Private Schools Conditional Integration Act 1975

16 Disposal of assets on cancellation of integration agreement or closing of school

(1)

In every case where money appropriated by Parliament has been used to meet all or part of the cost of supplying an integrated school with furniture, or equipment, or other chattels, and the integration agreement in respect of that school is cancelled, or the school is closed, any such furniture, equipment, or chattels shall be disposed of by the Secretary at his sole discretion, whether by sale or otherwise; and any such disposition shall have effect as if the Secretary were the owner thereof:

provided that any sale shall be by way of public auction or public tender.

(2)

In every case where money appropriated by Parliament has been advanced otherwise than by way of loan to be used to meet all or part of the cost of erecting any building or supplying or installing any fixture as part of an integrated school, and the integration agreement in respect of that school is cancelled, or the school is closed, the current value of the contribution to the building or fixture from the money appropriated as aforesaid shall be assessed by the Minister, and the amount so assessed shall be deemed to be a debt due by the proprietors to the Crown, and shall be deemed to be a charge on the land of the school, which charge may be registered without the payment of a fee against the land under the provisions of the Statutory Land Charges Registration Act 1928:

provided that the Minister may from time to time, with the concurrence of the Minister of Finance, approve the provisional writing off of all or part of any such debt.

(3)

For the purposes of the Statutory Land Charges Registration Act 1928, notice of any charge under subsection (2), and any certificate releasing any such charge, may be signed by the Secretary.

(4)

In the case of any sale made pursuant to subsection (1), the money received shall be credited to a Crown Bank Account.

(5)

In the event of the cancellation of an integration agreement, or the closing of an integrated school, any unexpended money granted to the controlling authority of that school in respect of that school under the Education Act 1964 or under regulations made under that Act or under any other Act shall be credited to a Crown Bank Account.

(6)

When an integration agreement is cancelled, and the school that is the subject of that agreement is subsequently registered or deemed to be registered as a private school, the Secretary, in disposing of any furniture, equipment, or chattels in accordance with subsection (1), may (notwithstanding anything in the proviso to that subsection) sell or supply all or any of the furniture, equipment, or chattels to the proprietors of the said registered private school in accordance with the scales, terms, and conditions of such supply to the proprietors of other registered private schools applying at the time of the registration of the said school.

(7)

Any payments or repayments required by or pursuant to subsection (2) or subsection (6) may be made by such instalments or otherwise over such period of time as the Minister (in the case of any payment to be made pursuant to subsection (2)) or the Secretary (in the case of any payment to be made pursuant to subsection (6)) may from time to time determine.

(8)

Subject to subsections (1) to (7), if an integration agreement is cancelled, or an integrated school is closed, any land, buildings, chattels, and other interests relating to the school that are vested in the proprietors remain vested in the proprietors.

Section 16(1): amended, on 19 December 1998, by section 10(1) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).

Section 16(1): amended, on 1 October 1989, pursuant to section 144(2) of the Education Act 1989 (1989 No 80).

Section 16(2): amended, on 19 December 1998, by section 10(1) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).

Section 16(3): amended, on 1 October 1989, pursuant to section 144(2) of the Education Act 1989 (1989 No 80).

Section 16(4): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 16(5): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 16(5): amended, on 19 December 1998, by section 10(1) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).

Section 16(6): amended, on 19 December 1998, by section 10(1) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).

Section 16(6): amended, on 1 October 1989, pursuant to section 144(2) of the Education Act 1989 (1989 No 80).

Section 16(7): amended, on 1 October 1989, pursuant to section 144(2) of the Education Act 1989 (1989 No 80).

Section 16(8): replaced, on 19 December 1998, by section 10(2) of the Private Schools Conditional Integration Amendment Act 1998 (1998 No 119).