States Grants (Schools Assistance) Amendment Act 1988 (Cth)

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States Grants (Schools Assistance) Amendment Act 1988

No. 61 of 1988

An Act to amend the States Grants (Schools Assistance) Act 1984

[Assented to 15 June 1988]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the States Grants (Schools Assistance) Amendment Act 1988.

(2) In this Act, “Principal Act” means the States Grants (Schools Assistance) Act 19841.

Commencement

2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Subsection 5 (2) shall be taken to have commenced on 16 December 1987.

New non-government systemic schools etc.—1986 and subsequent years

3. Section 6a of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsection:

“(1a) This section does not apply in relation to a change in the location of a systemic school or of a part of a systemic school initiated during the year 1990 or a subsequent year if:

(a) the change is to a location adjacent to the location of the school or of that part of the school immediately before the change; and

(b) education is provided at the new location at the same level or levels at which it was provided at the previous location.”;

(b) by omitting subsection (10) and substituting the following subsection:

“(10) The Minister shall not make a determination under paragraph 9 (b) in relation to a relocation or partial relocation of a school after the expiration of the period of 2 years from the commencement of the year in which the relocation or partial relocation was proposed to be initiated unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that period.”;

(c) by omitting subsection (12) and substituting the following subsection:

“(12) The Minister shall not make a determination under subsection (11) in relation to the provision of education at a particular level at a school after the expiration of the period of 2 years from the commencement of the year in which the provision of education at that level at the school was proposed to be initiated unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that period.”;

(d) by inserting in subsection (20) “of the period of 2 years from the commencement” after “expiration” (first occurring);

(e) by omitting from subsection (20) “year” (last occurring) and substituting “period”.

New non-government non-systemic schools etc.—1986 and subsequent years

4. Section 7a of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsection:

“(1a) This section does not apply in relation to a change in the location of a non-systemic school or of a part of a non-systemic school initiated during the year 1990 or a subsequent year if:

(a) the change is to a location adjacent to the location of the school or of that part of the school immediately before the change; and

(b) education is provided at the new location at the same level or levels at which it was provided at the previous location.”;

(b) by omitting subsection (10) and substituting the following subsection:

“(10) The Minister shall not make a determination under paragraph 9 (b) in relation to a relocation or partial relocation of a school after the expiration of the period of 2 years from the commencement of the year in which the relocation or partial relocation was proposed to be initiated unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that period.”;

(c) by omitting subsection (12) and substituting the following subsection:

“(12) The Minister shall not make a determination under subsection (11) in relation to the provision of education at a particular level at a school after the expiration of the period of 2 years from the commencement of the year in which the provision of education at that level at the school was proposed to be initiated unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that period.”;

(d) by inserting in subsection (20) “of the period of 2 years from the commencement” after “expiration” (first occurring);

(e) by omitting from subsection (20) “year” (last occurring) and substituting “period”.

Amendment of certain provisions of the Principal Act

5. (1) The Principal Act is amended as set out in Schedule 1.

(2) The Principal Act is amended as set out in Schedule 2.

(3) Anything done at any time after 15 December 1987 and before the day on which this Act received the Royal Assent that would have been authorised by the Principal Act as amended by virtue of subsection (2) if that Act as so amended had been in force at that time shall, for all purposes, be deemed to have been lawfully done at that time.

Amendment of Schedules

6. (1) Schedule 1 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 3 to this Act.

(2) Schedule 2 to the Principal Act is repealed and the Schedule set out in Schedule 4 to this Act is substituted.

(3) Schedule 3 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 5 to this Act.

(4) Schedule 4 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 6 to this Act.

(5) Schedule 5 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 7 to this Act.

(6) Schedule 11 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 8 to this Act.

(7) Schedule 14 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 9 to this Act.

(8) Schedule 15 to the Principal Act is amended by omitting Part IV and substituting the Part set out in Schedule 10 to this Act.

Payments made before Royal Assent

7. Payments (including advances) by way of financial assistance made to a State or to the Northern Territory under the Principal Act shall be deemed to have been made for the purposes of the Principal Act as amended by this Act.

SCHEDULE 1 Subsection 5 (1)

AMENDMENTS OF CERTAIN PROVISIONS OF THE PRINCIPAL ACT

Subsection 3 (1) (paragraph (a) of the definition of “full fee paying private overseas secondary student”):

Insert “full-time or part-time” before “student”.

Subsection 3 (1) (paragraph (a) of the definition of “general education in English as a second language”):

Insert “who are permanent residents and” after “students”.

