Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698752377059.pdf (New Zealand)
Reprint as at 1 August 2020 Education (School Donations) Amendment Act 2019 Public Act 2019 No 52 Date of assent 21 October 2019 Commencement see section 2 Education (School Donations) Amendment Act 2019: repealed, on 1 August 2020, pursuant to sec- tion 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
1 2 3 4 Title Commencement Principal Act Contents Part 1 Main amendment New sections 79A to 79D inserted 79A 79B Discretionary grants for boards Minister may prescribe exemptions to mandatory condition Application of Legislation Act 2012 Effect of non-compliance with earlier discretionary grants 79C 79D Part 2 Consequential amendments 5 Section 79 amended (Grants for boards) Page 2 2 2 2 2 3 3 3 4 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Education.

1 s 1 Education (School Donations) Amendment Act 2019 Reprinted as at 1 August 2020 The Parliament of New Zealand enacts as follows: 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.

Principal Act This Act amends the Education Act 1989 (the principal Act).
Part 1 Main amendment 4 New sections 79A to 79D 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 (8) and section 79D.

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).
(6) A discretionary grant may be paid to a board only if the board has decided by resolution to receive the grant.

(7) A board that receives a discretionary grant must take all reasonable steps to ensure that all conditions of the grant are complied with.
(8) In this section and section 79B,— 2 Reprinted as at 1 August 2020 Education (School Donations) Amendment Act 2019 Part 1 s 4 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— (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 sought in any way, directly or indirectly, from the parent or those parents, by or on behalf of the board.
79B 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.
79C Application of Legislation Act 2012 A notice given under section 79A(5)(b) or 79B 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.
79D 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.
3 Part 2 s 5 Education (School Donations) Amendment Act 2019 Reprinted as at 1 August 2020 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 79D.
(4) In section 79(2),— (a) (b) replace “foreign” with “international”; and delete “or institution”.

4 Education (School Donations) Amendment Act 2019 Notes Reprinted as at 1 August 2020 Reprints notes 1 General This is a reprint of the Education (School Donations) Amendment Act 2019 that incorporates all the amendments to that Act as at the date of the last amendment to it.
2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint Education and Training Act 2020 (2020 No 38): section 669(3)(b) Wellington, New Zealand: Published under the authority of the New Zealand Government—2020 5