States Grants (Schools Assistance) Act 1983 No. 119 of 1983 - SECT 3 Interpretation
States Grants (Schools Assistance) Act 1983 No. 119 of 1983 - SECT 3
Interpretation3. (1) In this Act, unless the contrary intention appears- ''approved education centre'' means an education centre approved by the Minister under sub-section 4 (6); ''approved ethnic schools authority'' means a body approved by the Minister under section 49; ''approved professional development activities'' means- (a) in-service teacher training; (b) inquiries into the feasibility of providing support services for government schools and non-government schools in a State, or the planning of such support services; or (c) activities the purpose of which is to improve communication and understanding between teachers at government schools and teachers at non-government schools in a State, other persons employed at, or associated with the administration of, those schools, and students, and parents of students, at, and other members of the community interested in education at, those schools; ''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 investigation of the need for- (i) schools, or schools of particular kinds, in a State or a part of a State; or (ii) a building or other facilities; (b) the purchase of land, with or without buildings; (c) the planning, erection, alteration or extension of a building or other facilities; (d) the development or preparation of land for building or other purposes; and (e) the installation of water, electricity or other services; ''certificate by an authorized person'', in relation to a condition contained in a section of this Act that requires a certificate to be furnished by a State to the Commonwealth Education Minister, means a certificate signed by the person authorized by the State Education Minister for the State to sign that certificate; ''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 in force in a State or Territory; (b) a member of the Institute of Chartered Accountants in Australia or 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; ''co-educational school'' means a school the students at which comprise, or, in the case of a proposed school, are to comprise, both male students and female students; ''commencing day'' means the day on which this Act receives the Royal Assent; ''Commonwealth Education Minister'' means the Minister; ''Commonwealth Schools Commission'' means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973; ''disadvantaged school'' means- (a) a government school in a State that the State Education Minister for the State notifies 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; or (b) a non-government school in a State that the Minister declares, under sub-section 4 (2), to be a disadvantaged school for the purposes of this Act; ''developing area'' means a geographical area that is, in accordance with criteria determined under sub-section (20), a developing area for the purposes of this Act; ''education centre'' means a body corporate, or a body of persons that the Minister is satisfied will, during the year 1984, become a body corporate- (a) the members, or a majority of the members, of the governing body of which are persons employed as teachers at government schools or non-government schools; (b) the sole or principal object of which is to improve the professional competence of teachers by methods that include the provisions of in-service teacher training; and (c) which is not conducted for the profit, direct or indirect, of an individual or individuals; ''education in English as a second language for eligible new arrivals'' means education that is provided for the purpose of teaching, by means of intensive instruction, the English language to eligible new arrivals; ''eligible new arrival'' means a person whose first language is a language (not being the English language) of a country other than Australia and who arrived in Australia after 31 July 1983; ''equipment project'' means a project for or in relation to the provision of equipment, library material or furniture and includes a project for obtaining services or goods relating to the cataloguing of a library; ''general education in English as a second language'' means education that is provided- (a) for the purpose of teaching the English language to students whose first language is a language other than the English language; and (b) for the purpose of giving instruction to those students and other students in relation to the culture of peoples of the Aboriginal race of Australia or of peoples who have migrated to Australia; ''government centre'' means a centre in a State providing special education that is conducted by or on behalf of the Government of the State; ''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 a proposed government school at which primary education is to be 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, or proposed to be 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 a proposed government school at which secondary education is to be 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; ''in-service teacher training'' means teacher training of persons in employment as teachers at government schools or non-government schools; ''integration activities'' means activities the purpose of which is to integrate handicapped children into schools, or other places of education approved by the Minister for the purposes of this definition, at which education is provided for children other than handicapped children; ''library material'' includes books, periodicals, computer software, newspapers, films, sound recordings, musical scores, maps, plans, pictures, photographs and prints; ''multicultural education'' means education, not being education contained in a program of ethnic education, that- (a) is provided for students attending government schools or non-government schools; and (b) is designed to take account of the culture of peoples of the Aboriginal race of Australia or of peoples who have migrated to Australia, including, without limiting the generality of the foregoing, education that is provided by way of instruction