Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 9

9. (1) Subject to section 10, the Minister may authorize the payment to a
State under this section, by way of financial assistance to the State in
respect of expenditure in relation to building projects and equipment projects
in connection with government primary schools and government secondary schools
in the State, of such amounts as the Minister determines.

(2) Financial assistance is granted to a State under this section on the
conditions that-

   (a)  the State will ensure that an amount equal to the sum of the amounts
        of financial assistance paid to the State under this section is
        applied by the State for the purpose of meeting expenditure, in
        respect of commitments already undertaken, or to be undertaken, not
        later than 31 December 1985, in relation to building projects and
        equipment projects in connection with government primary schools and
        government secondary schools in the State, other than projects the
        sole or principal object, or one of the principal objects, of which is
        to provide housing or other residential accommodation in any capital
        city for teachers or other staff; and

   (b)  if, at or before the time of the payment of an amount of financial
        assistance to the State under this section, the Minister determines
        that so much of that amount as is represented by a specified amount is
        to be taken to have been paid to the State for a specified
        prescribed purpose (in this
section referred to as a "designated amount" in relation to that prescribed
purpose), the State will ensure that-

        (i)    in the application, as mentioned in paragraph (a), of the
               amount first referred to in that paragraph, not less than so
               much of that last-mentioned amount as is equal to the sum of
               the designated amounts in relation to a prescribed purpose is
               applied by the State for the purpose of meeting expenditure
               that relates to the prescribed purpose; and

        (ii)   in the application, as mentioned in paragraph (a), of so much
               of the amount first referred to in that paragraph as is equal
               to the sum of the designated amounts in relation to the
               prescribed purpose referred to in
paragraph (a) of the definition of "prescribed purpose" in sub-section (7)-not
more than the prescribed maximum amount is applied by the State for the
purpose of meeting expenditure in relation to any particular school that
relates to that prescribed purpose.

(3) The sum of the designated amounts that are determined by the Minister
under paragraph (2) (b) to have been paid to a State in relation to a
particular prescribed purpose shall not exceed the amount specified opposite
to the name of the State in whichever of columns 3, 4, 5 or 6 of Schedule 1
relates to that prescribed purpose.

(4) Subject to sub-section 3 (12), a State may, for the purposes of this
section, treat amounts that have been applied by the State after 30 September
1984 and before the commencing day, for the purpose of meeting expenditure in
relation to a building project or equipment project in connection with a
government primary school or a government secondary school in the State, as
having been so applied by the State after that day.

(5) The Minister shall not authorize a payment to a State under sub-section
(1) unless and until the Commonwealth Education Minister is satisfied that
arrangements have been made in accordance with which-

   (a)  the State will, at such times as the Commonwealth Education Minister
        and the appropriate Minister of the State agree are appropriate, give
        to the Commonwealth Education Minister particulars of the projects to
        which the State, at the time at which it gives the particulars,
        proposes to apply, or has applied, amounts for the purposes of
        sub-section (2); and

   (b)  the State will ensure that recognition of the extent to which projects
        to which the State proposes to apply, or has applied, amounts for
        those purposes are attributable to funds provided by the Commonwealth
        will be given in ways, and at times, agreed to by the Minister and the
        appropriate Minister of the State.

(6) Without limiting the generality of the expression "building projects and
equipment projects in connection with government primary schools and
government secondary schools" in this section, that expression includes a
project the sole or principal object of which is to provide hostel
accommodation for students at those schools.

(7) In this section-

"prescribed maximum amount", in relation to a school, means-

   (a)  unless the school is a school included in a class of schools referred
        to in paragraph (b)-$150,000; or

   (b)  if the school is included in a class of schools determined by the
        Minister for the purposes of this paragraph-such amount in excess of
        $150,000 as the Minister specifies in the determination in relation to
        that class;

"prescribed purpose" means a building or equipment project-

   (a)  in connection with the renovation or replacement of facilities at a
        government school other than a proposed government school, not being a
        project the effect of which is, or is likely to be, to create
        additional places at that school;

   (b)  the sole or principal object of which is to provide library facilities
        or library services at a government school;

   (c)  the sole or principal object of which is to provide facilities for
        handicapped children in government schools; or

   (d)  in connection with the provision of secondary education at a
        government school, not being a project the effect of which is or is
        likely to be, to create additional places at that school.