Subsection 3 (1) (paragraph (b) of the definition of “general education in English as a second language”):

Insert “who are permanent residents” after “students” (second occurring)

Subsection 5 (4):

Omit “$2,057”, substitute “$2,082”.

Subsection 27 (3c):

Omit “$52,276,000”, substitute “$54,302,000”.

Subsection 27 (3d):

Omit “$3,037,000”, substitute “$3,155,000”.

Paragraphs 28 (1) (g) and (h):

Omit “is situated in”, substitute “serves”.

Paragraphs 29 (1) (g) and (h):

Omit “is situated in”, substitute “serves”.

Paragraph 53 (4) (a):

Omit “$6,422,000”, substitute “$6,671,000”.

Paragraph 53 (4) (b):

Omit “$2,569,000”, substitute “$2,668,000”.

Subsection 70c (2):

Omit “$211,000”, substitute “$214,000”.

SCHEDULE 2 Subsection 5 (2)

AMENDMENTS OF CERTAIN PROVISIONS OF THE PRINCIPAL ACT

Subsection 3 (1) (paragraph (b) of the definition of “permanent resident”):

Insert “in relation” after “person”.

Subsections 26 (1), (1a), (2), (2b), (3) and (4):

Insert “or 25b” after “25” (wherever occurring).

Subparagraph 26 (2b) (b) (v):

Insert “, in relation to each project,” after “will”.

Paragraph 26 (2b) (c):

Omit “, if the Commonwealth Education Minister so requires, pay to the Commonwealth”, substitute “pay to the Commonwealth such amount as the Commonwealth Education Minister specifies, not being an amount exceeding”.

Subsections 26 (2c) and (2d):

Omit “, if the Commonwealth Education Minister so requires, pay to the Commonwealth”, substitute “pay to the Commonwealth such amount as the Commonwealth Education Minister specifies, not being an amount exceeding”.

Subsections 27 (3c) and (3d):

Omit “25”, substitute “25b”.

Subsection 27 (4):

Omit “that section”, substitute “section 26”.

Subsection 27 (4aa):

(a) Omit “a year to which section 26 applies”, substitute “the year 1988 or a subsequent year”.

(b) Omit “that section”, substitute “section 26”.

SCHEDULE 3 Subsection 6 (1)

NEW PART IV OF SCHEDULE 1 TO THE PRINCIPAL ACT

PART IV—1988

Column 1

Column 2

Name of State

Amounts

New South Wales........................................................................

$

56,887,000

Victoria......................................................................................

41,136,000

Queensland.................................................................................

28,195,000

Western Australia........................................................................

15,624,000

South Australia...........................................................................

14,499,000

Tasmania....................................................................................

4,975,000

Northern Territory.......................................................................

1,980,000

Total....................................................................................

163,296,000

SCHEDULE 4 Subsection 6 (2)

NEW SCHEDULE 2 TO THE PRINCIPAL ACT

SCHEDULE 2 Section 11

GOVERNMENT SCHOOLS—RECURRENT EXPENDITURE

PART I—LEVELS OF ASSISTANCE FOR RECURRENT GRANTS FOR PRIMARY SCHOOLS (INCLUSIVE OF MAXIMUM RESOURCE AGREEMENT ALLOCATIONS)

Column 1

Column 2

Column 3

Column 4

Amount per student for 1985

Amount per student for 1986

Amount per student for 1987

Amount per student for 1988

$

$

$

$

158

174

185

197

PART II—BASE YEAR LEVELS OF ASSISTANCE FOR RECURRENT GRANTS FOR PRIMARY SCHOOLS

Column 1

Column 2

Column 3

Column 4

Amount per student for 1985

Amount per student for 1986

Amount per student for 1987

Amount per student for 1988

$

$

$

$

151

167

173

178

SCHEDULE 4—continued

PART III—LEVELS OF ASSISTANCE FOR RECURRENT GRANTS FOR SECONDARY SCHOOLS (INCLUSIVE OF MAXIMUM RESOURCE AGREEMENT ALLOCATIONS)

Column 1

Column 2

Name of State

Amounts

student for 1985

student for 1986

student for 1987

student for 1988

$

174

$

204

$

237

$

269

PART IV—BASE YEAR LEVELS OF ASSISTANCE FOR RECURRENT GRANTS FOR SECONDARY SCHOOLS

Column 1

Column 2

Column 3

Column 4

Amount per student for 1985

Amount per student for 1986

Amount per student for 1987

Amount per student for 1988

$

151

$

184

$

191

$

196

SCHEDULE 5 Subsection 6 (3)

NEW PART IV OF SCHEDULE 3 TO THE PRINCIPAL ACT

PART IV—1988

Column 1

Column 2

Column 3

Name of State

Amounts

Amounts

New South Wales......................................................

