No. 35 of 1976

An Act to provide Financial Assistance to the States for an in relation to Schools, and for related purposes.

BE IN ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

PART I—PRELIMINARY

Short title.

1. This Act may be cited as the States Grants (Schools) Act 1976.

Commencement.

2. Subject to sub-section 68(2), this Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. (1) In this Act, unless the contrary intention appears—

“approved authority”, in relation to an approved school system or in relation to a non-government school, means such person or body as the Minister declares to be the approved authority of that school system or of that school, as the case may be, for the purposes of this Act;

“approved school system” means a school system in a State, or in a part of a State, which consists of non-government schools and which the Minister declares to be an approved school system for the purposes of this Act;

“building” includes part of a building;

“building project” includes—

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

(b) the planning, erection, alteration or extension of a building or other facilities;

(d) the installation of water, electricity or other services;

“certificate by an authorized person”, in relation to moneys paid to a State under a provision of this Act, means a certificate signed by a person, or by a person included in a class or persons, authorized by the State Education Minister for the State to sign certificates in respect of the application by the State of moneys paid to the State under that provision;

“certificate by a qualified accountant” means a certificate signed by—

(a) a person who is registered as a company auditor or a public accountant under a law of a State or Territory;

(b) a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or

“child” includes young person;

“commencing day” means the day on which this Act receives the Royal Assent;

“Commonwealth Education Minister” means the Minister;

“disadvantaged school” means a school which the Minister declares, under section 4, to be a disadvantaged school for the purposes of this Act;

“equipment project” means a project for or in relation to the provision of equipment, library material or furniture;

“existing Act” means the States Grants (Schools) Act 1973 or that Act as amended and in force from time to time;

“government disadvantaged school” means a government primary school, or a government secondary school, which is a disadvantaged school;

“government primary school” means—

(a) a government school at which primary education is provided; or

(b) in the case of a government school at which primary education, and also education other than primary education, are provided—that school in so far as it provides primary education;

“government school” means a school in a State that is conducted by or on behalf of the Government of the State;

“government secondary school” means—

(a) a government school at which secondary education is provided; or

(b) in the case of a government school at which secondary education, and also education other than secondary education, are provided—that school in so far as it provides secondary education;

“government special school” means a government school that is a special school;

“library material” includes books, periodicals, newspapers, films, sound recordings, musical scores, maps, plans, pictures, photographs and prints;

“migrant education” means the provision of special educational programs and facilities, and the adaptation of educational programs and facilities, for the purpose of meeting the special educational needs of migrant children and the children of migrants or for the purpose of meeting the special educational needs of those children and also providing education for those children and other children that takes account of the various cultures of peoples in countries from which persons have migrated to Australia;

“non-government disadvantaged school” means a school that is a systemic disadvantaged school or a non-systemic disadvantaged school;

“non-government primary school” means—

(a) a non-government school in a State at which primary education is provided; or

(b) in the case of a non-government school at which primary education, and also education other than primary education, are provided—that school in so far as it provides primary education;

“non-government school” means a school in a State that is not conducted by or on behalf of the Government of the State, but does not include a school conducted for the profit, direct or indirect, of an individual or individuals;

“non-government secondary school” means—

(a) a non-government school in a State at which secondary education is provided; or

(b) in the case of a non-government school at which secondary education, and also education other than secondary education, are provided—that school in so far as it provides secondary education;

“non-government special school” means a non-government school that is a special school;

“non-systemic disadvantaged school” means a non-systemic school that is a disadvantaged school;

“non-systemic school” means a non-government primary school, or a non-government secondary school, that is not a systemic school;

“previous schools assistance Act” means the existing Act or any other Act that came into operation before the commencing day and provides for the granting of financial assistance to the States in relation to schools;

“primary education”, in relation to a non-government school in a State, means education of a kind similar to that provided for students at government primary schools in the State;

“recurrent expenditure” means expenditure other than capital expenditure;

“school” includes an institution similar to a school, but does not include—

(a) a school or institution at which education is provided at pre-school or kindergarten standard only; or

(b) where the State Education Minister for a State notifies the Commonwealth Education Minister that a school or institution in the State that is specified in the notice is not recognized by the State Education Minister as a school and the Commonwealth Education Minister does not approve the school or institution as a school for the purposes of this Act—that school or institution;

“schools census date”, in relation to a State, means the date in the year to which this Act applies as at which the Australian Statistician compiles statistics in relation to the numbers of students in schools in the State;

“Schools Commission” means the Schools Commission established by the Schools Commission Act 1973;

“secondary education”, in relation to a non-government school in a State, means education of a kind similar to that provided for students at government secondary schools in the State;

“special education teacher training course” means a course for the training of teachers of handicapped children;

“special school” means a school in a State (whether or not it is a school or institution at which primary education or secondary education is provided)—

(a) at which special education is provided for handicapped children; and

(b) which the Commonwealth Education Minister, having regard to any advice in relation to the school furnished to him by the State Education Minister for the State, declares to be a special school for the purposes of this Act,

or, in the case of such a school at which special education for handicapped children, and also education other than special education for handicapped children, are provided—that school in so far as it provides special education for handicapped children;

“State Education Minister”, in relation to a State, means the Minister of State for the State who is responsible, or principally responsible, for the administration of matters relating to primary and secondary education in the State;

“student” means a full-time student;

“systemic disadvantaged school” means a systemic school that is a disadvantaged school;

“systemic school” means a non-government primary school, or a non-government secondary school, which is included in an approved school system and which the Minister declares to be a systemic school for the purposes of this Act;

“year to which this Act applies” means the year that commenced on 1 January 1976.

(2) A reference in this Act to primary education or secondary education shall, in relation to students who, by reason of their being handicapped children, require special educational treatment, be read as including a reference to education which the Minister declares to be education of a kind that should be treated as primary education or secondary education, as the case may be, for the purposes of this Act.

(3) A reference in this Act to a building project shall, except where the context otherwise requires, be read as including a project that is in part a building project and in part an equipment project.

(4) In the application of a provision of this Act in relation to any time occurring, or any period commencing, before the commencing day—

(a) a reference in the provision to an approved school system shall be read as a reference to a school system which the Minister, on or after the commencing day, declares to be an approved school system for the purposes of this Act;

(b) a reference in the provision to the approved authority of a school system or of a non-government school shall be read as a reference to the person who, or body which, the Minister, on or after the commencing day, declares to be the approved authority of that school system or of that school, as the case may be, for the purposes of this Act;

(c) a reference in the provision to a systemic school shall be read as a reference to a school included in a school system which the Minister, on or after the commencing day, declares to be a systemic school for the purposes of this Act;

(d) a reference in the provision to a non-systemic school shall be read as a reference to a non-government primary school or a non-government secondary school which the Minister does not, on or after the commencing day, declare to be a systemic school for the purposes of this Act;

(e) a reference in the provision to a disadvantaged school shall be read as a reference to a school which the Minister, on or after the commencing day, declares to be a disadvantaged school for the purposes of this Act;

(f) a reference in the provision to a special school shall be read as a reference to a school which the Minister, on or after the commencing day, declares to be a special school for the purposes of this Act; and

(g) a reference in the provision to an approved education centre shall be read as a reference to an education centre which, on or after the commencing day, is approved by the Minister for the purposes of this Act.

(5) Unless the contrary intention appears—

(a) references in this Act to government primary schools and to government secondary schools shall not be taken, by reason of the express references in this Act to government disadvantaged schools and to government special schools, as not including references to disadvantaged schools and special schools that are government primary schools or government secondary schools;

(b) references in this Act to non-government primary schools and to non-government secondary schools shall not be taken, by reason of the express references in this Act to non-government disadvantaged schools and to non-government special schools, as not including references to disadvantaged schools and special schools that are non-government primary schools or non-government secondary schools;

(c).references in this Act to systemic schools shall not be taken, by reason of the express references in this Act to systemic disadvantaged schools, as not including references to disadvantaged schools and special schools that are systemic schools; and

(d) references in this Act to non-systemic schools shall not be taken, by reason of the express references in this Act to non-systemic disadvantaged schools, as not including references to disadvantaged schools and special schools that are non-systemic schools.

Minister may declare schools to be disadvantaged schools.

4. Where—

(a) the students, or a substantial number of the students, at a school are members of a community which is, for social, economic, ethnic, geographic, cultural or lingual reasons, or for similar reasons, of such a kind that the capacity of the students to take advantage of educational opportunities ordinarily available at schools in the relevant State is below average;

(b) in the case of a government school, the State Education Minister for the relevant State informs the Commonwealth Education Minister that the students, or a substantial number of the students, at the school are members of such a community; and

(c) the Commonwealth Education Minister is of the opinion, in the case of either a government school or a non-government school, that the school should, for any of the reasons referred to in paragraph (a), be treated as a disadvantaged school for the purposes of this Act,

the Commonwealth Education Minister may declare the school to be a disadvantaged school for the purposes of this Act.

PART II—GENERAL BUILDING AND EQUIPMENT GRANTS

Grants for buildings and equipment projects in connexion with government schools.

