Commonwealth Numbered Acts

States Grants (Schools Assistance) Act 1983 No. 119 of 1983 - SECT 29

schools

29. (1) The Minister may authorize the payment to a State under this section,
by way of financial assistance to the State in respect of recurrent
expenditure of an approved school system in the State in connection with
education in English as a second language for eligible new arrivals provided
at or in connection with systemic schools in the school system, of such
amounts as the Minister determines, being amounts that do not exceed, in the
aggregate, an amount equal to the product of the amount that is determined by
the Minister under section 5 to be the level at which financial assistance is
to be provided in respect of each eligible new arrival receiving education in
English as a second language and the number of eligible new arrivals who will
receive that education provided at or in connection with systemic schools in
that school system.

(2) Financial assistance is granted to a State under this section in respect
of recurrent expenditure of an approved school system in the State in
connection with education in English as a second language for eligible new
arrivals provided at or in connection with systemic schools in the school
system 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 each
        amount paid to the State under this section in relation to the school
        system, and, in making the payment, will describe the amount paid to
        the approved authority as a payment made out of moneys provided to the
        State by the Commonwealth under this section; and

   (b)  the State will not make a payment to the approved authority under this
        section unless the Commonwealth Education Minister furnishes to the
        State Education Minister for the State a certificate to the effect
        that the approved authority has agreed with the Commonwealth to be
        bound by the following conditions:

        (i)    the approved authority will ensure that an amount equal to the
               sum of the amounts paid to the approved authority under this
               section is applied for the purpose of meeting
               recurrent expenditure, in respect of courses commencing in
               1984, of those schools, and of the approved authority in
               respect of those schools, in such proportions as the
               Commonwealth Education Minister determines, in connection with
               education in English as a second language for
               eligible new arrivals provided at or in connection with those
               schools;

        (ii)   the approved authority will ensure that each eligible new
               arrival for whom a course of that education is provided,
               commencing in that year, at or in connection with a
               systemic school in the approved school system-

                (A)  enrolled in the course before 1 May 1984 or before the
                     date occurring 6 months after the date of his arrival in
                     Australia, whichever is the later date;

                (B)  at the time of enrolling in the course, is undertaking,
                     or has an intention to undertake either before or as soon
                     as practicable after his completion of the course,
                     primary education or secondary education at a
                     government school or non-government school; and

                (C)  if he arrived in Australia before 1 November 1983-did not
                     undertake, or commence to undertake, in Australia, a
                     course similar to that course before that date;

        (iii)  the approved authority will ensure that the benefits of, and
               the opportunities created by, the application of an amount
               equal to so much of that amount as is applied for the purpose
               of meeting expenditure of the kind referred to in sub-paragraph
               (b) (i), being expenditure of co-educational schools, and of
               the approved authority in respect of those schools, are, as far
               as practicable, equally available to male students and female
               students at those schools;

        (iv)   the approved authority will cause to be furnished to the
               Commonwealth Education Minister (not later than 30 June 1985 or
               such later date as the Commonwealth Education Minister
               approves)-

                (A)  a certificate by a qualified accountant to the effect
                     that he has satisfied himself that the condition
                     specified in sub-paragraph (i) has been fulfilled; and

                (B)  a statement, in writing, that contains such information
                     in respect of education in English as a second language
                     for eligible new arrivals provided at or in connection
                     with any systemic school or schools in the
                     approved school system as is required by the
                     Commonwealth Education Minister to be so furnished;

        (v)    if the approved authority does not fulfil a condition specified
               in sub-paragraph (i), (ii), (iii) or (iv), the authority will,
               if the Commonwealth Education Minister so determines, pay to
               the Commonwealth such amount (not being an amount greater than
               the sum of the amounts paid to the approved authority under
               this section) as the Commonwealth Education Minister determines
               should be paid by the approved authority.