(1) A school is a majority Aboriginal and Torres Strait Islander school for a year if:
(i) has an ARIA index value of more than 10.53; or
(ii) is in a very remote area (as defined in the MCEETYA Geographical Location Classification issued in July 2001, or any equivalent document); and
(b) at least 50% of the primary and secondary students at the school for the previous year were , or for the year are, Aboriginal and Torres Strait Islander students.
Note: For the number of students at the school, see section 16.
(2) A school is also a majority Aboriginal and Torres Strait Islander school for a year if:
(a) the school is not covered by paragraph ( 1)(a); and
(b) at least 80% of the primary and secondary students at the school for the previous year were , or for the year are, Aboriginal and Torres Strait Islander students.
(3) The Minister may determine, in writing, that a school is also a majority Aboriginal and Torres Strait Islander school for a year if the Minister is satisfied that the school is likely to be a majority Aboriginal and Torres Strait Islander school under subsection ( 1) or (2) for the year.
(4) A determination made under subsection ( 3) is not a
legislative instrument.