5. (1) Subject to sub-section (2) and to section 7, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of building projects and equipment projects in connexion with government primary schools and government secondary schools in the State, of such amounts as the Minister determines.

(2) The Minister shall not authorize the payment of an amount to a State under sub-section (1) unless the Minister is satisfied that the amount will be applied for the purpose of meeting commitments already undertaken or to be undertaken not later than 31 December 1976.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (1) (in this section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) the relevant financial assistance will, without undue delay, be applied by the State for the purpose of meeting expenditure in respect of building projects and equipment projects in connexion with government primary schools, and building projects and equipment projects in connexion with government secondary schools, in the State, other than any project the sole or principal object, or one of the principal objects, of which is to provide housing or other residential accommodation in any capital city for teaching or other staff;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the relevant financial assistance has been applied by the State for the purpose referred to in paragraph (a); and

(ii) a statement in writing that specifies—

(A) the projects (not including a project the total expenditure in connexion with which was less than $20,000) in respect of which the relevant financial assistance has been applied, the amount so applied in respect of each of the projects and the total of those amounts; and

(B) the amount of the relevant financial assistance applied in respect of projects the total expenditure in connexion with each of which was less than $20,000; and

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

Reimbursement of moneys expended by States before commencing day on building and equipment projects in connexion with government schools.

6. (1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys (in this section referred to as the “State expenditure”) which, during the period that commenced on 1 July 1975 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been applied by the State for the purpose referred to in paragraph 5 (3) (a), otherwise than out of financial assistance granted to the State under any previous schools assistance Act, the Commonwealth Education Minister may, subject to section 7, authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount of the State expenditure.

(2) The financial assistance to a State constituted by a payment or payments of moneys under sub-section (1) (in this section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(ii) a statement in writing that specifies—

(A) the projects (not including a project the total expenditure in connexion with which was less than $20,000) in respect of which the State expenditure was applied during the relevant period, the amount so applied in respect of each of the projects and the total of those amounts; and

(B) the amount of the State expenditure applied during the relevant period in respect of projects the total expenditure in connexion with each of which was less than $20,000; and

(b) if the State does not fulfil the condition that, under paragraph (a), is to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the amount of the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

(3) Where, in relation to a request by the State Education Minister for a State, the relevant financial assistance is less than the State expenditure, the amount of the State expenditure shall, for the purposes of subparagraph (2)(a)(ii), be deemed to be so much of the State expenditure as is equal to the relevant financial assistance.

Limits on grants under sub-sections 5(1) and 6(1), &c.

7. (1) The Minister shall not authorize payments to a State under sub-sections 5(1) and 6(1) that exceed, in the aggregate, the amount specified in column 2 of Schedule 1 opposite to the name of the State.

(2) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (4), the Commonwealth Education Minister may, at the request of the State Education Ministers for 2 or more States, direct that—

(a) this Act has effect as if the amounts specified in column 2 of Schedule 1 opposite to the names of those States were varied in accordance with the direction; or

(b) this Act has effect as if the amounts specified in column 3 of Schedule 1 opposite to the names of those States were varied in accordance with the direction,

and, where the Commonwealth Education Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-sections (3) and (4)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(3) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (4), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act has effect as if the amounts specified in columns 2 and 3 of Schedule 1 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this sub-section and sub-sections (2) and (4)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(4) A direction given under sub-section (2) or (3) shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in columns 2 and 3 of Schedule 1 opposite to the names of the States is greater or less than the total specified at the foot of column 4 of that Schedule.

(5) As soon as practicable after the Minister has given a direction under sub-section (2) or (3), he shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.

Approval of building an equipment projects in connexion with non-government schools.

8. (1) For the purposes of section 9, the Minister may, subject to sub-section (2) of this section, approve building projects and equipment projects in connexion with non-government primary schools, and building projects and equipment projects in connexion with non-government secondary schools, in a State.

(2) A project shall not be approved under sub-section (1) if the sole or principal object, or one of the principal objects, of the project is—

(a) to provide housing or other residential accommodation for teaching or other staff, or for students; or

(b) to provide facilities for use, wholly or principally, for or in relation to religious worship.

Grants for building and equipment projects in connexion with non-government schools.

9. (1) Subject to sub-sections (2) and (3), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of a project approved under section 8, of such amounts as the Minister determines.

(3) The Minister shall not authorize payments to a State under sub-section (1) of this section and sub-section 10(2) that exceed, in the aggregate, the amount specified in column 2 of Schedule 2 opposite to the name of the State.

(4) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (5), provision may be made by the regulations that this Act has effect as if some or all of the amounts specified in column 2 of Schedule 2 opposite to the names of States were varied in accordance with the regulations, and, where provision is so made with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-section (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(5) Regulations made for the purposes of sub-section (4) shall not provide for the variation of any amounts specified in column 2 of Schedule 2 opposite to the names of States in such a way that, after the variation, the aggregate of the amounts specified in that column is greater or less than the total specified at the foot of that column.

(6) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of a building project or an equipment project in connexion with a non-government school in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment in respect of the project made out of moneys provided to the State by the Commonwealth under sub-section (1);

(b) the payment to the approved authority will not be made unless the authority, before or at the time of accepting the payment, agrees with the State to be bound by the following conditions:—

(i) the authority will ensure that an amount equal to the payment is applied (within a period of 6 months after the date of the payment or within such further period as the Minister allows) for the purpose of meeting expenditure in respect of that project;

(ii) the authority will cause to be furnished to the Minister (within a period of 3 months after the date of completion of the project or within such further period as the Minister allows)—

(A) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the payment has been applied for the purpose referred to in sub-paragraph (i); and

(B) a statement in writing that contains such information in respect of the project as is required by the Minister to be so furnished;

(iii) such other conditions (if any) as are specified in the approval of the project under sub-section 8(1);

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

(d) if the approved authority does not fulfil any condition to which, by virtue of paragraph (b), the authority has agreed, the State will repay to the Commonwealth an amount equal to so much of the relevant financial assistance as is equal to any amount repaid to the State by, or recovered by the State from, the authority.

Supplementary grants in respect of projects approved under previous legislation.

10. (1) In this section, “previously approved project” means a project approved under sub-section 6(1), 19(1) or 28(1) of the existing Act, and includes a building that is an approved laboratory building for the purposes of section 9 of the existing Act or is an approved library building for the purposes of section 22 of the existing Act.

(2) Subject to sub-section (3) of this section and to sub-section 9(3), the Minister may authorize the payment to a State under this subsection, by way of financial assistance to the State, in respect of a previously approved project, of such amounts as the Minister determines.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (2) in respect of a previously approved project in connexion with a non-government school in the State (in this subsection referred to as the “relevant financial assistance”) is granted on the following conditions:—

(a) the State will, without undue delay, pay to the approved authority of the school an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment in respect of the project made out of moneys provided to the State by the Commonwealth under sub-section (2);

(b) if the State does not fulfil the condition that, under paragraph (a), is to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

PART III—GRANTS FOR RECURRENT EXPENDITURE

Grants for recurrent expenditure in connexion with government schools.

11. (1) Subject to section 13, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with government primary schools and government secondary schools in the State, of such amounts as the Minister determines.

(2) The financial assistance to a State constituted by a payment of moneys under sub-section (1) (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) the relevant financial assistance will, as soon as is practicable, be applied by the State, according to the respective needs of the schools concerned, for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with government primary schools and government secondary schools in the State and, in particular, will ensure that such part of the relevant financial assistance as is not less than the amount specified in column 2 of Schedule 3 opposite to the name of the State is applied in respect of recurrent expenditure in relation to migrant education provided at those schools;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the relevant financial assistance has been applied by the State as required by paragraph (a), being a certificate that specifies the amount applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in relation to migrant education provided at government primary schools and government secondary schools in the State; and

(ii) a statement in writing that summarizes, in respect of government primary schools and in respect of government secondary schools, the manner in which the relevant financial assistance has been applied by the State; and

Reimbursement of moneys expended by States before commencing day on recurrent expenditure in connexion with government schools.

12. (1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys (in this section referred to as the “State expenditure”) which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been applied by the State for the purpose referred to in paragraph 11(2)(a), otherwise than out of financial assistance granted to the State under any previous schools assistance Act, the Commonwealth Education Minister may, subject to section 13, authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount of the State expenditure.

(a) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that an amount equal to the relevant financial assistance was, during the relevant period, applied by the State for the purpose referred to in paragraph 11(2)(a), otherwise than out of financial assistance granted to the State under any previous schools assistance Act, being a certificate that specifies such part of that amount as was so applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in relation to migrant education at government primary schools and government secondary schools in the State; and

(ii) a statement in writing that summarizes, in respect of government primary schools and in respect of government secondary schools, the manner in which the State expenditure has been applied by the State; and

(3) Where, in relation to a request by the State Education Minister for a State, the relevant financial assistance is less than the State expenditure, the amount of the State expenditure shall, for the purposes of sub-paragraph (2)(a)(ii), be deemed to be so much of the State expenditure as is equal to the relevant financial assistance.

