Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1985 No. 163, 1985 - SECT 28

28. After section 29 of the Principal Act the following sections are inserted:
Non-systemic schools - limits on funding where number of students at
particular level exceeds maximum number of students for that level

"29A. (1) Where -

   (a)  a maximum number of primary students is, as at a particular date,
        specified in the list of non-systemic schools opposite to the name of
        a school; and

   (b)  the number of students receiving primary education at the school on
        that date is greater than the maximum number referred to in paragraph
        (a), the number of students receiving primary education at the school
        on that date shall, for the purposes of sub-section 29 (1), be taken
        to be reduced by a number equal to the difference between the number
        of students receiving primary education at the school on that date and
        the maximum number referred to in paragraph (a).

"(2) Where -

   (a)  a maximum number of junior secondary students is, as at a particular
        date, specified in the list of non-systemic schools opposite to the
        name of a school; and

   (b)  the number of students receiving junior secondary education at the
        school on that date is greater than the maximum number referred to in
        paragraph (a), the number of students receiving secondary education at
        the school on that date shall, for the purposes of sub-section 29 (1),
        be taken to be reduced by a number equal to the difference between the
        number of students receiving junior secondary education at the school
        on that date and the maximum number referred to in paragraph (a).

"(3) Where -

   (a)  a maximum number of senior secondary students is, as at a particular
        date, specified in the list of non-systemic schools opposite to the
        name of a school; and

   (b)  the number of students receiving senior secondary education at the
        school on that date is greater than the maximum number referred to in
        paragraph (a), the number of students receiving secondary education at
        the school on that date shall, for the purposes of sub-section 29 (1),
        be taken to be reduced by a number equal to the difference between the
        number of students receiving senior secondary education at the school
        on that date and the maximum number referred to in paragraph (a).
        Non-systemic schools - limits on funding where number of students at
        particular level at particular location exceeds maximum number of
        students for that level at that location

"29B. (1) Where a maximum number of students is specified in the list of
non-systemic schools opposite to the name of a location in respect of which a
school is included in the list, the Minister may, by notice in writing to the
approved authority of the school, request the approved authority to give to
the Minister, within such period as the Minister specifies in the notice, a
statement in writing, in a form approved by the Minister, that contains
particulars of the number of students receiving education on a date specified
in the notice at the school at that location at a level, or levels, specified
in the notice and where the Minister makes such a request the approved
authority shall comply with the request.

"(2) Where -

   (a)  a maximum number of primary students is, as at a particular date,
        specified in the list of non-systemic schools opposite to the name of
        a location in respect of which a school is included in the list;

   (b)  the Minister determines, in writing, that a number specified in the
        determination is to be taken to be, for the purposes of
        this sub-section, the number of students receiving primary education
        at the school at that location on that date; and

   (c)  the number referred to in paragraph (b) is greater than the maximum
        number referred to in paragraph (a), the number of students receiving
        primary education at the school on that date shall, for the purposes
        of sub-section 29 (1), be taken to be reduced by a number equal to the
        difference between the number referred to in paragraph (b) and the
        maximum number referred to in paragraph (a).

"(3) Where -

   (a)  a maximum number of junior secondary students is, as at a particular
        date, specified in the list of non-systemic schools opposite to the
        name of a location in respect of which a school is included in the
        list;

   (b)  the Minister determines, in writing, that a number specified in the
        determination is to be taken to be, for the purposes of this
        sub-section, the number of students receiving junior secondary
        education at the school at that location on that date; and

   (c)  the number referred to in paragraph (b) is greater than the maximum
        number referred to in paragraph (a), the number of students receiving
        secondary education at the school on that date shall, for the purposes
        of sub-section 29 (1), be taken to be reduced by a number equal to the
        difference between the number referred to in paragraph (b) and the
        maximum number referred to in paragraph (a).

"(4) Where -

   (a)  a maximum number of senior secondary students is, as at a particular
        date, specified in the list of non-systemic schools opposite to the
        name of a location in respect of which a school is included in the
        list;

   (b)  the Minister determines, in writing, that a number specified in the
        determination is to be taken to be, for the purposes of
        this sub-section, the number of students receiving senior secondary
        education at the school at that location on that date; and

   (c)  the number referred to in paragraph (b) is greater than the maximum
        number referred to in paragraph (a), the number of students receiving
        secondary education at the school on that date shall, for the purposes
        of sub-section 29 (1), be taken to be reduced by a number equal to the
        difference between the number referred to in paragraph (b) and the
        maximum number referred to in paragraph (a).".