$

10,005,000

$

1,656,000

Victoria....................................................................

8,465,000

1,401,000

Queensland...............................................................

2,080,000

345,000

Western Australia......................................................

2,083,000

346,000

South Australia.........................................................

2,166,000

358,000

Tasmania..................................................................

285,000

47,000

Northern Territory.....................................................

251,000

42,000

Total..................................................................

25,335,000

4,193,000

SCHEDULE 6 Subsection 6 (4)

NEW PART IV OF SCHEDULE 4 TO THE PRINCIPAL ACT

PART IV—1988

Column 1

Column 2

Column 3

Column 4

Column 5

Disadvantaged government schools

Disadvantaged non-government schools

Prescribed country areas

Name of State

Totals

$

$

$

$

New South Wales......

12,413,000

2,500,000

2,838,000

17,751,000

Victoria....................

10,595,000

2,693,000

1,678,000

14,966,000

Queensland...............

3,669,000

560,000

2,725,000

6,954,000

Western Australia......

2,916,000

479,000

2,005,000

5,400,000

South Australia.........

3,023,000

316,000

1,181,000

4,520,000

Tasmania..................

863,000

92,000

394,000

1,349,000

Northern Territory.....

908,000

32,000

422,000

1,362,000

Total..................

34,387,000

6,672,000

11,243,000

52,302,000

SCHEDULE 7 Subsection 6 (5)

NEW PART IV OF SCHEDULE 5 TO THE PRINCIPAL ACT

PART IV—1988

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Name of State

Government special education (including government integration activities)

Government integration activities

Non-government special education (including non-government integration activities)

Non-government integration activities

Special Education Services

$

$

$

$

$

New South Wales.

6,883,000

534,000

1,783,000

152,000

3,413,000

Victoria................

4,976,000

386,000

1,651,000

142,000

4,820,000

Queensland..........

3,411,000

264,000

770,000

66,000

1,510,000

Western Australia.

1,889,000

146,000

396,000

33,000

884,000

South Australia.....

1,754,000

136,000

347,000

30,000

2,846,000

Tasmania.............

602,000

47,000

113,000

9,000

204,000

Northern Territory

239,000

19,000

33,000

3,000

123,000

Total..............

19,754,000

1,532,000

5,093,000

436,000

13,800,000

SCHEDULE 8 Subsection 6 (6)

NEW PART IV OF SCHEDULE 11 TO THE PRINCIPAL ACT

PART IV—1988

Column 1

Column 2

Column 3

Column 4

Total of all additional grants under section 31 for non-government schools in need of short-term emergency assistance

Total of all grants under sections 32 and 33 for general education in English as a second language in non-government schools

Total of all grants under section 73 for approved education centres

Total of all grants under section 76 for projects or programs of national significance

$

382,000

$

10,575,000

$

1,845,000

$

1,860,000

SCHEDULE 9 Subsection 6 (7)

NEW PART IV OF SCHEDULE 14 TO THE PRINCIPAL ACT

PART IV—1988

Column 1

Column 2

Column 3

Name of State

Residential institutions

Handicapped children

$

$

New South Wales................................................

905,000

1,451,000

Victoria..............................................................

690,000

1,107,000

Queensland.........................................................

453,000

727,000

Western Australia................................................

248,000

399,000

South Australia...................................................

219,000

352,000

Tasmania............................................................

77,000

124,000

Northern Territory...............................................

30,000

49,000

Total............................................................

2,624,000

4,209,000

SCHEDULE 10 Subsection 6 (8)

NEW PART IV OF SCHEDULE 15 TO THE PRINCIPAL ACT

PART IV—1988

Column 1

Column 2

Name of State

Amounts

$

New South Wales..................................................................

1,537,000

Victoria................................................................................

1,131,000

Queensland...........................................................................

668,000

Western Australia..................................................................

391,000

South Australia.....................................................................

449,000

Tasmania..............................................................................

127,000

Northern Territory.................................................................

57,000

Total..............................................................................

4,361,000

note

1. No. 126, 1984, as amended. For previous amendments, see Nos. 60 and 163, 1985; Nos. 66 and 155, 1986; and Nos. 37 and 122, 1987.

[Minister’s second reading speech made in—

House of Representatives on 27 April 1988

Senate on 24 May 1988

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