SCHOOL EDUCATION ACT 1999 - SECT 130

SCHOOL EDUCATION ACT 1999 - SECT 130

130 .         Additional functions of incorporated Council, Minister may approve

        (1)         Regulations may be made prescribing functions that a Council may perform only if it has the approval of the Minister in terms of subsection (2).

        (2)         An approval referred to in subsection (1) is to be given by the Minister only if in his or her opinion the performance by the Council of the function to which the approval relates will —

            (a)         improve an educational programme of the school or the management of the school’s facilities; and

            (b)         be in the best interests of the students.

        (3)         An approval referred to in subsection (1) —

            (a)         is to be conditional on the Council —

                  (i)         having a constitution containing provisions approved by the Minister; and

                  (ii)         becoming an incorporated association under the Associations Incorporation Act 2015 within a period specified by the Minister;

                and

            (b)         does not have effect until those conditions are satisfied; and

            (c)         may be subject to any other condition.

        (4)         The Minister may at any time —

            (a)         impose any further condition or vary or revoke a condition; or

            (b)         revoke an approval.

        (5)         While any approval is in force any change to the constitution of the Council, other than an amendment to this Act or the regulations, or any substituted constitution is of no effect until it has been approved by the Minister.

        [Section 130 amended: No. 30 of 2015 s. 228(7).]