Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 19

19. After section 37 of the Principal Act the following section is inserted:
Special education - intervention support

"37A. (1) The Minister may, by determination in writing, authorise the payment
to a State, for the program year 1991 and subsequent program years, of an
amount by way of financial assistance to the State for special education
programs and special education activities provided in that year for children
with disabilities, children with severe disabilities and children in
residential care.

"(2) An amount paid to a State under subsection (1) for a program year must
not exceed the amount set out, opposite the name of the State, in column 4 of
Schedule 5 in relation to the year.

"(3) The Minister must not authorise payment to a State under subsection (1)
for a program year unless the State has made an agreement with the
Commonwealth for that year, or for a number of years including that year,
being an agreement of a kind specified by the Minister that sets out
conditions on which financial assistance is granted to the State under
subsection (1).

"(4) Financial assistance for a program year is granted to a State under this
section:

   (a)  on the conditions set out in the agreement; and

   (b)  on the condition that, if the State does not fulfil a condition
        specified in the agreement with respect to the 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 the amount specified by the Minister in the
        determination, being an amount not exceeding the sum of the amounts
        paid to the State under subsection (1) for the program year; and

   (ii) the Minister may delay making any further payment to the State under
        subsection (1) until the State fulfils that condition.".