(4) Where a certificate under paragraph (2)(a) specifies an amount that a State has applied for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in relation to migrant education, paragraph 11(2)(a) has effect in relation to the State as if the amount specified in column 2 of Schedule 3 opposite to the name of the State were the amount so specified reduced by an amount equal to the amount specified in the certificate.

Limits on grants under sections 11 and 12.

13. The Minister shall not authorize payments to a State under sub-sections 11(1) and 12(1) that exceed, in the aggregate, the amount specified in column 3 of Schedule 1 opposite to the name of the State.

Grants for recurrent expenditure of systemic schools.

14. (1) The Minister shall, not later than 1 month after the commencing day, prepare a list of approved school systems, and shall, in respect of each approved school system, specify the level at which assistance is to be provided under this Act for the school system in respect of recurrent expenditure in respect of the year to which this Act applies, being a level of assistance set out in column 1 of Schedule 4.

(2) The Minister may vary the list for the purpose of correcting clerical errors or making alterations of a formal kind.

(3) The Minister shall, in determining the level at which assistance is to be provided under this Act for an approved school system in respect of recurrent expenditure in respect of the year to which this Act applies, have regard to the needs of the school system for assistance in respect of recurrent expenditure in respect of that year.

(4) The Minister shall cause a copy of the list prepared for the purposes of sub-section (1), and a copy of any variation of the list, to be published in the Gazette.

(5) Subject to section 16, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies of an approved school system in the State, of such amounts as the Minister determines, being amounts which do not exceed, in the aggregate, the sum of the following amounts:—

(a) an amount equal to the product of the amount specified in column 2 of Schedule 4 opposite to the level specified by the Minister under sub-section (1) in relation to the school system and the number of students receiving primary education at systemic schools in the school system on the date (in paragraph (b) referred to as the “census date”) that is the schools census date for that State or is such other date as the Minister, in special circumstances, determines in relation to the school system;

(b) an amount equal to the product of the amount specified in column 3 of Schedule 4 opposite to the level specified by the Minister under sub-section (1) in relation to the school system and the number of students receiving secondary education at systemic schools in the school systems on the census date;

(c) an amount equal to such amount as the Minister, subject to section 20, determines to be the amount of assistance to be provided for the school system in respect of recurrent expenditure in respect of the year to which this Act applies in relation to migrant education provided at systemic schools in the school system;

(d) if primary or secondary education is provided at any systemic school in the school system for part-time students as well as for full-time students, an amount equal to such amount (if any) as the Minister determines to be the amount of assistance to be provided for the school system in respect of those part-time students.

(6) The financial assistance to a State constituted by a payment of moneys under sub-section (5) in respect of recurrent expenditure of an approved school system in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school system an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment made out of moneys provided to the State by the Commonwealth under sub-section (5);

(b) the payment (in this paragraph referred to as the “relevant payment”) to the approved authority will not be made unless the authority, before or at the time of accepting the payment, agrees with the State to be bound by the following conditions:—

(i) the authority will ensure that an amount equal to the relevant payment is (within a period of 6 months after the payment is made or within such further period as the

Minister allows) applied for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies of the systemic schools in the school system, and of the authority in respect of those schools, in such proportions as the Minister determines, and, in particular, will ensure that an amount equal to the amount determined by the Minister under paragraph (5) (c) in relation to the school system is applied, in such proportions as the Minister determines, in respect of recurrent expenditure of those schools, and of the authority in respect of those schools, in relation to migrant education provided at those schools;

(ii) the authority will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the relevant payment has been applied as required by sub-paragraph (i);

(iii) the authority will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves) a statement in writing that—

(A) specifies, in respect of each systemic school in the approved school system, the total income derived, and the total expenditure incurred, by the school in respect of primary education, and in respect of secondary education, in respect of the year to which this Act applies;

(B) specifies, in respect of each class of income and each class of expenditure determined by the Minister, the total amount of income of that class derived, and the total amount of expenditure of that class incurred, by each systemic school in the school system in respect of primary education, and in respect of secondary education, in respect of that year;

(C) specifies the extent (if any) to which the relevant payment has been applied for the purpose of meeting recurrent expenditure of the authority in respect of the systemic schools in the school system and the manner in which the amount applied for that purpose has been so applied; and

(D) contains such other information in respect of recurrent expenditure of those schools, and of the authority in respect of those schools, as is required by the Minister to be so furnished;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

Reimbursement of moneys expended by States before commencing day on grants for recurrent expenditure of systemic schools.

15. (1) Where—

(a) the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period ”), has been paid to the approved authority of an approved school system in the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies of the systemic schools in the school system, and of the authority in respect of those schools; and

(b) the Commonwealth Education Minister is satisfied that the approved authority has agreed with the State to be bound by conditions having the same effect in relation to that payment as the conditions which, under paragraph 14 (6) (b), are required to be specified in an agreement referred to in that paragraph in relation to a payment to which that paragraph applies,

the Commonwealth Education Minister may, subject to section 16, authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount referred to in the request.

(2) The financial assistance to a State constituted by a payment of moneys under sub-section (1) is granted on the condition that, if the approved authority referred to in sub-section (1) does not, in relation to the moneys paid to the approved authority by the State, fulfil any condition of the kind referred to in paragraph (1)(b), the State will repay to the Commonwealth an amount equal to so much of the relevant financial assistance as is equal to any amount repaid to the State by, or recovered by the State from, the authority.

Limits on grants under sections 14 and 15.

16. The Minister shall not authorize payments to a State under sub-sections 14(5) and 15(1), in respect of an approved school system in the State, that exceed, in the aggregate, the sum of the amounts that, but for this section, the Minister would be authorized to grant under sub-section 14(5) in respect of that school system.

Grants for recurrent expenditure of non-systemic schools.

17. (1) The Minister shall, not later than 1 month after the commencing day, prepare a list of the non-systemic schools in each State, and shall, in respect of each school—

(a) specify the level at which assistance is to be provided under this Act for the school in respect of recurrent expenditure in respect of the year to which this Act applies, being a level of assistance set out in column 1 of Schedule 4;

(b) where there are students at the school who are receiving primary education—specify the amount (in sub-section (5) referred to as the “primary student amount”) of the assistance to be provided under this Act in respect of each student receiving primary education at the school, being an amount that—

(i) in the case of a school to which level 6 is applicable by virtue of paragraph (a)—is the amount specified in column 2 of Schedule 4 opposite to that level; and

(ii) in any other case—is an amount that is not less than the amount specified in column 2 of Schedule 4 opposite to the level specified in column 1 that is applicable to the school by virtue of paragraph (a), but is less than the amount specified in column 2 opposite to the level specified in column 1 that is the next higher level; and

(c) where there are students at the school who are receiving secondary education—specify the amount (in sub-section (5) referred to as the “secondary student amount”) of the assistance to be provided under this Act in respect of each student receiving secondary education at the school, being an amount that—

(i) in the case of a school to which level 6 is applicable by virtue of paragraph (a)—is the amount specified in column 3 of Schedule 4 opposite to that level; and

(ii) in any other case—is an amount that is not less than the amount specified in column 3 of Schedule 4 opposite to the level specified in column 1 that is applicable to the school by virtue of paragraph (a), but is less than the amount specified in column 3 opposite to the level specified in column 1 that is the next higher level.

(2) The Minister may from time to time vary the list for the purpose of adding to it schools that come into existence, or the existence of which first becomes known to the Minister, after the list has been prepared, or for the purpose of correcting clerical errors or making alterations of a formal kind.

(3) The Minister shall, in determining the matters required to be specified in the list of schools prepared for the purposes of sub-section (1), have regard to the respective needs of schools for assistance in respect of recurrent expenditure in respect of the year to which this Act applies and to the amount of assistance in respect of recurrent expenditure provided for each school under the existing Act in respect of the year that ended on 31 December 1975.

(4) The Minister shall cause a copy of the list prepared for the purposes of sub-section (1), and a copy of any variation of the list, to be published in the Gazette.

(5) Subject to section 19, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies of a non-systemic school in the State, of such amounts as the Minister determines, being amounts which do not exceed, in the aggregate, the sum of the following amounts:—

(a) an amount equal to the product of the amount that, under paragraph (1)(b), is the primary student amount applicable to the school and the number of students receiving primary education at the school on the date (in paragraph (b) referred to as the “census date”) that is the school census date for that State or is such other date as the Minister, in special circumstances, determines in relation to the school;

(b) an amount equal to the product of the amount that, under paragraph (1)(c), is the secondary student amount applicable to the school and the number of students receiving secondary education at the school on the census date;

(c) an amount equal to such amount as the Minister, subject to section 20, determines to be the amount of assistance to be provided for the school in respect of recurrent expenditure in respect of the year to which this Act applies in relation to migrant education provided at the school;

(d) where primary education or secondary education is provided at the school for part-time students as well as for full-time students—an amount equal to such amount (if any) as the Minister determines to be the amount of the assistance to be provided for the school in respect of recurrent expenditure in respect of the year to which this Act applies in connexion with those part-time students.

