Commonwealth Numbered Acts

STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 1996 No. 70, 1996 - SECT 69

(1) The Minister may make a determination authorising the making of payments
to a State, by way of financial assistance to the State for a program year
for:

   (a)  recurrent expenditure in connection with special education programs
        and special education activities provided at or in connection with
        non-government schools in the State for children with disabilities; or

   (b)  capital expenditure in respect of eligible projects for non-
        government schools in the State in connection with special education
        provided at or in connection with the schools.

(2) In subsection (1): eligible project means a project:

   (a)  the total cost of which is $30,000 or more; and

   (b)  which has been approved by the Minister under subsection (3).
        recurrent expenditure in connection with special education programs
        and special education activities includes recurrent expenditure on
        integration activities, and expenditure on minor capital projects in
        connection with integration activities, conducted:

   (a)  at non-government schools in the State; or

   (b)  at places of education approved by the Minister or the State Minister
        for the purposes of the definition of integration activities in
        Schedule 9; where special education is provided at the schools or
        places by nominated authorities or approved authorities.

(3) The Minister may make a determination approving a project for the purposes
of the definition of eligible project in subsection (2) and, if the Minister
does so, the Minister must, in the determination, also:

   (a)  state the total amount that may be spent on the project for a
        particular program year or program years; and

   (b)  name the school to which the approval relates.

(4) The sum of the amounts paid to the States under this section for a program
year must not be greater than the amount set out in column 3 of Schedule 8 in
relation to the program year.

(5) If:

   (a)  the Minister has made a determination under this section authorising
        the making of payments to a State, by way of financial assistance, for
        capital expenditure for a particular program year or program years on
        an eligible project for the year or years concerned in respect of a
        nominated authority or in respect of the approved authority of an
        approved school system; and

   (b)  a payment has been made by the authority to the school that it
        represents in respect of the project; the financial assistance payable
        to the State under the Minister's determination under subsection (1)
        in respect of that project must be so paid. Note 1: Certain amounts
        paid to a State under section 77 are taken to be paid under this
        section.