(1) This Division applies to a non - government school for a particular program year and level of education provided at the school if:
(a) either of the following Subdivisions of Division 2 of Part 6 of the former Act were used to work out the funding for the school's recurrent expenditure for the program year 2008 under the former Act:
(i) Subdivision C (current SES funding);
(ii) Subdivision F (guaranteed year 2004 SES 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 that level of education for each previous program year (if any);
(ii) if this Division did not apply to the school for that level of education for 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 that level of education 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, for a particular level of education provided at the school in a program year (the current program year ), in the following case: