Commonwealth Numbered Regulations

AUSTRALIAN EDUCATION REGULATIONS 2023 (F2023L01020) - REG 30

             (1)  For the purposes of paragraph 85(2)(a) of the Act, a block grant authority for a school must spend, or commit to spend, financial assistance that is payable to the authority under Division 2 of Part 5 of the Act (capital funding):

                     (a)  on capital expenditure in relation to a school for which the block grant authority is approved; and

                     (b)  in accordance with:

                              (i)  any written directions of the Minister; and

                             (ii)  the Capital Grants Program Guidelines.

             (2)  The financial assistance must (subject to subsections (3) and (4)) be spent, or committed to be spent:

                     (a)  in the year in which the financial assistance is paid to the block grant authority; or

                     (b)  before a day, or within a period, determined in writing by the Minister for the block grant authority.

             (3)  Subsection (4) applies to financial assistance that:

                     (a)  is paid to a block grant authority in accordance with the Act; and

                     (b)  is recovered from:

                              (i)  savings on capital expenditure; or

                             (ii)  capital expenditure that has not proceeded.

             (4)  The financial assistance must be spent, or committed to be spent:

                     (a)  on alternative capital expenditure, in relation to a school for which the block grant authority is approved:

                              (i)  within 12 months of the financial assistance being recovered; or

                             (ii)  before a day, or within a period, determined in writing by the Minister for the block grant authority; and

                     (b)  in accordance with:

                              (i)  any written directions of the Minister; and

                             (ii)  the Capital Grants Program Guidelines.

             (5)  The block grant authority may retain any interest earned on financial assistance that is payable to the authority under Division 2 of Part 5 of the Act. However, the block grant authority must spend, or commit to spend, the interest on capital expenditure in relation to a school for which the block grant authority is approved, in accordance with:

                     (a)  any written directions of the Minister; and

                     (b)  the Capital Grants Program Guidelines.

             (6)  For the purposes of subsections (1), (4) and (5), the Minister may give written directions to a block grant authority.