Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS) ACT 1976 No. 35, 1976 - SECT 3

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;

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

   (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

   (c)  a person approved by the Minister as a qualified accountant for the
        purposes of this Act;

''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.