in languages (other than the English language) spoken by those peoples; ''non-government centre'' means a centre in a State providing special education that is not conducted by or on behalf of the Government of the State, but does not include a centre conducted for the profit, direct or indirect, of an individual or individuals; ''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 a proposed non-government school in a State at which primary education is to be 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, or proposed to be conducted, by or on behalf of the Government of the State, but does not include a school conducted, or proposed to be 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 a proposed non-government school in a State at which secondary education is to be 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-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; ''peoples of the Aboriginal race of Australia'' includes peoples of the race to which Torres Strait Islanders belong; ''prescribed country area'' means an area in a State that the State Education Minister for the State notifies the Commonwealth Education Minister, under sub-section 4 (4), is an area that should, in the opinion of the State Education Minister, be treated as a prescribed country area for the purposes of this Act; ''prescribed special education'' means education under special programs designed specifically for handicapped children, being children in a State who have not attained the age at which children are required by a law of that State to attend school, other than such education conducted- (a) by, or on behalf of, a State; or (b) for the profit, direct or indirect, of an individual or individuals; ''previous schools assistance Act'' means the States Grants (Schools Assistance) Act 1982 or any other Act that came into operation before the commencing day and provided, or provides, for the granting of financial assistance to the States, or to the States and the Northern Territory, for and 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; ''program of computer education'' means a program designed for all or any of the following purposes: (a) to train teachers in the use of computers, including but without limiting the generality of the foregoing, the use of computers as teaching aids; (b) to assist students to acquire an understanding of computer technology and of the social, environmental, industrial and economic effects of computers; (c) to increase the access of disadvantaged persons to computers; ''program of ethnic education'' means a program of instruction, on a part-time basis, the purpose of which is to teach students undertaking the program a language (not being the English language) that is the first language of peoples of the Aboriginal race of Australia or of peoples who have migrated to Australia, either alone or together with cultural instruction related to people speaking that language as their first language, other than such a program in which political or religious instruction is predominant; ''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 education 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 furnished to the Commonwealth Education Minister by the State Education Minister for the State in relation to the institution or home, declares to be a residential institution for the purposes of this Act; ''school'' includes a proposed school, or an institution or proposed institution similar to a school, but does not include- (a) a school or institution at which education is provided at a standard (however described) that is pre-school standard only or a proposed school or institution at which it is proposed that education be provided at a standard (however described) that is pre-school standard only; or (b) where the State Education Minister for a State notifies the Commonwealth Education Minister that a specified school or institution in the State 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 a school in need of short-term emergency assistance for the purposes of this Act; ''school serving a predominantly Aboriginal community'' means a school that the Minister declares, under sub-section 4 (7), to be a school serving a predominantly Aboriginal community for the purposes of this Act; ''schools census date'', in relation to a State, means the date in the year 1984 as at which the Australian Statistician compiles statistics in relation to the numbers of students in schools in the State; ''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; ''severely handicapped child'' means- (a) a handicapped child in a State to whom paragraph (b) does not apply, being a child- (i) for whom, by reason of his disability, enrolment at a school, at a government centre or at a non-government centre, is not appropriate; or (ii) who is enrolled at a school, at a government centre or at a non-government centre but who cannot receive, by reason of his disability, a substantial proportion of the benefits ordinarily available to children enrolled at that school or centre; or (b) a handicapped child in a State who has not attained the age at which children are required by a law of that State to attend school, being a child- (i) for whom, by reason of his disability, when he attains that age, enrolment at a school, at a government centre or at a non-government centre will not be, or will be unlikely to be, appropriate; (ii) who, if when he attains that age he is enrolled at a school, at a government centre or at a non-government centre, will not receive, or will be unlikely to receive, by reason of his disability, a substantial proportion of the benefits ordinarily available to children enrolled at such a school or centre; ''special education'' means education under special programs designed specifically for handicapped children; ''State Education Minister'' means- (a) in relation to a State-the Minister of the Crown of the State who is responsible, or principally responsible, for the administration of matters relating to primary education and secondary education in the State; and (b) in relation to the Northern