Aboriginal Education (Supplementary Assistance) Amendment Act 1991

Legislation au C2004A04221 Not in force Act

Legislation content

Aboriginal Education (Supplementary Assistance) Amendment Act 1991

No. 146 of 1991

 

An Act to amend the Aboriginal Education

(Supplementary Assistance) Act 1989

[Assented to 21 October 1991]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Aboriginal Education (Supplementary Assistance) Amendment Act 1991.

(2) In this Act, "Principal Act" means the Aboriginal Education (Supplementary Assistance) Act 19891.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Appropriation for 1990-1992

3. Section 12 of the Principal Act is amended:

(a) by omitting paragraphs (1)(b) and (c) and substituting the following paragraphs:

"(b) appropriated during the year 1991 in the amount of $75,929,500; and


(c) appropriated during the year 1992 in the sum of:

(i) $65,288,900; and

(ii) the 1991 deflator percentage of $65,288,900.";

(b) by omitting subsection (2) and substituting the following subsections:

"(2) If, but for this subsection, the amount to be appropriated during the year 1992 would be an amount consisting of a number of whole dollars and a number of cents, the number of cents is to be disregarded.

"(3) In subsection (1):

'1991 deflator percentage' has the meaning given by section 13.".

1991 deflator percentage

4. Section 13 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of "publish" and substituting the following definition:

" 'relevant publication', in relation to a year, means the Australian National Accounts published by the Australian Statistician in respect of the June quarter in that year.";

(b) by omitting subsections (2), (3) and (4) and substituting the following subsections:

"(2) Subject to subsection (3), the 1991 deflator percentage is:

(a) the percentage (calculated to one decimal place) obtained by using the formula:

where:

'Current deflator' means the amount specified in the relevant publication for the year 1991 as being the deflator in respect of the financial year 1990-91;

'Previous deflator' means the amount specified in the relevant publication for the year 1990 as being the deflator in respect of the financial year 1989-90; or

(b) if the previous deflator is higher than the current deflator—nil.

"(3) Where the percentage obtained by using the formula in paragraph (2)(a) would, if it were calculated to 2 decimal places, end with a number greater than 4, the 1991 deflator percentage is the percentage so obtained increased by 0.1.";

(c) by omitting subsection (6).


NOTE

1. No. 1, 1990.

[Minister's second reading speech made in—

House of Representatives on 3 September 1991

Senate on 12 October 1991]

Overview

The Aboriginal Education (Supplementary Assistance) Amendment Act 1991 was enacted by the Parliament of Australia to address the need for supplementary financial assistance to support Aboriginal education programs. This Act amends the Aboriginal Education (Supplementary Assistance) Act 1989 to provide appropriations for the years 1991 and 1992, and to establish a mechanism for calculating the deflator percentage to adjust funding based on changes in the cost of living. The policy objective of the Act is to ensure that adequate financial resources are available to support the education of Aboriginal students and to maintain the real value of the funding provided under the principal Act.

Scope and Application

The Aboriginal Education (Supplementary Assistance) Amendment Act 1991 applies to the provisions and funding outlined in the Aboriginal Education (Supplementary Assistance) Act 1989, amending specific appropriations and definitions within that Act. This legislation operates at the Commonwealth level, impacting the allocation of funds for supplementary assistance to support Aboriginal education initiatives. The Act modifies the appropriations for the years 1991 and 1992, specifying exact amounts and introducing a deflator percentage for calculating the appropriation for 1992. It also amends the definition of certain terms used in the Principal Act, such as "relevant publication" and the "1991 deflator percentage," which are critical for the accurate calculation of financial adjustments. The Act's provisions extend to ensuring that the appropriation for 1992 disregards any cents in the final amount, thereby rounding down to the nearest whole dollar.

Key Provisions

The Aboriginal Education (Supplementary Assistance) Amendment Act 1991 amends the Aboriginal Education (Supplementary Assistance) Act 1989. The key provisions of this amendment include the appropriations for the years 1991 and 1992, as detailed in section 3. For the year 1991, the appropriation is set at $75,929,500. For the year 1992, the appropriation is defined as $65,288,900 plus the 1991 deflator percentage of the same amount, as specified in section 3(a)(c)(ii). The deflator percentage is calculated according to the formula in section 13(2), using the deflators from the Australian National Accounts for the financial years 1989-90 and 1990-91, and adjusted if necessary as per section 13(3). The Act imposes obligations on the government to ensure the appropriations are allocated as specified. It requires adherence to the deflator calculation outlined in section 13 to determine the precise amount to be appropriated for 1992. The definitions and calculations are designed to provide clarity and consistency in the funding process for Aboriginal education supplementary assistance. Failure to comply with the requirements of this Act may lead to financial mismanagement and could result in civil or administrative consequences. While the Act does not explicitly state penalties, non-compliance with appropriation laws generally can lead to legal scrutiny and potential financial penalties. The precise consequences would depend on the nature and extent of the breach, but it could include financial penalties, audits, and other corrective measures to ensure compliance with the statutory requirements.

Legal classification tags

Area of Law
Education Law
Instrument
Amending Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Appropriation
Deflator Percentage

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.