(6) The financial assistance to a State constituted by a payment of moneys under sub-section (5) in respect of recurrent expenditure in respect of the year to which this Act applies of a non-systemic school in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment in respect of that school made out of moneys provided to the State by the Commonwealth under sub-section (5);

(b) the payment (in this paragraph referred to as the ‘‘relevant payment”) to the approved authority will not be made unless the authority, before or at the time of accepting the payment, agrees with the State to be bound by the following conditions:—

(i) the authority will ensure that an amount equal to the relevant payment is (within a period of 6 months after the payment is made or within such further period as the Minister allows) applied for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies of the school, and, in particular, will ensure that an amount equal to the amount determined by the Minister under paragraph (5)(c) in relation to the school is applied in respect of recurrent expenditure of the school in relation to migrant education provided at the school;

(ii) the authority will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(A) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the relevant payment has been applied as required by sub-paragraph (i);

(B) a statement in writing that specifies the total income derived, and the total expenditure incurred, by the authority in respect of primary education, and in respect of secondary education, in respect of the year to which this Act applies;

(C) a statement in writing that specifies, in respect of each class of income and each class of expenditure determined by the Minister, the total amount of income of that class derived, and the total amount of expenditure of that class incurred, by the authority in respect of primary education, and in respect of secondary education, in respect of that year; and

(D) a statement in writing that contains such other information in respect of recurrent expenditure of the school as is required by the Minister to be so furnished;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

Reimbursement of moneys expended by States before commencing day on grants for recurrent expenditure of non-systemic schools.

18. (1) Where—

(a) the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been paid by the State to the approved authority of a non-systemic school in the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies of the school; and

(b) the Commonwealth Education Minister is satisfied that the approved authority has agreed with the State to be bound by conditions having the same effect in relation to that payment as the conditions which, under paragraph 17(6)(b), are required to be specified in an agreement referred to in that paragraph in relation to a payment to which that paragraph applies,

the Commonwealth Education Minister may, subject to section 19, authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount referred to in the request.

Limits on grants under sections 17 and 18.

19. The Minister shall not authorize payments to a State under sub-sections 17(5) and 18(1), in respect of a non-systemic school in the State, that exceed, in the aggregate, the sum of the amounts that, but for this section, the Minister would be authorized to grant under sub-section 17(5) in respect of that school.

Limits on grants for migrant education provided at non-government schools.

20. The amounts determined by the Minister under paragraph 14(5)(c) in respect of approved school systems in a State, and the amounts determined by the Minister under paragraph 17(5)(c) in respect of non-systemic schools in the State, shall not exceed, in the aggregate, the amount specified opposite to the name of the State in column 3 of Schedule 3.

PART IV—GRANTS FOR DISADVANTAGED SCHOOLS

Grants for expenditure in connexion with government disadvantaged schools.

21. (1) Subject to sub-section (2) and to section 23, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of expenditure in connexion with government disadvantaged schools in the State, of such amounts as the Minister determines.

(2) The Minister shall not authorize the payment of an amount to a State under sub-section (1) unless the Minister is satisfied that the amount will not be applied for the purpose of meeting capital expenditure except in connexion with commitments already undertaken or to be undertaken not later than 31 December 1976.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (1) (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) the relevant financial assistance will, as soon as is practicable, be applied by the State for the purpose of meeting expenditure in connexion with government disadvantaged schools in the State, being expenditure which—

(i) is recurrent expenditure in respect of the year to which this Act applies; or

(ii) is capital expenditure in connexion with a project the total expenditure in connexion with which is or will be less than $20,000, or is a project which is approved by the Minister for the purposes of this sub-paragraph;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

Reimbursement of moneys expended by States before commencing day on expenditure in connexion with government disadvantaged schools.

22. (1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys (in this section referred to as the “State expenditure”) which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been applied by the State for the purpose of meeting expenditure of the kind referred to in paragraph 21(3)(a) in connexion with government disadvantaged schools in the State, otherwise than out of financial assistance granted to the State under any previous schools assistance Act, the Commonwealth Education Minister may, subject to section 23, authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount of the State expenditure.

(2) The financial assistance to a State constituted by a payment or payments of moneys under sub-section (1) (in this section referred to as the “relevant financial assistance’’) is granted on the conditions that—

(a) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that an amount equal to the relevant financial assistance was, during the relevant period, applied by the State for the purpose of meeting expenditure of the kind referred to in paragraph 21(3)(a) in connexion with government disadvantaged schools in the State, otherwise than out of financial assistance granted to the State under any previous schools assistance Act; and

(ii) a statement in writing that summarizes the manner in which the State expenditure has been applied by the State; and

Limits on grants under sections 21 and 22.

23. The Minister shall not authorize payments to a State under subsections 21(1) and 22(1) that exceed, in the aggregate, the amount specified in column 2 of Schedule 5 opposite to the name of the State.

Grants for expenditure of systemic disadvantaged schools.

24. (1) Subject to sub-section (2) and to section 28, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of expenditure of an approved school system in the State in connexion with any systemic disadvantaged school or schools in that school system, of such amounts as the Minister determines.

(2) The financial assistance to a State constituted by a payment of money under sub-section (1) in respect of expenditure of an approved school system in the State in connexion with any systemic disadvantaged school or schools in the school system (in this sub-section referred to as the “relevant financial assistance’) is granted on the conditions that—

(b) the payment (in this paragraph referred to as the “relevant payment”) to the approved authority, will not be made unless the authority, before or at the time of accepting the payment, agrees with the State to be bound by the following conditions:—

(i) the authority will ensure that an amount equal to the relevant payment is (within a period of 6 months after the payment is made or within such further period as the Minister allows) applied for the purpose of meeting expenditure of that systemic disadvantaged school or those systemic disadvantaged schools, and of the authority in respect of that school or those schools, in such proportions as the Minister determines, being expenditure that—

(A) is recurrent expenditure in respect of the year to which this Act applies; or

(B) is capital expenditure in connexion with a minor project approved by the Minister for the purposes of this sub-paragraph;

(ii) the authority will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(A) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the relevant payment has been applied as required by sub-paragraph (i); and

(B) a statement in writing that contains such information in respect of any systemic disadvantaged school or schools in the school system as is required by the Minister to be so furnished;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

Reimbursement of moneys expended by States before commencing day on grants for expenditure of systemic disadvantaged schools.

25. (1) Where—

(a) the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been paid by the State to the approved authority of an approved school system in the State for the purpose of meeting expenditure of the kind referred to in sub-paragraph 24(2)(b)(i) in connexion with any systemic disadvantaged school or schools in the school system; and

(b) the Commonwealth Education Minister is satisfied that the approved authority of the school system has agreed with the State to be bound by conditions having the same effect in relation to that payment as the conditions which, under paragraph 24(2)(b), are required to be specified in an agreement referred to in that paragraph in relation to a payment to which that paragraph applies,

the Commonwealth Education Minister may, subject to section 28, authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount referred to in the request.

Grants for expenditure of non-systemic disadvantaged schools.

26. (1) Subject to sub-section (2) and to section 28, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to a State in respect of expenditure of a non-systemic disadvantaged school in the State, of such amounts as the Minister determines.

(2) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of expenditure of a non- systemic disadvantaged school in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment in respect of the school made out of moneys provided to the State by the Commonwealth under sub-section (1);

(A) is recurrent expenditure in respect of the year to which this Act applies; or

(B) is capital expenditure in connexion with a minor project approved by the Minister for the purposes of this sub-paragraph;

(ii) the authority will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(A) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the relevant payment has been applied for the purpose referred to in sub-paragraph (i); and

(B) a statement in writing that contains such information in respect of the school as is required by the Minister to be so furnished;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

Reimbursement of moneys expended by States before commencing day on grants for expenditure of non-systemic disadvantaged schools.

27. (1) Where—

(a) the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been paid by the State to the approved authority of a non-systemic disadvantaged school in the State for the purpose of meeting expenditure of the school of the kind referred in sub-paragraph 26(2)(b)(i); and

(b) the Commonwealth Education Minister is satisfied that the approved authority has agreed with the State to be bound by conditions having the same effect in relation to that payment as the conditions which, under paragraph 26(2)(b), are required to be specified in an agreement referred to in that paragraph in relation to a payment to which that paragraph applies,

Limits on grants under sections 24, 25, 26 and 27.

28. The Minister shall not authorize payments to a State under subsections 24(1), 25(1), 26(1) and 27(1) that exceed, in the aggregate, the amount specified in column 3 of Schedule 5 opposite to the name of the State.
PART V—GRANTS IN RESPECT OF SPECIAL SCHOOLS FOR HANDICAPPED CHILDREN

Grants for recurrent expenditure in connexion with government special schools.

29. (1) Subject to sub-section 33(1), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies in connexion with government special schools in the State, of such amounts as the Minister determines.

(b) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

Reimbursement of moneys expended by States before commencing day on recurrent expenditure in connexion with government special schools.

30. (1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys (in this section referred to as the “State expenditure”) which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with government special schools in the State, otherwise than out of financial assistance granted to the State under any previous schools assistance Act, the Commonwealth Education Minister may, subject to sub-section 33(1), authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount of the State expenditure.