Territory-the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to primary education and secondary education in the Northern Territory; ''student'' means- (a) in relation to a program of ethnic education- (i) a person who is undertaking either on a full-time basis or on a part-time basis, primary education or secondary education at a government school or a non-government school; or (ii) a person (other than a person referred to in sub-paragraph (i) or a person who has attained, or will, before 1 January 1985, attain, the age of 20 years) who is undertaking, either on a full-time basis or on a part-time basis, technical and further education within the meaning of the Commonwealth Tertiary Education Commission Act 1977 at an institution that is a technical and further education institution within the meaning of that Act; or (b) in any other case-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, under this section, to be a systemic school for the purposes of this Act; ''the year 1984'' means the year commencing on 1 January 1984. (2) A reference in this Act to a State shall, unless the contrary intention appears, be read as including a reference to the Northern Territory and a reference in this Act to a Territory shall, unless the contrary intention appears, be read as not including a reference to the Northern Territory. (3) References in this Act to government primary schools, government secondary schools, non-government primary schools, non-government secondary schools, systemic schools and non-systemic schools shall not be taken, by reason of the express references in this Act to special education, as not including references to such schools at which special education is provided. (4) A reference in this Act to a building project shall, unless the contrary intention appears, be read as including a reference to a project that is in part a building project and in part an equipment project. (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 residential institutions, as not including references to disadvantaged 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 and to residential institutions, as not including references to disadvantaged 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 and to residential institutions, as not including references to disadvantaged 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 and to residential institutions, as not including references to disadvantaged schools and residential institutions that are non-systemic schools. (6) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of the definition of ''approved school system'' or ''residential institution'' in sub-section 3 (1) of the States Grants (Schools Assistance) Act 1982, the declaration shall, on and after that day, be deemed to be a declaration made under this Act for the purposes of the definition of ''approved school system'' or ''residential institution'', as the case requires, in sub-section (1) of this section. (7) For the purposes of this Act, where, immediately before the commencing day, an approval was in force for the purposes of paragraph (c) of the definition of ''certificate by a qualified accountant'' in sub-section 3 (1) of the States Grants (Schools Assistance) Act 1982, the approval shall, on and after that day, be deemed to be an approval given under this Act for the purposes of paragraph (c) of the definition of ''certificate by a qualified accountant'' in sub-section (1) of this section. (8) For the purposes of this Act, the reference in paragraph (b) of the definition of ''building project'' in sub-section (1) to the purchase of land, with or without buildings, shall, in relation to building projects in connection with non-government primary schools and non-government secondary schools, be read as including a reference to the taking on lease of land or buildings. (9) For the purposes of this Act, where, immediately before the commencing day, a declaration was in force for the purposes of the definition of ''systemic school'' in sub-section 3 (1) of the States Grants (Schools Assistance) Act 1982 , in respect of a school, that school shall, on and after 1 January 1984, be deemed to have been declared under this section to be a systemic school unless the Minister- (a) is satisfied that the school has undergone a substantial change in its character by reason of- (i) a change in the location of the school that has resulted, or is likely to result, in a substantially different body of students attending the school; or (ii) the provision or proposed provision at the school of education at a level other than a level at which education was provided when the school was last declared, or deemed to have been declared, under the States Grants (Schools Assistance) Act 1982 to be a systemic school, not being education provided in accordance with a plan for the development of the school that was publicly announced at the time of its establishment; and (b) by notice in writing, given, before 1 January 1984, to the person or body declared, for the purposes of section 23, to be the approved authority of the approved school system in which the school is included, informs that authority that the Minister proposes to reconsider the declaration of the school as a systemic school. (10) Where the approved authority in relation to an approved school system receives a notice under paragraph (9) (b) in relation to a school included in that system, the approved authority may make such submissions, in writing, to the Minister as the approved authority considers appropriate. (11) Where the Minister is satisfied, in respect of a school that is situated in a State and included in an approved school system, being- (a) a school- (i) in relation to which a notice has been served under paragraph (9) (b); or (ii) in relation to which there was no declaration in force for the purposes of the definition of ''systemic school'' in sub-section 3 (1) of the States Grants (Schools Assistance) Act 1982 immediately before the commencing day; or (b) if a school referred to in paragraph (a) provides education at more than one level-that school in so far as it provides education at a particular