Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698752553096.pdf (New Zealand)
Education (School Donations) Amendment Bill Government Bill As reported from the committee of the whole House 147—3 Education (School Donations) Amendment Bill Key to symbols used in reprinted bill As reported from the committee of the whole House text inserted Hon Chris Hipkins Education (School Donations) Amendment Bill Government Bill Title Commencement Principal Act Contents Part 1 Main amendment New sections 79A and 79B inserted 79A 79AA Minister may prescribe exemptions to mandatory Discretionary grants for boards condition 79AB Application of Legislation Act 2012 79B Effect of non-compliance with earlier discretionary grants 1 2 3 4 Part 2 Consequential amendments 5 Section 79 amended (Grants for boards) The Parliament of New Zealand enacts as follows: Page 1 1 1 2 2 3 3 3 3 1 2 3 Title This Act is the Education (School Donations) Amendment Act 2019.
Commencement This Act comes into force on the day after the date of Royal assent.

5 Principal Act This Act amends the Education Act 1989 (the principal Act).

147—3 1 Part 1 cl 4 Education (School Donations) Amendment Bill Part 1 Main amendment 4 New sections 79A and 79B inserted After section 79, insert: 79A Discretionary grants for boards (1) (2) (3) (4) The Minister may, in or for a financial year, make discretionary grants to boards out of public money appropriated by Parliament for the purpose.
Subsection (1) is subject to subsections (3) to (7) and section 79B.

The Minister must determine the amount of each discretionary grant made under subsection (1).

In determining the amount of a discretionary grant, the Minister must take no account of international students (other than students exempted under sec- tion 4A(1)) enrolled or likely to be enrolled at any school administered by the board concerned.
(5) A discretionary grant made under subsection (1)— (a) must be made subject to the condition that a board that receives it does not seek or receive any solicited voluntary payment from parents; and (b) may also be made subject to other conditions (except a condition that it will be used for the purposes set out in the grant) determined by the Min- ister and published in the Gazette (in their entirety, or by way of a general description and an indication of where the full text can be obtained).
5 10 15 20 (5A) A discretionary grant may be paid to a board only if the board has decided by resolution to receive the grant.

(6) A board that receives a discretionary grant must take all reasonable steps to 25 ensure that all conditions of the grant are complied with.
(7) In this section and section 79AA,— parent, in relation to any student, means a person who is the student’s mother, father, or guardian solicited voluntary payment from parents, for a board, means a payment that is— 30 (a) (b) (c) to be made or made by or on behalf of a parent, or parents, of any stu- dent, or students, likely to be enrolled or enrolled at any school adminis- tered by the board; and a payment that the parent has, or that those parents have, no legal obliga- tion to make; and 35 sought in any way, directly or indirectly, from the parent or those parents, by or on behalf of the board.
2 Education (School Donations) Amendment Bill Part 2 cl 5 79AA Minister may prescribe exemptions to mandatory condition (1) (2) The Minister may, by notice in the Gazette, prescribe exemptions to the condi- tion in section 79A(5)(a).
Exemptions prescribed by a notice given under this section enable any board, or class or classes of boards, specified in the notice to which a discretionary grant is made or to be made to seek or receive any solicited voluntary payment from parents for any student activity or student activities specified in the notice.
79AB Application of Legislation Act 2012 A notice given under section 79A(5)(b) or 79AA or both and applying to any class or classes of boards is not a legislative instrument, but is a disallowable instrument, for the purposes of the Legislation Act 2012, and must be presented to the House of Representatives under section 41 of that Act.
79B Effect of non-compliance with earlier discretionary grants (1) In determining for the purposes of section 79 or 79A the amount of any grant, supplementary grant, or discretionary grant payable to a board in respect of a school in or for a financial year, the Minister— (a) must have regard to the extent to which the board has, in any 1 or more earlier financial years, in respect of the school, failed to comply with all or any conditions of a discretionary grant paid to the board in respect of the school in or for those 1 or more earlier financial years; and (b) may, after consulting the board, determine for the grant, supplementary grant, or discretionary grant an amount that is less than it would other- wise have been.
(2) However, the total of all reductions (if any) made under subsection (1)(b) because of non-compliance with all or any conditions of a discretionary grant paid to the board in respect of the school in or for those 1 or more earlier finan- cial years must not exceed the amount of that discretionary grant.

Part 2 Consequential amendments 5 (1) Section 79 amended (Grants for boards) In the heading to section 79, after “Grants”, insert “and supplementary grants”.
(2) In section 79(1), replace “Subject to subsection (2), in each” with “In or for a”.

(3) After section 79(1), insert: (1A) Subsection (1) is subject to subsections (2) and (3) and section 79B.

(4) In section 79(2),— 3 Part 2 cl 5 Education (School Donations) Amendment Bill (a) (b) replace “foreign” with “international”; and delete “or institution”.
30 May 2019 9 August 2019 22 August 2019 12 September 2019 Legislative history Introduction (Bill 147–1), first reading and referral to Education and Workforce Committee Reported from Education and Workforce Committee (Bill 147–2) Second reading Committee of the whole House (Bill 147–3) Wellington, New Zealand: Published under the authority of the House of Representatives—2019 4