(a) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that an amount equal to the relevant financial assistance was, during the relevant period, applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with government special schools in the State, otherwise than out of financial assistance granted to the State under any previous schools assistance Act; and

(ii) a statement in writing that summarizes the manner in which the State expenditure has been applied by the State; and

Grants for recurrent expenditure of nongovernment special schools.

31. (1) Subject to sub-section 33(2), the Minister may authorize the payment to a State under this sub-section by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies of a non-government special school in the State, of such amounts as the Minister determines.

(2) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of recurrent expenditure in respect of the year to which this Act applies of a non-government special school in the State (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the approved authority of the school an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the authority as a payment made out of moneys provided to the State by the Commonwealth under sub-section (1);

(ii) the authority will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(A) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the relevant payment has been applied for the purpose referred to in sub-paragraph (i);

(B) a statement in writing that specifies the total income derived, and the total expenditure incurred, by the school in respect of the year to which this Act applies; and

(C) a statement in writing that contains such other information in respect of the school as is required by the Minister to be so furnished;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

(d) if the approved authority does not fulfil any conditions to which, by virtue of paragraph (b), the authority has agreed, the State will repay to the Commonwealth an amount equal to so much of the relevant financial assistance as is equal to any amount repaid to the State by, or recovered by the State from, the authority.

Reimbursement of moneys expended by States before commencing day on grants for recurrent expenditure of non-government special schools.

32. (1) Where

(a) the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been paid by the State to the approved authority of a non-government special school in the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies of the school; and

(b) the Commonwealth Education Minister is satisfied that the approved authority has agreed with the State to be bound by conditions having the same effect in relation to the payment as the conditions which, under paragraph 31(2)(b), are required to be specified in an agreement referred to in that paragraph in relation to a payment to which that paragraph applies,

the Commonwealth Education Minister may, subject to sub-section 33(2), authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount referred to in the request.

Limits on grants under sections 29, 30, 31 and 32.

33. (1) The Minister shall not authorize payments to a State under sub-sections 29(1) and 30(1) that exceed, in the aggregate, the amount specified in column 2 of Schedule 6 opposite to the name of the State.

(2) The Minister shall not authorize payments to a State under subsections 31(1) and 32(1) that exceed, in the aggregate, the amount specified in column 3 of Schedule 6 opposite to the name of the State.

(3) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (5), the Commonwealth Education Minister may, at the request of the State Education Ministers for 2 or more States, direct that—

(a) this Act has effect as if the amounts specified in column 2 of Schedule 6 opposite to the names of those States were varied in accordance with the direction; or

(b) this Act has effect as if the amounts specified in column 3 of Schedule 6 opposite to the names of those States were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-sections (4) and (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(4) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (5), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act has effect as if the amounts specified in columns 2 and 3 of Schedule 6 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this sub-section and subsections (3) and (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(5) A direction given under sub-section (3) or (4) shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amount specified in columns 2 and 3 of Schedule 6 opposite to the names of the States is greater or less than the total specified at the foot of column 4 of that Schedule.

(6) As soon as practicable after the Minister has given a direction under sub-section (3) or (4), he shall cause a statement setting out particulars of the direction to be laid before each House of the Parliament.

Grants for recurrent expenditure in connexion with special education teacher training courses.

34. (1) Subject to sub-section 38(1), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies in connexion with special education teacher training courses in the State, of such amounts as the Minister determines.

(a) the relevant financial assistance will, as soon as is practicable, be applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with special education teacher training courses in the State, being courses—

(i) which are conducted (in whole or in part) during the year to which this Act applies; and

(ii) entry to which is not restricted to teachers at government schools or teachers at non-government schools;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the amount of the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

Reimbursement of moneys expended by States before commencing day on recurrent expenditure in connexion with special education teacher training courses.

35. (1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys (in this section referred to as the “State expenditure”) which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with special education teacher training courses in the State, otherwise than out of financial assistance granted to the State under any previous schools assistance Act, the Commonwealth Education Minister may, subject to sub-section 38(1), authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount of the State expenditure.

(a) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the State expenditure has been applied by the State; and

(3) Where, in relation to a State, the relevant financial assistance is less than the State expenditure, the amount of the State expenditure shall, for the purposes of sub-paragraph (2)(a)(ii), be deemed to be so much of the State expenditure as is equal to the relevant financial assistance.

Grants for recurrent expenditure in connexion with the remuneration or replacement of teachers attending special education teacher training courses.

36. (1) Subject to sub-section 38(2), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies in connexion with the remuneration of teachers attending special education teacher training courses in the State (being full-time courses which extend over a period of 2 weeks or more), or the replacement of teachers attending special education teacher training courses of that kind, of such amounts as the Minister determines.

(2) The financial assistance to a State constituted by a payment of moneys under sub-section (1) (in this section referred to as the “relevant financial assistance”) is granted on the conditions that—

(i) the remuneration of teachers at schools (whether government schools or non-government schools) attending, during the year to which this Act applies, special education teacher training courses, being full-time courses which extend over a period of 2 weeks or more and entry to which is not restricted to teachers at government schools or to teachers at non-government schools; or

(ii) the replacing of teachers during any period when they are so attending courses of that kind except where expenditure in connexion with the remuneration of those teachers in respect of that period has been or is to be met (in whole or in part) out of the relevant financial assistance or out of other financial assistance constituted by a payment of moneys to the State under sub-section (1) or sub-section 37(1);

(b) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that the relevant financial assistance has been applied for the purpose referred to in paragraph (a), being a certificate that specifies the amount so applied in respect of teachers, and the replacing of teachers, from government schools and the amount so applied in respect of teachers, and the replacing of teachers, from non-government schools; and

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

Reimbursement of moneys expended by States before commencing day on recurrent expenditure in connexion with the remuneration or replacement of teachers attending special education teacher training courses.

37. (1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys (in this section referred to as the “State expenditure”) which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with the remuneration of teachers attending special education teacher training courses in the State (being full-time courses which extend over a period of 2 weeks or more), or the replacing of teachers attending special education teacher training courses of that kind, otherwise than out of financial assistance granted to the State under any previous schools assistance Act, the Commonwealth Education Minister may, subject to sub-section 38 (2), authorize the payment to a State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount of the State expenditure.

(a) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(A) the remuneration of teachers attending, during the year to which this Act applies, special education teacher training courses in the State, being full-time courses which extend over a period of 2 weeks or more and entry to which is not restricted to teachers at government schools or to teachers at non-government schools; or

(B) the replacing of teachers during any period when they are so attending courses of that kind, except where expenditure in connexion with the remuneration of those teachers in respect of that period has been or is to be met (in whole or in part) out of the relevant financial assistance or out of other financial assistance constituted by a payment of moneys to the State under sub-section (1),

being a certificate that specifies the amount so applied in respect of teachers, and the replacing of teachers, from government schools and the amount so applied in respect of teachers, and the replacing of teachers, from non-government schools; and

(ii) a statement in writing that summarizes the manner in which the State expenditure has been applied by the State; and

(b) if the State does not fulfil the condition that, under paragraph (a), is to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the financial assistance or, if the Minister determines, that part only of the financial assistance is repayable, an amount equal to that part.

Limits on grants under sections 34, 35, 36 and 37.

38. (1) The Minister shall not authorize payments to a State under sub-sections 34(1) and 35(1) that exceed, in the aggregate, the amount specified in column 2 of Schedule 7 opposite to the name of the State.

(2) The Minister shall not authorize payments to a State under subsections 36(1) and 37(1) that exceed, in the aggregate, the amount specified in column 3 of Schedule 7 opposite to the name of the State.

(a) this Act has effect as if the amounts specified in column 2 of Schedule 7 opposite to the names of those States were varied in accordance with the direction; or

(b) this Act has effect as if the amounts specified in column 3 of Schedule 7 opposite to the names of those States were varied in accordance with the direction,

and, where the Commonwealth Education Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-sections (4) and (5) ), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(4) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (5), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act has effect as if the amounts specified in columns 2 and 3 of Schedule 7 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this sub-section and sub-sections (3) and (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(5) A direction given under sub-section (3) or (4) shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in columns 2 and 3 of Schedule 7 opposite to the names of the States is greater or less than the total specified at the foot of column 4 of that Schedule.

PART VI—GRANTS IN RESPECT OF EDUCATION

DEVELOPMENT AND SERVICES

Definitions.

39. In this Part—

“approved education centre” means an education centre approved by the Minister under section 45;

“approved development and service activity”, in relation to a State, means—

(a) in-service teacher training in the State;

(b) enquiring into the feasibility of providing support services for government schools and non-government schools in the State, and the planning of support services; or

(c) an activity the purpose of which is to improve communication and understanding between teachers at government and non-government schools in the State, other persons employed at, or associated with, the administration of those schools, and pupils, and parents of pupils, at, and other members of the community interested in education at, those schools;

“education centre” means a body corporate, or a body of persons which the Minister is satisfied will become a body corporate during the year to which this Act applies—

(a) the members, or a majority of the members, of the governing body of which are persons employed as teachers at government schools and non-government schools;

(b) the sole or principal object of which is to improve the professional competence of teachers by methods that include the provision of in-service teacher training; and

“in-service teacher training” means teacher training of persons in employment as teachers at government schools and nongovernment schools.

