Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS) ACT 1976 No. 35, 1976 - SECT 9

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.

(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 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.