a)  a person of the Aboriginal race of Australia; or

   (b)  a descendant of an indigenous inhabitant of the Torres Strait Islands.
integration activities means activities designed to integrate children with
disabilities or students with disabilities into:

   (a)  schools; or

   (b)  other places of education approved by the Minister or the State
        Minister for the purposes of this definition; at which education is
        provided for children or students other than children with
        disabilities or students with disabilities.
level of education has the meaning given by section 4.
list means the list of non-government schools kept under section 24.
minor capital project means a capital project of a kind approved by the
Minister.
nominated authority means a body nominated by an aggregation of non-
government schools for the purposes of the provision of this Act in which the
expression occurs.
non-government body means a body that is not managed or controlled by or on
behalf of the Government of a State and:

   (a)  includes an approved school system, a systemic school, a non- systemic
        school, a non-government centre or a non-government rural student
        hostel; and

   (b)  for the purposes of grants under section 48 for projects in connection
        with non-government rural student hostels, includes a local government
        body.
non-government centre means a place in a State that:

   (a)  provides special education; and

   (b)  is conducted by a non-government body; and

   (c)  is not conducted for profit; and

   (d)  is not a school.
non-government rural student hostel means a hostel in a State that is
conducted by a non-government body and whose primary purpose is to provide
accommodation for students from rural areas who are undertaking education at
schools in the State (whether or not it also provides accommodation for other
students), but does not include a hostel that is conducted for profit or is
conducted on behalf of the Government of the State.
non-government school, in relation to a State, means a school in the State
that is not conducted by or on behalf of the Government of the State, but does
not include a school conducted for profit.
non-systemic school means a non-government school that:

   (a)  is not included in an approved school system; and

   (b)  is included in the list as a non-systemic school.
overseas student means a person who has a visa, or is included in a visa,
issued under regulations under the Migration Act 1958 that permits the person
to travel to Australia for the purpose of undertaking a course provided by an
institution or other body or person in Australia, but does not include a
person, or a person included in a class of persons, determined by the Minister
not to be a person or class of persons to whom this definition applies.
permanent resident means:

   (a)  an Australian citizen; or

   (b)  a person who holds an entry permit (other than a temporary entry
        permit) in force under the Migration Act 1958; or

   (c)  a person who is not an Australian citizen but has his or her permanent
        home in the Territory of Christmas Island or in the Territory of Cocos
        (Keeling) Islands.
priority language means a language included in the list kept under
subsection 61(1).
program year:

   (a)  subject to paragraph (b), means the calendar year beginning on 1
        January 1997 or any of the 3 following calendar years and, for the
        purposes of any provision of this Act that relates to capital grants
        or any other provision of this Act in its application to capital
        grants, includes the calendar year beginning on 1 January 2001 and
        each of the 2 following calendar years; and

   (b)  when immediately preceded or followed by figures referring to a
        specific calendar year, means that calendar year.
qualified accountant means a person who:

   (a)  is registered, or is taken to be registered, as a company auditor
        under Part 9.2 of the Corporations Law; or

   (b)  is a member of the Institute of Chartered Accountants in Australia,
        the Australian Society of Certified Practising Accountants or any
        other body prescribed for the purposes of subparagraph 1280(2)(a)(i)
        of the Corporations Law; or

   (c)  is approved by the Minister to be a qualified accountant for the
        purposes of this Act.
recurrent expenditure means expenditure relating to the ongoing operating
costs of schools.
relevant authority, in relation to a non-government body, means:

   (a)  in respect of a payment for a capital project administered by a block
        grant authority-the block grant authority; or

   (b)  otherwise-the approved authority or nominated authority for the body.
relevant Minister, in relation to the former Act or a provision of that Act,
at a particular time, means (except in a reference to a State Minister) the
Minister who administered that Act or provision at that time.
school includes a proposed school, but does not include a school at which
education is provided at a standard (however described) that is pre-school
standard only.
schools census day, in relation to a school or schools, or an approved school
system, in a State and in relation to a program year, means:

   (a)  in respect of a non-systemic school, or an approved school system, in
        relation to which the Minister has, because of special circumstances,
        declared a particular day in that year to be the schools census day
        for the State for that year-the day so declared; or

   (b)  in respect of a non-systemic school, or an approved school system, to
        which paragraph (a) does not apply and in relation to which the State
        Minister and the Minister have agreed that a particular day in that
        year is to be the schools census day for the State for that year-the
        day so agreed; or

   (c)  otherwise-the day in that year (being a day as close as possible to 1
        August in that year) that the State Minister notifies the Minister is
        the schools census day for the State for that year.
secondary education means junior secondary education or senior secondary
education.
special education means education under special programs designed specifically
for children with disabilities or students with disabilities, or both.
special school means a school in a State that:

   (a)  has been, or is likely to be, recognised by the State Minister as a
        special school; and

   (b)  provides special education.
State includes:

   (a)  the Australian Capital Territory; and

   (b)  the Northern Territory.
State Minister means:

   (a)  in relation to a State other than the Australian Capital Territory or
        the Northern Territory-the Minister of the State who is responsible,
        or primarily responsible, for the administration of matters relating
        to school education in the State; or

   (b)  in relation to the Australian Capital Territory-the Minister of the
        Australian Capital Territory who is responsible, or primarily
        responsible, for the administration of matters relating to school
        education in the Australian Capital Territory; or

   (c)  in relation to the Northern Territory-the Minister of the Northern
        Territory who is responsible, or primarily responsible, for the
        administration of matters relating to school education in the Northern
        Territory.
student with disabilities means a student:

   (a)  who attends a government school, a government centre, a non-
        government school or a non-government centre; and

   (b)  in respect of whom a disability assessment has been made.
systemic school means a non-government school that:

   (a)  is included in an approved school system; and

   (b)  is included in the list as a systemic school.
the 1988 Act means the States Grants (Schools Assistance) Act 1988.
[Minister's second reading speech made in-
House of Representatives on 19 September 1996
Senate on 16 October 1996]