Grants for recurrent expenditure in connexion with approved development and service activities.

40. (1) Subject to sub-section 44(1), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies in connexion with approved development and service activities in the State, of such amounts as the Minister determines.

(a) the relevant financial assistance will, as soon as is practicable, be applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with approved development and service activities in the State, being activities which are conducted (in whole or in part) during the year to which this Act applies;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the amount of the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

Reimbursement of moneys expended by States before commencing day on recurrent expenditure in connexion with approved development and service activities.

41. (1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys (in this section referred to as the “State expenditure”) which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with approved development and service activities in the State, otherwise than out of financial assistance granted to the State under any previous schools assistance Act, the Commonwealth Education Minister may, subject to sub-section 44(1), authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount of the State expenditure.

(a) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the State expenditure has been applied by the State; and

(3) Where, in relation to a request by the State Education Minister for a State, the relevant financial assistance is less than the State expenditure, the amount of the State expenditure shall, for the purposes of sub-paragraph (2)(a)(ii), be deemed to be so much of the State expenditure as is equal to the relevant financial assistance.

Grants for recurrent expenditure in connexion with the remuneration or replacement of teachers attending approved development and service activities.

42. (1) Subject to sub-section 44(2), the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies in connexion with the remuneration of teachers attending approved development and service activities in the State (being activities which involve full-time attendance and extend over a period of 2 weeks or more), or the replacement of teachers attending approved development and service activities of that kind, of such amounts as the Minister determines.

(i) the remuneration of teachers attending, during the year to which this Act applies, approved development and service activities in the State, being activities which involve full-time attendance, which extend over a period of 2 weeks or more and participation in which is not restricted to teachers at government schools or to teachers at non-government schools; or

(ii) the replacing of teachers during any period when they are so attending approved development and service activities of that kind except where expenditure in connexion with the remuneration of those teachers in respect of that period has been or is to be met (in whole or in part) out of the relevant financial assistance or out of other financial assistance constituted by a payment of moneys to the State under sub-section (1) or sub-section 43(1);

(b) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(ii) a statement in writing that summarizes the manner in which the relevant financial assistance has been applied by the State; and

(3) In this section, “teacher” includes—

(a) any person employed at a school and any person associated with the administration of a school or a school system, including a government school system; and

(b) any person included in a class of persons declared by the Minister to be a class of persons to be treated as teachers for the purposes of this section.

Reimbursement of moneys expended by States before commencing day on recurrent expenditure in connexion with the remuneration or replacement of teachers attending approved development and service activities.

43. (1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys (in this section referred to as the “State expenditure”) which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been applied by the State for the purposes of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with the remuneration of teachers attending approved development and service activities in the State (being activities which involve full-time attendance and extend over a period of 2 weeks or more), or the replacing of teachers attending approved development and service activities of that kind, otherwise than out of financial assistance granted to the State under any previous schools assistance Act, the Commonwealth Education Minister may, subject to sub-section 44 (2), authorize the payment to a State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount of the State expenditure.

(a) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(i) a certificate by an authorized person to the effect that the person has satisfied himself that an amount equal to the relevant financial assistance, was during the relevant period, applied by the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies in connexion with—

(A) the remuneration of teachers attending, during the year to which this Act applies, approved development and service activities in the State, being activities which involve full-time attendance, which extend over a period of 2 weeks or more and participation in which is not restricted to teachers at government schools or to teachers at non-government schools; or

(B) the replacing of teachers during any period when they are so attending approved development and service activities of that kind except where expenditure in connexion with the remuneration of those teachers in respect of that period has been or is to be met (in whole or in part) out of the relevant financial assistance or out of other financial assistance constituted by payment of moneys to the State under sub-section (1),

(ii) a statement in writing that summarizes the manner in which the State expenditure has been applied by the State; and

(b) if the State does not fulfil the condition that, under paragraph (a), is to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

(4) In this section, “teacher” includes any person employed at a school and any person associated with the administration of a school or a school system, including a government school system.

Limits on grants under sections 40, 41, 42 and 43.

44. (1) The Minister shall not authorize payments to a State under sub-sections 40(1) and 41(1) that exceed, in the aggregate, the amount specified in column 2 of Schedule 8 opposite to the name of the State.

(2) The Minister shall not authorize payments to a State under subsections 42(1) and 43(1) that exceed, in the aggregate, the amount specified in column 3 of Schedule 8 opposite to the name of the State.

(a) this Act has effect as if the amounts specified in column 2 of Schedule 8 opposite to the names of those States were varied in accordance with the direction; or

(b) this Act has effect as if the amounts specified in column 3 of Schedule 8 opposite to the names of those States were varied in accordance with the direction,

and, where the Commonwealth Education Minister gives a direction with respect to the variation of any such amounts, then, for the purposes of this Act (including this sub-section and sub-sections (4) and (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(4) At any time, and from time to time, during the year to which this Act applies, but subject to sub-section (5), the Commonwealth Education Minister may, at the request of the State Education Minister for a State, direct that this Act has effect as if the amounts specified in columns 2. and 3 of Schedule 8 opposite to the name of the State were varied in accordance with the direction, and, where the Commonwealth Education Minister gives a direction with respect to the variation of those amounts, then, for the purposes of this Act (including this sub-section and subsections (3) and (5)), there shall be deemed to have been specified in that Schedule (as from the commencing day), in substitution for those amounts, the amounts as so varied.

(5) A direction given under sub-section (3) or (4) shall not provide for the variation of any amounts in such a way that, after the variation, the aggregate of the amounts specified in columns 2 and 3 of Schedule 8 opposite to the names of the States is greater or less than the total specified at the foot of column 4 of that Schedule.

Approval of education centres.

45. Where the Minister is satisfied that—

(a) the membership of an education centre is not restricted to teachers or to teachers of a particular kind and the centre provides opportunities for parents of students at schools, and other persons interested in education, to take part in and to assist in, activities of the centre; or

(b) an education centre was, immediately before the commencing day, an approved teachers’ education centre for the purposes of Part VII of the existing Act,

the Minister may approve the education centre for the purposes of this Act.

Approval of building projects and equipment projects in connexion with approved education centres.

46. For the purposes of section 47, the Minister may approve building projects and equipment projects in connexion with approved education centres.

Grants for building projects and equipment projects in connexion with approved education centres.

47. (1) Subject to sub-section (2) and to section 49, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of a project approved under section 46, of such amounts as the Minister determines.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of a building project or equipment project in connexion with an approved education centre in the State (in this section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay to the governing body of the centre an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the centre as a payment in respect of that project made out of moneys provided to the State by the Commonwealth under sub-section (1);

(b) the payment (in this paragraph referred to as the “relevant payment”) to the governing body will not be made unless the governing body, before or at the time of accepting the payment agrees with the State to be bound by the following conditions: —

(i) the governing body will ensure that an amount equal to the relevant payment is (within a period of 6 months after the payment is made or within such further period as the Minister allows) applied for the purpose of meeting expenditure in respect of that project;

(ii) the governing body will cause to be furnished to the Minister (within a period of 3 months after the date of completion of the project or within such further period as the Minister allows)—

(B) a statement in writing that contains such information in respect of the project as is required by the Minister to be so furnished;

(iii) such other conditions (if any) as are specified in the approval of the project under section 46;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

(d) if the governing body of the approved education centre does not fulfil any condition to which, by virtue of paragraph (b), the governing body has agreed, the State will repay to the Commonwealth an amount equal to so much of the relevant financial assistance as is equal to any amount repaid to the State by, or recovered by the State from, the governing body.

Reimbursement of moneys expended by States before commencing day on grants for building and equipment projects in connexion with approved education centres.

48. (1) Where—

(a) the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been paid by the State to the governing body of an approved education centre in respect of a building project or an equipment project in connexion with the education centre; and

(b) the Commonwealth Education Minister is satisfied that the governing body of the centre has agreed with the State to be bound by conditions having the same effect in relation to that payment as the conditions which, under paragraph 47(3)(b), are required to be specified in an agreement referred to in that paragraph in relation to a payment to which that paragraph applies,

the Commonwealth Education Minister may, subject to section 49, authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount referred to in the request.

(2) The financial assistance to a State constituted by a payment of moneys under sub-section (1) is granted on the condition that, if the governing body referred to in sub-section (1) does not, in relation to the moneys paid to the governing body by the State, fulfil any condition of the kind referred to in paragraph (1)(b), the State will repay to the Commonwealth an amount equal to so much of the relevant financial assistance as is equal to any amount repaid to the State by, or recovered by the State from, the governing body.

Limit on grants under sections 47 and 48.

49. The Minister shall not authorize payments to the States under sub-sections 47(1) and 48(1) that exceed, in the aggregate, $400,000.

Grants for recurrent expenditure of approved education centres.

50. (1) Subject to section 52, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State in respect of recurrent expenditure in respect of the year to which this Act applies of an approved education centre in the State, of such amounts as the Minister determines.

