Commonwealth Consolidated Acts

SCHOOLS ASSISTANCE (LEARNING TOGETHER--ACHIEVEMENT THROUGH CHOICE AND OPPORTUNITY) ACT 2004 - SECT 132

  (1)   This section applies if:

  (a)   the approved authority of a non - systemic school, or of an approved school system, made a statement for the purposes of:

  (i)   an Education Assistance Act; or

  (ii)   the making of an agreement as mentioned in such an Act;

    relating to the grant of financial assistance for schools or other bodies involved in primary education or secondary education; and

  (b)   the statement was made to:

  (i)   the Minister (the Education Assistance Minister ) administering that Act; or

  (ii)   the Secretary of the Department administered by the Education Assistance Minister ; or

  (iii)   a public service employee in the Department administered by the Education Assistance Minister ; and

  (c)   the statement was false or misleading in a material particular; and

  (d)   as a result of the statement:

  (i)   the school; or

  (ii)   a school in the approved school system;

    either:

  (iii)   obtains a higher funding level for the purposes of meeting recurrent expenditure than, in the Minister's opinion, the school may have obtained if the statement had not been made; or

  (iv)   obtains a larger amount under Subdivision I of Division   2 of Part   6 than, in the Minister's opinion, the school may have obtained if the statement had not been made.

  (2)   The Minister may make a determination varying the list of non - government schools by setting out:

  (a)   a different SES score for the school; and

  (b)   a different current SES funding level for the school relating to that SES score.

  (3)   A determination under this section may take effect from a day before the day on which the determination was made.