Document ID: chunk:federal_register_of_legislation:C2016C00447:section:43
Version: federal_register_of_legislation:C2016C00447
Segment Type: section
Provision Reference: s 43
Character Range: 66521–68793

43  Maintained funding—scope

General
 (1) This Division applies to a non‑government school in a State for a particular program year if:
 (a) either of the following Subdivisions of Division 2 of Part 6 of the former Act was used to work out the funding for the school's recurrent expenditure for the 2008 program year under the former Act:
 (i) Subdivision D (maintained year 2000 funding);
 (ii) Subdivision E (maintained Catholic school funding); and
 (b) the school is not a maximum SES funded school for that program year; and
 (c) subsection (2) covers the school for the program year; and
 (d) either of the following applies:
 (i) this Division has applied to the school for each previous program year (if any);
 (ii) if this Division did not apply to the school in a previous program year (the majority Indigenous student year) only because the school was a majority Indigenous student school for that year—this Division has applied to the school for each previous program year (if any) other than any majority Indigenous student year; and
Note: A majority Indigenous student school is a maximum SES funded school (see section 52).
 (e) the school's SES score has not been changed, or determined, for the purposes of any of the following provisions for that program year or an earlier program year:
 (i) section 80 (SES score changes on application by school);
 (ii) section 110 (approved school determination);
 (iii) section 166 (false or misleading statements).

Condition based on 2008 funding
 (2) This subsection covers a non‑government school in the following case:

where:
actual 2008 funding, for a school, means the maximum amount of financial assistance for the school authorised under Part 6 of the former Act for the 2008 program year:
 (a) including amounts for the school's primary students and secondary students; but
 (b) excluding the following amounts:
 (i) any amount for distance education worked out under Subdivision H of Division 2 of Part 6 of the former Act;
 (ii) any amount for remoteness per capita loading worked out under Subdivision I of that Division of the former Act.
notional primary students amount is the amount worked out using the formula:

notional secondary students amount is the amount worked out using the formula: