Education (Subordinate Instruments Ratification) Act 1984 (Qld)

854 Q ueeuz1a i ANNO TRICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 77 of 1984 An Act to ratify and confir m certain regulations made pur- suant to the provisions of the Education Act 1964-1984 and a certain O rder in Council made pursuant to the provisions of the Grammar Schools Act 1975 and the Statutory Bodies Financial Arrangements Act 1982 and for related purposes [ASSENTED TO 18TH OCTOBER, 1984]

Education (Subordinate Instruments Ratification) Act 1984, No. 77 855 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Education (Subordinate Instruments Ratification) Act 1984. 2. Ratification of regulations . It is hereby declared that the regulations made pursuant to the provisions of the Education Act 1964-1984 on 23 February 1984 and published in the Gazette on 25 February 1984 at pages 753 to 756 both inclusive, copies of which are set forth in the First Schedule, are- (a) hereby ratified and confirmed to take effect according to their tenor, notwithstanding that they have not been laid before the Legislative Assembly as required by law, until they are by further regulation made pursuant to the provisions of the Education Act 1964-1984 amended or revoked; (b) deemed to have been valid and to have taken effect from the date of their publication in the Gazette. 3. Ratification of Order in Council . It is hereby declared that the Order in Council made pursuant to the provisions of the GrammarSchools Act 1975 and the Statutory Bodies Financial Arrangements Act1982 on 22 December 1983 and published in the Gazette on 24 December 1983 at page 1801, a copy of which is set forth in the Second Schedule, is- (a) subject to subparagraph (c), ratified and confirmed to take effect according to its tenor, notwithstanding that it has not been laid before the Legislative Assembly as required by law, until it is by a further Order in Council made pursuant to the Grammar Schools Act 1975 and the Statutory BodiesFinancial Arrangements Act 1982 amended or revoked; (b) deemed to have been valid and to have taken effect from the date of its publication in the Gazette; (c) deemed to contain and to always have contained in clause 1- (i) the words "inscribed stock" in substitution for the word "debentures"; (ii) the expression "13.1 per centum per annum" in substitution for the words "Rate ruling date of issue of Order in Council".

856 Education (Subordinate Instruments Ratification) Act 1984, No. 77 FIRST SCHEDULE [s. 2 AMENDMENTS OF THE EDUCATION REGULATIONS OF 1971 Department of Education, Brisbane , 23rd February, 1984. HIS Excellency the Governor , acting by and with the advice of the Executive Council and in pursuance of the provisions of the EducationAct 1964- 1984, has been pleased to make the following regulations. LIN POWELL, Minister for Education. 1. In these regulations The Education Regulations of 1971 as previously amended are referred to as the Principal Regulations. 2. The Principal Regulations are amended by repealing regulation 50 and substituting the following regulation:- "50. (1) Subject to section 63 of the Act and to this regulation, the Minister is hereby authorized to pay allowances in respect of students attending approved schools. Such allowances shall be paid at the rates and in the manner provided in this regulation. (2) An allowance shall be paid to the principal of the school in respect of a student attending an approved school other than a State school, upon application by the principal in the approved form, in respect of students in Years 1 to 12 as follows:- (i) a student in Years 1 to 7 inclusive-$345.00 per annum; (ii) a student in Years 8 to 12 inclusive-$552.00 per annum. (3) An allowance in accordance with the applicable Table hereunder shall be paid to a parent of a student attending an approved school being a secondary school, special school or special education unit, upon application by the parent in the approved form, if- (i) the Director-General is satisfied that such parent's income for the financial year prior to that in which the application is made does not exceed in total an amount as from time to time determined by the Minister; (ii) the studies undertaken by such student are approved by the Director-General; and (iii) the conduct, progress and attendance of such student are satisfactory. Table I-Students Living Away from Home Years 8 to 12-$222.00 per annum; From the beginning of the year in which a student attains thirteen (13) years of age and is enrolled at a special school or special education unit-$222.00 per annum:

