Document ID: chunk:federal_register_of_legislation:C2016C00429:section:62
Version: federal_register_of_legislation:C2016C00429
Segment Type: section
Provision Reference: s 62
Character Range: 101458–103097

62  Prerequisites for variation of list
 (1) The Minister must not make a determination varying the list of non‑government schools to take account of the proposal unless the applicable requirements of this section have been satisfied.
 (2) The requirements for a location proposal are:
 (a) education has begun to be provided by the school at the location concerned in accordance with the relevant paragraph of the definition of location proposal; and
 (b) the provision of education by the school at the location concerned in accordance with the relevant paragraph of the definition of location proposal has been recognised by the State Minister of the State in which the school is situated; and
 (c) if the proposal relates to distance education—the school is approved, in accordance with the law of the State in which it is located, to provide distance education; and
 (d) the requirements under paragraphs (a), (b) and (c) are satisfied before the schools census day for the school in the earliest program year to which the variation is to apply.
 (3) The requirements for a new school proposal are:
 (a) education has begun to be provided at the school; and
 (b) education at the school has been recognised by the State Minister of the State in which the school is situated; and
 (c) the school is not conducted for profit; and
 (d) if the school is not included in an approved school system—the applicant for the proposal is a body corporate; and
 (e) the requirements under paragraphs (a), (b), (c) and (d) are satisfied before the schools census day for the school in the earliest program year to which the variation is to apply.