schools (1) The Minister may make a determination authorising payment of
financial assistance to a State for recurrent expenditure for a program year
connected with providing education in English as a second language for
eligible new arrivals enrolled in ESL courses:
- (a)
- beginning or continuing
in the program year; and
- (b)
- provided at or in connection with government schools in the State.
(2) However, the total amount authorised to be paid to a State under
subsection (1) for a program year must not be more than the amount worked
out using the formula:

where:
"number of eligible new arrivals in government schools" means the number of
eligible new arrivals enrolled in ESL courses in the State described in
subsection (1).
(3) In this Act:
education in English as a second language for eligible new
arrivals means education that is provided for the purpose of teaching the
English language to eligible new arrivals by means of intensive instruction.
"eligible new arrival "means a person:
- (a)
- whose first language is not English; and
- (b)
- who satisfies criteria determined by the Minister for the purposes of this
paragraph for being a person newly arrived in Australia; and
- (c)
- to whom one or more of the following subparagraphs applies:
- (i)
- the person is an Australian citizen;
- (ii)
- the person holds a visa (other than a temporary visa) in force under the
Migration Act 1958 ;
- (iii)
- the person is included in a visa (other than a temporary visa) in force
under that Act;
- (iv)
- the person is not an Australian citizen but has his or her permanent home
in the Territory of Christmas Island or in the Territory of Cocos (Keeling)
Islands;
- (v)
- the person satisfies criteria determined by the Minister for the purposes
of this subparagraph.
"ESL course" means a course designed to teach English as a second language.