Education (Subordinate Instruments Ratification ) Act 1984, No. 77 857 Provided that where a student is enrolled at a special school or special education unit and residential accommodation is provided by the Department or a boarding out allowance is paid, such parent shall be paid at the rate set forth in Table II. Table II-Students Living at Home Years 8 to 12-$54.00 per annum; From the beginning of the year in which a student attains thirteen (13) years of age and is enrolled at a special school or special education unit-$54.00 per annum. The years referred to in such tables shall be those recognized by the Department. (4) (a) A Remote Area Allowance shall be paid to the parent of a student in Years 4 to 12 living in a remote area where such student boards away from home in order to attend an approved primary or secondary school offering the year of study required. The parent shall make application for such allowance in the approved form. Remote Area Allowance shall be paid at the following rates:- Years 4, 5, 6 and 7 Years 8, 9 and 10 ........ Years 11 and 12 ........ $432.00 per annum; $540.00 per annum; $675.00 per annum: Provided however that a student living in a remote area shall not be eligible for the abovementioned allowance if he attends an approved primary or secondary school which is located in his area or to which daily transport is provided by means of public transport facilities or a school transport service approved by the Director-General. For the purposes of this paragraph, "remote area" means an area where there is no State primary or secondary school offering the Year of study required and in which daily transport is not provided to such a school by means of public transport facilities or a school transport service approved by the Director-General. (b) An additional Remote Area Travel Allowance not exceeding $450.00 per student per annum shall be paid to the parent of a student if- (i) the student is in attendance at an approved primary or secondary school; (ii) the student is eligible to receive a Remote Area Allowance; (iii) the value of any Remote Area Scholarship awarded pursuant to Regulation 51 for the student is less than $450.00; and (iv) the student lives within one of the following designated areas: 28

858 Education ( Subordinate Instruments Ratification ) Act 1984, No. 77 Southern Area (A) Commencing on the western boundary of the State at its intersection with latitude 22 degrees south and bounded thence by that parallel easterly to the boundary of the Shire of Cloncurry, by that boundary and the boundaries of the Shires of Winton and Barcoo generally easterly, southerly, easterly, south easterly and south westerly to longitude 144 degrees east, by that meridian southerly to the boundary of the Shire of Bulloo, by that boundary generally south easterly and southerly to the state boundary and by that boundary westerly, northerly, westerly and northerly to the point of commencement. Northern Area (B) Comprises the mainland and all islands above their respective sea shores within the encompassing line described in the appendix and referenced to the Australian Geodetic Datum, and all Australian Islands above their respective sea shores north of the Seabed Jurisdiction Line as described in the Treaty between Australia and the Independent State of Papua New Guinea dated 18th December, 1978, including the islands of Anchor Cay, Aubusi Island, Black Rocks, Boigu Island, Bramble Cay, Dauan Island, Deliverance Island, East Cay, Kaumag Island, Kerr Islet, Moimi Island, Pearce Cay, Saibai Island, Turnagain Island and Turu Cay. (5) An allowance shall be paid to the parent of a student at the rate of $432.00 per annum in respect of a student up to twelve (12) years of age or $540.00 per annum from the beginning of the year in which such student attains thirteen (13) years of age where such student lives in a remote area and boards away from home in order to attend a special school or special education unit. The parents shall make application for such allowance in the approved form. For the purposes of this paragraph, "remote area" means an area where there is no special school or special education unit and in which daily transport is not provided to such a school or unit by means of public transport facilities or a school transport service approved by the Director-General. (6) An allowance for textbooks shall be paid to a parent of a student attending an approved school being a secondary school at the following rates:- Year 8 Year 9 Year 10 ................. Year 11 Year 12 ................ $40.00 per annum; $50.00 per annum; $30.00 per annum; $80.00 per annum; $35.00 per annum.

