Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1988No. 1, 1989 - SECT 39

39. (1) Subject to subsection (2), where:

   (a)  a project is carried out in Australia with the sole or principal
        object of promoting change or innovation in, or in relation to,
        primary or secondary education in Australia or of improving the
        experience, knowledge or skills of teachers and other persons in
        relation to primary or secondary education in Australia; and

   (b)  the Minister is satisfied that the project is of national significance
        and that it is desirable that assistance in connection with the
        project be provided under this section; the Minister may, by
        determination in writing, approve the project for the purposes of this
        section.

(2) Subject to subsections (3) and (4), the Minister may, by determination in
writing, authorise the payment to a State under this section, by way of
financial assistance to the State for expenditure in respect of a program year
in relation to a project approved under subsection (1).

(3) The Minister shall not authorise payments to the States under subsection
(1) in respect of a program year that exceed, in the aggregate, the amount set
out in column 2 of Schedule 16 opposite to that year.

(4) The Minister shall not authorise a payment to a State under this section
in respect of a program year in relation to a project conducted by the State
unless the State has entered into an agreement of a kind specified by the
Minister with the Commonwealth in respect of that year or in respect of a
number of years including that year, being an agreement that sets out
conditions on which financial assistance is granted to the State under this
section.

(5) Financial assistance is granted to a State under this section in relation
to a project conducted by a State in respect of a program year:

   (a)  on the conditions set out in the agreement referred to in subsection
        (4); and

   (b)  on the condition that, if the State does not fulfil a condition
        specified in the agreement with respect to that grant within the time
        (if any) specified for fulfilment of the condition:

        (i)    the State will, if the Minister so determines, repay to the
               Commonwealth such amount (not being greater than the sum of the
               amounts of financial assistance paid to the State under this
               section in respect of that year in connection with that
               project) as the Minister specifies in the determination; and

        (ii)   the Minister may delay the making of any further payment to the
               State under this section until the State fulfils that
               condition.

(6) Financial assistance is granted to a State under this section in relation
to a project conducted by a person other than the State in respect of a
program year:

   (a)  on the condition that, subject to paragraph (c), the State will, as
        soon as possible, pay to the person an amount equal to each amount
        paid to the State under this section in relation to the project, and,
        in making the payment, will describe the amount paid as a payment in
        relation to the project made out of money provided to the State by the
        Commonwealth under this section;

   (b)  on the condition that, if the State does not fulfil the condition
        referred to in paragraph (a), the State will, if the Minister so
        determines, repay to the Commonwealth an amount (not being greater
        than the sum of the amounts of financial assistance paid to the State
        under this section in respect of that year in connection with that
        project) as the Minister specifies in the determination;

   (c)  on the condition that the State will not make a payment to the person
        under this section in respect of that year in relation to the project
        unless that the person has entered into an agreement of a kind
        determined by the Minister with the Commonwealth in respect of that
        year or in respect of a number of years including that year; and

   (d)  on the condition that, if the person does not fulfil an obligation
        under the agreement, the Minister may delay the making of any further
        payment to the State in respect of the person under this Act until the
        person fulfils that obligation.