Commonwealth Numbered Acts

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) AMENDMENT ACT 1995 No. 29, 1995 - SECT 7

7. After section 29 of the Principal Act the following section is inserted:

Variation to take account of change to which paragraph 26(c) or (d) applies if
there is a progressive provision of secondary education

"29A.(1) This section applies if:

   (a)  the approved authority of an approved school system or of a
        non-systemic school makes a change referred to in section 21 in
        relation to a school; and

   (b)  paragraph 26(c) or (d) applies to the change; and

   (c)  the change involves progressively providing a course of secondary
        education over a number of years in the school or schools that emerge
        from the change, so that the first year or years in the course begin
        in one year and the remaining later years in the course begin
        progressively in subsequent years until the complete course is being
        provided.



"(2) Subject to subsection (3), if:

   (a)  the Minister has given provisional approval to the change; and

   (b)  the change is recognised by the State Minister of the State in which
        the school is situated; and

   (c)  the change consists of the amalgamation of a school with another
        school or the separation of a school into 2 or more schools-the school
        or schools that emerge from the change are not conducted for profit;
        and

   (d)  in the case of a non-systemic school-the approved authority of the
        school is a body corporate; and

   (e)  the school or schools that emerge from the change have, not later
        than:

        (i)    the last day of the year in which the change is proposed to be
               initiated; or

        (ii)   the schools census day for the State in the next year; a number
               of students enrolled in the first year or years of the course
               that is not less than the minimum number of students for that
               level; the Minister must vary the list to reflect the change in
               respect of the first year or years of education in the course.



"(3) The Minister must not vary the list if a matter referred to in subsection

(2) (other than paragraph (e) of that subsection) occurs after the end of 2
years from the beginning of the year in which the change was proposed to be
initiated, unless the Minister is satisfied that there are exceptional
circumstances justifying the variation.



"(4) If, in subsequent years, the school or schools that have emerged continue
progressively to attain, by a day not later than the schools census day in the
State in each of those years, a number of students enrolled for a subsequent
year of education in the course that is not less than the minimum number of
students for that level, the Minister must vary the list to reflect the change
in respect of the new years of education.".