Education (Subordinate Instruments Ratification) Act 1984, No. 77 859 (7) The allowances referred to in subregulations (3), (4), (5) and (6) shall not be paid to a student in receipt of a Commonwealth Aboriginal Grant. (8) An application for an allowance under this regulation shall be made to the Department in the form approved by the Minister for the purpose." 3. The Principal Regulations are amended by repealing regulation 51 and substituting the following regulation:- "51. (1) Subject to section 63 of the Act and to this Regulation, the Minister is hereby authorized- (a) to provide scholarships to be competed for by students living in remote areas attending during the years 1984 and 1985 approved schools which provide satisfactory accommodation and other boarding facilities for students; and (b) to pay an allowance not exceeding the sum of one thousand five hundred and ten dollars ($1,510) in any year in respect of any such student: Provided however that a student living in a remote area shall not be eligible for an abovementioned scholarship or allowance if he attends an approved school which is located in his area or to which daily transport is provided by means of public transport facilities or a school transport service approved by the Director-General: Provided further that a student in receipt of a Commonwealth Aboriginal Grant shall not be eligible for such scholarship or allowance. (2) The number of scholarships to be provided shall not exceed six hundred and fifty (650) and shall be divided equally, as near as practicable, between students who in 1984 are for the first time in Years 11 and 12. (3) The Minister shall determine in such manner as he considers appropriate an order of priority of students in respect of whom applications for scholarships are received, having regard to their academic performance and to the annual family income received by their parents provided that the Minister may direct that scholarships shall not be provided under this Regulation in respect of students whose parents are in receipt of an annual family income in excess of such sum as the Minister from time to time determines. (4) For the purposes of this Regulation- (a) "Remote area" means an area where there is no State school offering the Year of study required and in which daily transport is not provided to such a school by means of public transport facilities or a school transport service approved by the Director-General;

860 Education (Subordinate Instruments Ratification) Act 1984, No. 77 (b) "income" means assessable income within the meaning of the Income Tax AssessmentAct 1936 ( as amended) of the Commonwealth , less total deductions for expenses incurred in gaining assessable income. (5) An application for such scholarship and allowance shall be made to the Department in the form approved by the Minister for the purpose." APPENDIX Commencing on the Seabed Jurisdiction Line as described in the aforesaid Treaty at latitude 9 degrees 30 minutes south, longitude 144 degrees 15 minutes east and bounded thence by a line southerly to the north-eastern extremity of the Great Barrier Reef, by the eastern most reefs thereof southerly to latitude 15 degrees 55 minutes south, by that parallel westerly to the boundary of the Shire of Cook, by that boundary generally south-westerly to longitude 145 degrees east, by that meridian southerly to latitude 17 degrees south, by that parallel westerly to longitude 144 degrees east, by that meridian southerly to the boundary of the Shire of Flinders, by that boundary and the boundaries of the Shires of Richmond, McKinlay and Cloncurry and the City of Mount Isa generally westerly, northerly and westerly to the State Boundary, by that boundary and longitude 138 degrees east, northerly to latitude 14 degrees south, by that parallel easterly to longitude 141 degrees east, by that meridian northerly to the Seabed Jurisdiction Line, and by that Seabed Jurisdiction Line generally north-easterly and easterly to the point of commencement. LIN POWELL, Minister for Education. SECOND SCHEDULE [s. 3] ORDER IN COUNCIL At the Executive Building, Brisbane, the twenty-second day of December, 1983 Present: His Excellency the Governor in Council HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the GrammarSchools Act 1975 and the Statutory Bodies Financial Arrangements Act1982, does hereby:- 1. Authorise the Board of Trustees of the Brisbane Girls' Grammar School to borrow an amount of Eight hundred thousand dollars ($800,000.00) by the sale of debentures subject to the loan being issued at par and to the following terms and conditions:- Purpose of loan-4-Storey Classroom Block, Theatre and Speech and Drama Classroom;

Education (Subordinate Instruments Ratification) Act 1984, No. 77 861 Lender-Westpac Savings Bank Limited; Currency of Loan-Four (4) years; Rate of Interest-Rate ruling date of issue of Order in Council; Payment of Interest and Repayment of Loan-Four (4) years with repayments on the basis of a 10-year period, and to such further terms and conditions as may be contained in any loan instrument applicable hereto. 2. Notify that, approval having been given thereto, the Treasurer on behalf of the Government of Queensland guarantees the aforesaid loan, which guarantee shall be limited to the amount of the loan and interest during the currency of the loan as specified in Clause 1. And the Honourable the Minister for Education is to give the necessary directions herein accordingly. S. SCHUBERT, Clerk of the Council.