(2) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of recurrent expenditure in respect of the year to which this Act applies of an approved education centre in the State (in this sub-section referred to as the “relevant financial assistance ”) is granted on the conditions that—

(a) subject to paragraph (b), the State will, without undue delay, pay the governing body of the centre an amount equal to the relevant financial assistance, and, in making the payment, will describe the amount paid to the governing body as a payment made out of moneys provided to the State by the Commonwealth under sub-section (1);

(b) the payment (in this paragraph referred to as the “relevant payment”) to the governing body will not be made unless the governing body, before or at the time of accepting the payment, agrees with the State to be bound by the following conditions:—

(ii) the governing body will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves)—

(A) a certificate by a qualified accountant to the effect that he has satisfied himself that an amount equal to the relevant payment has been applied for the purpose referred to in sub-paragraph (i);

(B) such financial statements relating to the centre as are required by the Minister to be so furnished; and

(C) a statement in writing that contains such other information in respect of the centre as is required by the Minister to be so furnished;

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance, the State will repay to the Commonwealth an amount equal to the relevant financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part; and

Reimbursement of moneys expended by States before commencing day on grants for recurrent expenditure of approved education centres.

51. (1) Where—

(a) the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been paid by the State to the governing body of an approved education centre in the State for the purpose of meeting recurrent expenditure in respect of the year to which this Act applies of the centre; and

(b) the Commonwealth Education Minister is satisfied that the governing body of the centre has agreed with the State to be bound by conditions having the same effect in relation to that payment as the conditions which, under paragraph 50(2)(b), are required to be specified in an agreement referred to in that paragraph in relation to a payment to which that paragraph applies,

the Commonwealth Education Minister may, subject to section 52, authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount referred to in the request.

Limit on grants under sections 50 and 51.

52. The Minister shall not authorize payments to the States under sub-sections 50(1) and 51(1) that exceed, in the aggregate, $860,000.

PART VII—GRANTS FOR SPECIAL PROJECTS

Approval of special projects.

53. Where—

(a) a project is being, or is to be, carried out in Australia with the sole or principal object of promoting change or innovation in, or in any matter relating to, primary or secondary education in Australia; and

(b) the Minister is satisfied that the project is special in some respect and that it is desirable that assistance in connexion with the project be provided under this Part,

the Minister may approve the project for the purposes of this Part.

Grants to States in respect of approved special projects.

54. (1) Subject to sub-section (2) of this section and to section 56, the Minister may authorize the payment to a State under this sub-section, by way of financial assistance to the State, in respect of a project that is being, or is to be, carried out by or in the State and has been approved by the Minister under section 53 (including a project that is being, or is to be carried out in conjunction with, or as part of, a project that is being, or is to be, carried out by or in another State or by the Commonwealth or in a Territory), of such amounts as the Minister determines.

(2) The Minister shall not authorize the payment of an amount to a State under sub-section (1) unless he is satisfied that the amount will be applied for the purpose of meeting commitments already undertaken or to be undertaken not later than 31 December 1976.

(3) The financial assistance to a State constituted by a payment of moneys under sub-section (1) in respect of a project (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) the relevant financial assistance will, without undue delay, be applied by the State for the purpose of carrying out the project, or for the purpose of enabling the project to be carried out;

(b) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves) a certificate by an authorized person to the effect that he has satisfied himself that the relevant financial assistance has been applied for the purpose referred to in sub-paragraph (a); and

(c) if the State does not fulfil the conditions that, under paragraphs (a) and (b), are to be observed by the State in relation to the relevant financial assistance the State will repay to the Commonwealth an amount equal to the financial assistance or, if the Minister determines that part only of the financial assistance is repayable, an amount equal to that part.

Reimbursement of moneys expended by States before commencing day on expenditure in respect of special projects.

55. (1) Where the State Education Minister for a State requests the Commonwealth Education Minister to authorize the reimbursement to the State of an amount of moneys (in this sub-section referred to as the “State expenditure”) which, during the period that commenced on 1 January 1976 and ended on the day immediately preceding the commencing day (in this section referred to as the “relevant period”), has been applied by the State for the purpose of meeting expenditure in respect of a project of a kind referred to in paragraphs 53 (a) and (b), otherwise than out of financial assistance granted to the State under any previous schools assistance Act, the Commonwealth Education Minister may, subject to section 56, authorize the payment to the State under this sub-section, by way of financial assistance to the State, of such amount as the Commonwealth Education Minister determines, being an amount that does not exceed the amount of the State expenditure.

(2) The financial assistance to a State constituted by a payment or payments of moneys under sub-section (1) (in this sub-section referred to as the “relevant financial assistance”) is granted on the conditions that—

(a) the State will cause to be furnished to the Minister (not later than 30 June 1977 or such later date as the Minister approves) a certificate by an authorized person to the effect that the person has satisfied himself that an amount equal to the relevant financial assistance was, during the relevant period, applied by the State for the purpose of meeting expenditure in respect of the special project referred to in the request referred to in sub-section (1), otherwise than out of financial assistance granted to the State under any previous schools assistance Act; and

Limit on grants under sections 54 and 55.

56. The Minister shall not authorize payments under sub-sections 54(1) and 55(1) that exceed, in the aggregate, $3,587,000.

PART VIII—MISCELLANEOUS

Minister may fix amounts, and times of payments, of financial assistance.

57. Financial assistance payable to a State under this Act shall be paid in such amounts, and at such times, as the Minister determines in accordance with arrangements approved by the Treasurer.

Repayment of amounts by a State to the Commonwealth.

58. An amount repayable by a State to the Commonwealth in accordance with any condition provided for in this Act is a debt due by the State to the Commonwealth.

Advances.

59. The Minister may, with the concurrence of the Treasurer, make arrangements for the making to a State, by way of financial assistance to the State, of advances on account of an amount that is expected to become payable under this Act to the State, and the conditions that would be applicable to a payment of the amount are applicable to any such advance.

Payments to be made out of consolidated Revenue Fund or Loan Fund.

60. Payments to a State under this Act may be made out of—

(a) in the case of payments under section 5, 6, 9, 10, 47 or 48, and advances under section 59 on account of payments of that kind—the Consolidated Revenue Fund or the Loan Fund; or

(b) in any other case—the Consolidated Revenue Fund.

Authority to borrow.

61. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911-1973, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts that may become payable to the States under sections 5, 6, 9, 10, 47 and 48.

Application of moneys borrowed.

62. Moneys borrowed under section 61 shall be issued and applied only for the expenses of borrowing and—

(a) for the purpose of making payments to the States under section 5, 6, 9, 10, 47 or 48;

(b) for the purpose of making advances under section 59 on account of payments of that kind; and

Reimbursement of Consolidated Revenue Fund from Loan Fund.

63. (1) Where a payment under section 5, 6, 9, 10, 47 or 48, or an advance under section 59 on account of a payment of that kind, has been made out of the Consolidated Revenue Fund, the Treasurer may authorize the payment to the Consolidated Revenue Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

(2) In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Treasurer under section 49 or 50 of the Audit Act 1901-1975, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

Appropriation.

64. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

Delegation by Minister.

65. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to the Schools Commission, or to a full-time member, or to full-time members, of the Commission, any of the Minister’s powers under this Act, other than—

(a) this power of delegation;

(b) his power to authorize payments to a State or to any person or body; or

(c) his powers under sub-sections 7(2), 7(3) and 14(1), paragraphs 14(5)(c) and (d), sub-section 17(1), paragraphs 17(5)(c) and (d), sub-sections 33(3), 33(4), 38(3), 38(4), 44(3) and 44(4), and sections 57 and 59.

(2) A power so delegated, when exercised by the delegate or delegates, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

Determinations, &c., to be in writing.

66. Any declaration, approval, authorization, determination, direction, notification or agreement made, given or entered into under this Act shall be made, given or entered into by instrument in writing.

Report by Minister.

67. The Minister shall, as soon as practicable after 30 June 1977, cause a report with respect to the financial assistance granted, and other payments authorized, by the Minister under this Act, and with respect to the application of that financial assistance and those payments, to be laid before each House of the Parliament.

Amendments of States Grants (Schools) Act 1972-1974.

68. (1) Section 8 of the States Grants (Schools) Act 1972-1974 is amended—

(a) by omitting from sub-section (2) the words “this Act” and substituting the words “this Part”; and

(b) by omitting sub-section (6).

(2) Paragraph (1)(b) shall be deemed to have come into operation on 19 December 1973.

(3) Section 9 of the States Grants (Schools) Act 1972-1974 is amended—

(a) by omitting from sub-paragraph (i) of paragraph (b) of sub-section (2) the words “not later than six months after the date of the payment” and substituting the words “within a period of 6 months after the date of the payment or within such further period as the Minister allows”;

(b) by omitting from sub-paragraph (i) of paragraph (b) of sub-section (2) the word “and”;

(c) by omitting from sub-paragraph (ii) of paragraph (b) of sub-section (2) the words “not later than nine months after the date of completion of that building project” and substituting the words “within a period of 3 months after the date of completion of that building project or within such further period as the Minister allows”; and

(d) by adding at the end of paragraph (b) of sub-section (2) the following word and sub-paragraph:—

“; and (iii) such other conditions (if any) as are specified in the approval of that building project under sub-section (1) of section 7.”.

