STATES GRANTS (SCHOOLS) ACT 1976 No. 35, 1976 - SECT 37 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.

STATES GRANTS (SCHOOLS) ACT 1976 No. 35, 1976 - SECT 37

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.

(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
               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,
                     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.

(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.