Version No. 011
Educational Grants Act 1973
Act No. 8495/1973
Version incorporating amendments as at 1 July 1997
table of provisions
SectionPage
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SectionPage
1.Short title and commencement
2.Definitions
3.Capitation grants
4.Regulations
5.Repeal
6.Saving in respect of previous year
7.Saving in respect of previous year
8.Saving in respect of previous year
9.Saving in respect of previous year
10.Saving in respect of previous year
11.Saving in respect of previous year
12.Saving in respect of previous year
13.Saving in respect of previous year
14.Saving in respect of previous year
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ENDnotes
1. General Information
2. Table of Amendments
3. Explanatory Details
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Version No. 011
Educational Grants Act 1973
Act No. 8495/1973
Version incorporating amendments as at 1 July 1997
An Act to make Provision with respect to Financial Aid for certain Schools.
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Act No. 8495/1973
Educational Grants Act 1973
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title and commencement
(1)This Act shall be cited as the Educational Grants Act 1973.
(2)This Act shall come into operation on the 1st day of January, 1974.
2.Definitions
In this Act, unless inconsistent with the context or subject-matter—
"non-government school" means a school, other than a school conducted by the State at which full-time education is provided for pupils in primary or secondary classes, at which primary education or secondary education is, or both are, provided, but does not include a school conducted for the profit, direct or indirect, of an individual or individuals;
"primary pupil" means a child who is included on the school roll of a non-government school on the schools census date and who is receiving full-time education provided for pupils at that school being education of a kind similar to that provided for pupils in primary classes in schools conducted by the State;
"qualified accountant" means—
(a)a person who is registered as a company auditor;
(b)a member of the Institute of Chartered Accountants in Australia or of the Australian Society of Accountants; or
(c)a person approved by the Minister as a person competent to furnish such statements;
s. 2
"recurrent expenditure", in relation to a non-government school, means expenditure incurred for purposes related to the provision of primary education or secondary education at the school;
"school authority", in relation to a non-government school, means the person or body conducting the school;
"secondary pupil" means a child who is included on the school roll of a non-government school on the schools census date and who is receiving full-time education provided for pupils of that school being education of a kind similar to that provided for pupils in secondary classes in schools conducted by the State;
"schools census date" means the date in the year as at which the Commonwealth Statistician compiles statistics in relation to the numbers of pupils in schools in this State;
S. 2 def. of "year" amended by Nos 8632 s.2, 8790 s.2, 8930 s.2, 9062 s.2, 9220 s.2, 9352 s.2, 9497 s.2, 9661 s.2, 9830 s.2.
"year" means a calendar year ending on the 31st day of December, 1983.
3.Capitation grants
s. 3
S. 3(1) amended by No. 31/1994 s.3(Sch. 1 item 22).
(1)Subject to this section the Minister may pay capitation grants to the school authority of a non-government school.
(2)Any payment made under sub-section (1) shall be subject to the following conditions:
(a)The school authority will ensure that amounts equal to the total of all payments made by the Minister to the school authority in respect of the school in accordance with this section are applied in that year or not later than three months after the end of that year for the purposes of recurrent expenditure in respect of the school;
(b)The school authority will cause to be furnished to the Minister not later than six months after the end of the year in which the payment is made a statement in writing signed by a qualified accountant to the effect that he has satisfied himself that the condition referred to in the last preceding sub-paragraph has been complied with and specifying the amount or amounts paid to the school authority in respect of that year;
(c)The school authority will cause to be furnished to the Minister, not later than six months after the end of the year in which the payment is made a statement in writing specifying the total income derived and the total expenditure incurred by the school authority in respect of primary and secondary education at that school in respect of that year and also specifying in respect of each class of income or class of expenditure determined by the Minister the total amount of income of that class derived or the total amount of expenditure of that class incurred by the school authority in respect of primary and secondary education at that school in respect of that year;
(d)If the total of the grants paid under this section to a school authority in respect of the year exceeds the amount payable in accordance with the provisions of this section, the school authority will repay to the Minister the amount of the excess.
s. 3
(3)Where the Minister is satisfied that the school authority has failed to fulfil a condition to which the payment is made subject by this Act the Minister may direct that an amount equal to the whole or a part of a payment made to the school authority under this section shall be deducted from further amounts becoming payable to the school authority under this Act or under any corresponding subsequent enactment.
(4)Payments to a school authority under this section may be made at such times and in such instalments as the Minister determines.
(5)In this section a capitation grant means a grant of—
S. 3(5)(a) amended by Nos 8632 s.3(a), 8790 s.3(a), 8930 s.3(a), 9062 s.3(a), 9220 s.3(a), 9352 s.3(a), 9497 s.3(a), substituted by Nos 9661 s.3(a), 9830 s.3(a).
(a)$374 in respect of each primary pupil;
S. 3(5)(b) amended by Nos 8632 s.3(b), 8790 s.3(b), 8930 s.3(b), 9062 s.3(b), 9220 s.3(b), 9352 s.3(b), 9497 s.3(b), substituted by Nos 9661 s.3(b), 9830 s.3(b).
(b)$611 in respect of each secondary pupil.
s. 4
4.Regulations
The Governor in Council may make regulations for or with respect to prescribing any matter or thing that is authorized or required to be prescribed and that is convenient to be prescribed to enable effect to be given to this Act.