(4) Section 17 of the States Grants (Schools) Act 1972-1974 is repealed and the following sections are substituted:—

Payments to be made out of Consolidated Revenue Fund or Loan Fund.

“17. Payments to a State under this Act may be made out of—

(a) in the case of payments under section 8, and advances under section 16 on account of payments under section 8—the Consolidated Revenue Fund or the Loan Fund; or

(b) in any other case—the Consolidated Revenue Fund.

Authority to borrow.

“17a. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911-1973, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts that have been paid since 30 June 1975, or that may become payable, to the States under section 8.

Application of moneys borrowed.

“17b. Moneys borrowed under section 17a shall be issued and applied only for the expenses of borrowing and—

(a) for the purpose of making payments to the States under section 8;

(b) for the purpose of making advances under section 16 on account of payments under section 8; and

Reimbursement of Consolidated Revenue Fund from Loan Fund.

“17c. (1) Where a payment under section 8, or an advance under section 16 on account of a payment under section 8, has, after 30 June 1975, been made out of the Consolidated Revenue Fund, the Treasurer may authorize the payment to the Consolidated Revenue Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

“(2) In any statement of the receipts and expenditure, or of the expenditure, of the Consolidated Revenue Fund prepared by the Treasurer under section 49 or 50 of the Audit Act 1901-1975, amounts paid to the Consolidated Revenue Fund under sub-section (1) of this section shall not be shown as receipts of that Fund but shall be shown as having reduced the total of the amounts expended from that Fund under this Act.

Appropriation.

“17d. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

(5) The States Grants (Schools) Act 1972-1974, as amended by subsections (1), (3) and (4), may be cited as the States Grants (Schools) Act 1972-1976.

Amendments of States Grants (Schools) Act 1973-1974.

69. (1) Section 9 of the States Grants (Schools) Act 1973-1974 is amended—

(a) by inserting in sub-section (1), before the words “States Grants (Science Laboratories) Act 1971” the words “States Grants (Science Laboratories) Act 1968 or under the”;

(b) by omitting from sub-section (2) the words “, during the period to which this Act applies,”; and

“(2a) The Minister shall not, after the period to which this Act applies, authorize the payment of an amount to a State under this section unless the Minister is satisfied that the amount will be applied for the purpose of meeting commitments undertaken during, or before the commencement of, that period.

(2) Section 58 of the States Grants (Schools) Act 1973-1974 is repealed and the following sections are substituted:—

Payments of be made out of consolidated Revenue Fund or Loan Fund

“58. Payments to a State under this Act may be made out of—

(a) in the case of payments under section 4, 7, 9, 17, 20, 22, 26, 29, 35 or 47, and advances under section 57 on account of payments of that kind—the Consolidated Revenue Fund or the Loan Fund; or

(b) in any other case—the Consolidated Revenue Fund.

Authority to borrow

“58a. The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911-1973, or in accordance with the provisions of an Act authorizing the issue of Treasury Bills, borrow moneys not exceeding in the aggregate the sum of the amounts that have been paid since 30 June 1975, or that may become payable, to the States under sections 4, 7, 9, 17, 20, 22, 26, 29, 35 and 47.

Application of moneys borrowed.

“58b. Moneys borrowed under section 58a shall be issued and applied only for the expenses of borrowing and—

(a) for the purpose of making payments to the States under section 4, 7, 9, 17, 20, 22, 26, 29, 35 or 47;

(b) for the purpose of making advances under section 57 on account of payments of that land; and

Reimbursement of Consolidated Revenue Fund from Loan Fund.

“58c. (1) Where a payment under section 4, 7, 9, 17, 20, 22, 26, 29, 35 or 47, or an advance under section 57 on account of a payment of that kind, has, after 30 June 1975, been made out of the Consolidated Revenue Fund, the Treasurer may authorize the payment to the Consolidated Revenue Fund, out of the Loan Fund, of an amount not exceeding the amount so paid.

Appropriation.

“58d. The Consolidated Revenue Fund and the Loan Fund are appropriated as necessary for the purposes of this Act.

(3) The States Grants (Schools) Act 1973-1974, as amended by subsection (1) and (2), may be cited as the States Grants (Schools) Act 1973-1976.

Regulations.

70. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

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SCHEDULE 1 Sections 7 and 13

GOVERNMENT SCHOOLS-BUILDING AND EQUIPMENT PROJECTS AND RECURRENT EXPENDITURE

Column 1		Column 2	Column 3	Column 4
Name of State		Building and Equipment Projects	Recurrent Expenditure	Totals
		$	$	$
New South Wales .....................		22,247,000	59,601,000	81,848,000
Victoria............................		19,618,000	48,997,000	68,615,000
Queensland .........................		10,227,000	23,800,000	34,027,000
South Australia ......................	6,388,000		15,106,000	21,494,000
Western Australia .....................	5,749,000		11,918,000	17,667,000
Tasmania...........................	1,571,000		4,512,000	6,083,000
Totals.............................	65,800,000		163,934,000	229,734,000

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SCHEDULE 2 Section 9

NON-GOVERNMENT SCHOOLS-BUILDING AND EQUIPMENT PROJECTS

Column 1	Column 2
Name of State	Amounts
	$
New South Wales..............................................	3,693,000
Victoria ....................................................	3,821,000
Queensland..................................................	1,777,000
South Australia ...............................................	716,000
Western Australia.............................................	770,000
Tasmania ...................................................	228,000
Total .................................................	11,005,000

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SCHEDULE 3 Paragraph 11(2)(a) and section 20

RECURRENT EXPENDITURE-MIGRANT EDUCATION

Column 1	Column 2	Column 3	Column 4
Name of State	Government schools	Non-government schools	Totals
	$	$	$
New South Wales .......................	5,081,000	1,678,000	6,759,000
Victoria..............................	7,347,000	2,016,000	9,363,000
Queensland ...........................	420,000	78,000	498,000
South Australia .........................	1,146,000	706,000	1,852,000
Western Australia .......................	458,000	990,000	1,448,000
Tasmania.............................	282,000	10,000	292,000
Totals...........................	14,734,000	5,478,000	20,212,000

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SCHEDULE 4 Sections 14 and 17

RECURRENT EXPENDITURE—LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SCHOOLS

Column 1	Column 2	Column 3
Level of assistance	Amount per primary school student	Amount per secondary school student
	$	$
1 .............................................	72	108
2 .............................................	100	154
3 .............................................	128	200
4 .............................................	156	246
5 .............................................	184	292
6 .............................................	212	338

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SCHEDULE 5 Sections 23 and 28

DISADVANTAGED SCHOOLS

Column 1	Column 2	Column 3	Column 4
Name of State	Government schools	Non-government schools	Totals
	$	$	$
New South Wales .........................	4,780,000	760,000	5,540,000
Victoria...............................	4,920,000	900,000	5,820,000
Queensland .............................	1,380,000	120,000	1,500,000
South Australia ..........................	1,350,000	180,000	1,530,000
Western Australia ........................	790,000	100,000	890,000
Tasmania..............................	280,000	40,000	320,000
Totals............................	13,500,000	2,100,000	15,600,000

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SCHEDULE 6 Section 33

SPECIAL SCHOOLS

Column 1	Column 2	Column 3	Column 4
Name of State	Government schools	Non-government schools	Totals
	$	$	$
New South Wales .........................	2,930,000	1,142,000	4,072,000
Victoria................................	2,070,000	1,114,000	3,184,000
Queensland .............................	1,210,000	532,000	1,742,000
South Australia ..........................	900,000	85,000	985,000
Western Australia .........................	770,000	115,000	885,000
Tasmania...............................	320,000		320,000
Totals............................	8,200,000	2,988,000	11,188,000

SCHEDULE 7 Section 38

SPECIAL EDUCATION TEACHER TRAINING COURSES AND RELATED TEACHER REMUNERATION OR REPLACEMENT

Column 1	Column 2	Column 3	Column 4
Name of State	Special education training	Teacher remuneration and teacher replacement	Totals
	$	$	$
New South Wales .........................	274,000	2,021,000	2,295,000
Victoria................................	218,000	1,641,000	1,859,000
Queensland .............................	121,000	859,000	980,000
South Australia ..........................	75,000	552,000	627,000
Western Australia .........................	65,000	484,000	549,000
Tasmania...............................	29,000	213,000	242,000
Totals............................	782,000	5,770,000	6,552,000

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SCHEDULE 8 Section 44

DEVELOPMENT AND SERVICE ACTIVITIES

Column 1	Column 2	Column 3	Column 4
Name of State	Approved development and service activities	Teacher remuneration and teacher replacement	Totals
	$	$	$
New South Wales ........................	2,120,000	680,000	2,800,000
Victoria...............................	1,800,000	550,000	2,350,000
Queensland .............................	862,000	281,000	1,143,000
South Australia ..........................	605,000	185,000	790,000
Western Australia ........................	469,000	153,000	622,000
Tasmania..............................	227,000	69,000	296,000
Totals............................	6,083,000	1,918,000	8,001,000

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