Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS) ACT 1976 No. 35, 1976 - SECT 41

41. (1) Where the State Education Minister for a State requests the
Commonwealth Education Minister to authorize the reimbursement to the State of
an amount of moneys (in this section referred to as the ''State expenditure'')
which, during the period that commenced on 1 January 1976 and ended on the day
immediately preceding the commencing day (in this section referred to as the
''relevant period''), has been applied by the State for the purpose of meeting
recurrent expenditure in respect of the year to which this Act applies in
connexion with approved development and service activities in the State,
otherwise than out of financial assistance granted to the State under any
previous schools assistance Act, the Commonwealth Education Minister may,
subject to sub-section 44 (1), authorize the payment to the State under this
sub-section, by way of financial assistance to the State, of such amount as
the Commonwealth Education Minister determines, being an amount that does not
exceed the amount of the State expenditure.

(2) The financial assistance to a State constituted by a payment or payments
of moneys under sub-section (1) (in this section referred to as the ''relevant
financial assistance'') is granted on the conditions that-

   (a)  the State will cause to be furnished to the Minister (not later than
        30 June 1977 or such later date as the Minister approves)-

        (i)    a certificate by an authorized person to the effect that the
               person has satisfied himself that an amount equal to the
               relevant financial assistance was, during the relevant period,
               applied by the State for the purpose referred to in sub-section
               (1), otherwise than out of financial assistance granted to the
               State under any previous schools assistance Act; and

        (ii)   a statement in writing that summarizes the manner in which the
               State expenditure has been applied by the State; and

   (b)  if the State does not fulfil the condition that, under paragraph (a),
        is to be observed by the State in relation to the relevant financial
        assistance, the State will repay to the Commonwealth an amount equal
        to the amount of the financial assistance or, if the Minister
        determines that part only of the financial assistance is repayable, an
        amount equal to that part.

(3) Where, in relation to a request by the State Education Minister for a
State, the relevant financial assistance is less than the State expenditure,
the amount of the State expenditure shall, for the purposes of sub-paragraph
(2) (a) (ii), be deemed to be so much of the State expenditure as is equal to
the relevant financial assistance.