Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1976 No. 133, 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, that consists of non-government schools and that 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 of 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 country area'' means an area that the Minister declares, under
sub-section 4 (4), to be a disadvantaged country area for the purposes of this
Act;

''disadvantaged school'' means-

   (a)  a government school in a State that the State Education Minister for
        the State informs the Commonwealth Education Minister, under
        sub-section 4 (1), is a school that should, in the opinion of the
        State Education Minister, be treated as a disadvantaged school for the
        purposes of this Act; and

   (b)  a non-government school that the Minister declares, under sub-section
        4 (2), 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;

''government disadvantaged school'' means a government primary school, or a
government secondary school, that 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 States Grants (Schools) Act 1976
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;

''residential institution'' means an institution or home in a State that
(whether or not it is an institution or home at which primary or secondary
education is also provided) provides residential care for children and is
conducted for welfare, correctional or similar purposes, being an institution
or home that the Commonwealth Education Minister, having regard to any advice
in relation to the institution or home furnished to him by the State Education
Minister for the State, declares to be a residential institution for the
purposes of this Act;

''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;

''school in need of short-term emergency assistance'' means a school that the
Minister declares, under sub-section 4 (5), to be, for the purposes of this
Act, a school in need of short-term emergency assistance;

''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 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)  that the State Education Minister for the State informs the
        Commonwealth Education Minister should, in the opinion of the
        State Education Minister, be treated as 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 education 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, that is included in an approved school system
and that the Minister declares to be a systemic school for the purposes of
this Act;

''year to which this Act applies'' means the year commencing on 1 January
1977.

(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 that 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) 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,
        government special schools and residential institutions, as not
        including references to disadvantaged schools, special schools and
        residential institutions 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, non-government special schools
        and residential institutions, as not including references to
        disadvantaged schools, special schools and residential institutions
        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, non-government special schools and residential institutions,
        as not including references to disadvantaged schools, special schools
        and residential institutions 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, non-government special schools and
        residential institutions, as not including references to
        disadvantaged schools, special schools and residential institutions
        that are non-systemic schools.

(5) Where, immediately before the commencement of this Act, a declaration is
in force for the purposes of the definition of ''approved authority'' in
sub-section 3 (1) of the States Grants (Schools) Act 1976, a declaration is in
force for the purposes of the definition of ''approved school system'' in that
sub-section or a declaration is in force for the purposes of the definition of
''systemic school'' in that sub-section, the declaration shall, upon the
commencement of this Act, be deemed, for the purposes of this Act, to be a
declaration made for the purposes of the definition of ''approved authority'',
''approved school system'' or ''systemic school'', as the case requires, in
sub-section (1) of this section and shall have effect accordingly for the
purposes of this Act.