(1) A school is a majority Aboriginal and Torres Strait Islander school for a year if:
(a) the school:
(i) has an ARIA index value of more than 10.53; or
(ii) is in a very remote area (as defined in the MCEETYA Geographical Location Classification issued in July 2001, or any equivalent document); and
(b) at least 50% of the primary and secondary students at the school for the previous year were, or for the year are, Aboriginal and Torres Strait Islander students.
Note: For the number of students at the school, see section 16.
(2) A school is also a majority Aboriginal and Torres Strait Islander school for a year if:
(a) the school is not covered by paragraph (1)(a); and
(b) at least 80% of the primary and secondary students at the school for the previous year were, or for the year are, Aboriginal and Torres Strait Islander students.
(3) The Minister may determine, in writing, that a school is also a majority Aboriginal and Torres Strait Islander school for a year if the Minister is satisfied that the school is likely to be a majority Aboriginal and Torres Strait Islander school under subsection (1) or (2) for the year.
(4) A determination made under subsection (3) is not a legislative instrument.