5.Repeal
(1)The Educational Grants Act 1972 is hereby repealed.
(2)The Educational Grants Act 1972 notwithstanding its repeal shall continue to have the same operation and effect in and in relation to the year 1973 as it would have had if it had not beenrepealed.
S. 6
inserted by No. 8632 s.4.
6.Saving in respect of previous year
s. 6
The provisions of this Act as in force immediately prior to the commencement of the Educational Grants (Continuation) Act 1974 shall continue to have the same operation and effect in and in relation to the year 1974 as it would have had if the Educational Grants (Continuation) Act 1974 had not been passed.
S. 7
inserted by No. 8790 s.4.
7.Saving in respect of previous year
The provisions of this Act as in force immediately prior to the commencement of the Educational Grants (Continuation) Act 1975 shall continue to have the same operation and effect in and in relation to the year 1975 as they would have had if the Educational Grants (Continuation) Act 1975 had not been passed.
S. 8
inserted by No. 8930 s.4.
8.Saving in respect of previous year
The provisions of this Act in force immediately prior to the commencement of section 3 of the Educational Grants (Continuation) Act 1976 shall continue to have the same operation and effect in and in relation to the year 1976 as they would have had if that section had not been passed.
S. 9
inserted by No. 9062 s.4.
9.Saving in respect of previous year
The provisions of this Act in force immediately prior to the commencement of section 3 of the Educational Grants (Continuation) Act 1977 shall continue to have the same operation and effect in and in relation to the year 1977 as they would have had if that section had not been passed.
S. 10
inserted by No. 9220 s.4.
10.Saving in respect of previous year
s. 10
The provisions of this Act in force immediately prior to the commencement of section 3 of the Educational Grants (Continuation) Act 1978 shall continue to have the same operation and effect in and in relation to the year 1978 as they would have had if that section had not been passed.
S. 11
inserted by No. 9352 s.4.
11.Saving in respect of previous year
The provisions of this Act in force immediately prior to the commencement of section 3 of the Educational Grants (Continuation) Act 1979 shall continue to have the same operation and effect in and in relation to the year 1979 as they would have had if that section had not been passed.
S. 12
inserted by No. 9497 s.4.
12.Saving in respect of previous year
The provisions of this Act in force immediately prior to the commencement of section 3 of the Educational Grants (Continuation) Act 1980 shall continue to have the same operation and effect in and in relation to the year 1980 as they would have had if that section had not been passed.
S. 13
inserted by No. 9661 s.4.
13.Saving in respect of previous year
The provisions of this Act in force immediately before the commencement of sections 2 and 3 of the Educational Grants (Continuation) Act 1981 shall continue to have the same operation and effect in and in relation to the year 1981 as they would have had if those sections had not been enacted.
S. 14
inserted by No. 9830 s.4.
14.Saving in respect of previous year
s. 14
The provisions of this Act in force immediately before the commencement of sections 2 and 3 of the Educational Grants (Continuation) Act 1982 shall continue to have the same operation and effect in and in relation to the year 1982 as they would have had if those sections had not been enacted.
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ENDnotes
Endnotes
1.General Information
The Educational Grants Act 1973 was assented to on 4 December 1973 and came into operation on 1 January 1974: section 1(2)
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the Educational Grants Act 1973 by Acts and subordinate instruments.
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Educational Grants (Continuation) Act 1974, No. 8632/1974
Assent Date: / 17.12.74Commencement Date: / 1.1.75: s. 1(3)
Current State: / All of Act in operation
Educational Grants (Continuation) Act 1975, No. 8790/1975
Assent Date: / 2.12.75Commencement Date: / 1.1.76: s.1(3)
Current State: / All of Act in operation
Educational Grants (Continuation) Act 1976, No. 8930/1976
Assent Date: / 14.12.76Commencement Date: / Ss 1, 5 on 14.12.76; ss 2–4 on 1.1.77: s. 1(3)
Current State: / All of Act in operation
Educational Grants (Continuation) Act 1977, No. 9062/1977
Assent Date: / 29.11.77Commencement Date: / Ss 1, 5 on 29.11.77; ss 2–4 on 1.1.78: s. 1(3)
Current State: / All of Act in operation
Educational Grants (Continuation) Act 1978, No. 9220/1978
Assent Date: / 19.12.78Commencement Date: / 1.1.79: s. 1(3)
Current State: / All of Act in operation
Educational Grants (Continuation) Act 1979, No. 9352/1979
Assent Date: / 20.12.79Commencement Date: / 1.1.80: s. 1(3)
Current State: / All of Act in operation
Educational Grants (Continuation) Act 1980, No. 9497/1980
Assent Date: / 23.12.80Commencement Date: / 1.1.81: s. 1(3)
Current State: / All of Act in operation
Educational Grants (Continuation) Act 1981, No. 9661/1981
Assent Date: / 22.12.81Commencement Date: / 1.1.82: s. 1(3)
Current State: / All of Act in operation
Educational Grants (Continuation) Act 1982, No. 9830/1982
Assent Date: / 21.12.82Commencement Date: / 1.1.83: s. 1(3)
Current State: / All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Endnotes
Assent Date: / 31.5.94Commencement Date: / S. 3(Sch. 1 item 22) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984
Current State: / This information relates only to the provision/s amending the Educational Grants Act 1973
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3.Explanatory Details
Endnotes
No entries at date of publication.
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