level, that- (c) the school has been recognized as a school by the State Education Minister of the State; (d) the school is not conducted for the profit, direct or indirect, of an individual or individuals; (e) the school has been the subject of adequate consultation with education authorities of the State; (f) if the school is, or is to be, situated in an area other than a developing area-the school is not likely to have a significant adverse effect upon the viability of the existing government or non-government schools (if any) in that first-mentioned area; and (g) the school has reasonable prospects of long term viability, the Minister may, by notice published in the Gazette, declare the school, or the school in so far as it provides education at that level, to be a systemic school for the purposes of this Act. (12) The Minister shall, as soon as practicable after 31 December 1983, cause a list of systemic schools to be published in the Gazette. (13) For the purposes of this Act- (a) where moneys have been applied for a purpose, being the purpose of meeting expenditure of a particular kind, the moneys shall not be treated as having been applied for that purpose in pursuance of a condition specified in a section of this Act that requires a State to ensure that an amount is applied for that purpose- (i) if the moneys have been treated by the State, or will be treated by the State, as having been applied for that purpose in pursuance of a condition specified in another section of this Act that also requires the State to ensure that an amount is applied for that purpose; or (ii) if the moneys were applied for that purpose in pursuance of a condition subject to which financial assistance was granted to the State under a previous schools assistance Act; and (b) where moneys have been applied for a purpose, being the purpose of meeting expenditure of a particular kind, the moneys shall not be treated as having been applied for that purpose in pursuance of a condition of a relevant agreement between the Commonwealth and an approved authority- (i) if the moneys have been treated by the approved authority, or will be treated by the approved authority, as having been applied for that purpose in pursuance of another condition of that agreement, or of a condition of another relevant agreement between the Commonwealth and the approved authority, that also requires the approved authority to ensure that an amount is applied for that purpose; or (ii) if the moneys were applied for that purpose in pursuance of a condition of an agreement between the State and the approved authority, being an agreement made for the purposes of a condition subject to which financial assistance was granted to the State under a previous schools assistance Act. (14) In sub-section (13), a reference to a relevant agreement between the Commonwealth and an approved authority shall be read as an agreement made between the Commonwealth and an approved authority for the purposes of the condition specified in paragraph 21 (2) (b), 23 (9) (b), 24 (9) (b), 26 (2) (b), 27 (2) (b), 29 (2) (b), 30 (2) (b), 31 (2) (b), 32 (2) (b), 34 (3) (c), 37 (2) (b), 38 (2) (b), 42 (3) (b), 51 (2) (b) or 61 (2) (b). (15) In sub-sections (13) and (14), a reference to an approved authority shall be read as a reference to the approved authority of a non-government school, the approved authority of an approved school system, the approved authority of a non-systemic school, the approved authority of a non-government centre, the governing body of an approved education centre or an approved ethnic schools authority, as the case requires. (16) For the purposes of this Act, a building project or equipment project that has been, is being or is to be carried out for purposes connected with a school, an approved education centre or the education of certain students shall be treated as a building project or equipment project in connection with the school, the approved education centre or the education of those students, as the case may be, notwithstanding that it is also being carried out for other educational purposes or for community purposes. (17) Unless the contrary intention appears, a reference in a provision of this Act to an approved authority, in relation to an approved school system, a non-government school, a non-systemic school or a non-government centre shall be read as a reference to a person or body that the Minister declares to be the approved authority of that school system, of that school or of that centre, as the case may be, for the purposes of that provision. (18) Where- (a) a co-educational school is organized on the basis that one or more of the levels of education provided at that school is or are available only to students of one sex; and (b) a particular project or program in connection with the school or particular expenditure of the school relates solely or principally to a level of education of the kind referred to in paragraph (a), the benefits of, and the opportunities created by, the project, program or expenditure, as the case requires, shall not be taken, for the purposes of this Act, not to be equally available to male students and female students at the school. (19) Where- (a) the benefits of, or the opportunities created by, a particular project or program or particular expenditure, would not, but for this sub-section, be equally available to male students and female students or to male children and female children; and (b) an object of the project, program or expenditure is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure that persons of that sex have equal opportunities with persons of the other sex in connection with education or training, the benefits of, or the opportunities created by, the project, program or expenditure as the case requires shall not be taken, for the purposes of this Act, not to be equally available to male students and female students or to male children or female children, as the case may be. (20) The Minister may, by notice published in the Gazette determine criteria for the identification of a geographical area as a developing area for the purposes of this Act.