Aboriginal Education (Supplementary Assistance) Amendment Act 1992

Overview

The Aboriginal Education (Supplementary Assistance) Amendment Act 1992, enacted by the Parliament of Australia, was introduced to address the need for supplementary assistance in Aboriginal education. The Act amends the Aboriginal Education (Supplementary Assistance) Act 1989 by making specific appropriations and defining terms such as "permitted payment" to clarify the scope of funding. The policy objective is to ensure that funds are appropriately allocated for the monitoring, evaluation, and publicity of the Act's objectives, as well as for agreements aimed at advancing these objectives. This amendment also involves the appropriation of unspent funds from previous appropriations and sets out new appropriations for specific periods to facilitate permitted payments, ensuring continuity in the provision of supplementary assistance for Aboriginal education.

Scope and Application

The Aboriginal Education (Supplementary Assistance) Amendment Act 1992 is an Act of the Parliament of Australia that amends the Aboriginal Education (Supplementary Assistance) Act 1989, focusing on the appropriation and expenditure of funds related to supplementary assistance for Aboriginal education. This Act applies to the appropriation of funds from the Consolidated Revenue Fund and the allocation of these funds for permitted payments as defined in the Act, which include payments made under agreements, for monitoring or evaluating the effectiveness of agreements or the Act itself, and for publicising the Act and its objectives. The geographic reach of this legislation is national, as it pertains to the Commonwealth level of governance in Australia. The Act does not specify exclusions or exemptions but rather focuses on the appropriation and allocation of funds. The Act’s application can be extended or restricted through subordinate instruments, which may detail the specific terms and conditions of permitted payments and the monitoring and evaluation activities.

Key Provisions

The Aboriginal Education (Supplementary Assistance) Amendment Act 1992 introduces several key changes to the Aboriginal Education (Supplementary Assistance) Act 1989, referred to here as the Principal Act. Section 3 of the Amendment Act amends the definition of 'permitted payment' in the Principal Act, specifying that it now includes payments made under an agreement, for monitoring or evaluating the effectiveness of such agreements or the Act itself, and for publicising the Act and its objectives (s. 3). Additionally, section 4 introduces a new provision stating that each appropriation made by the Act operates separately from others (s. 10A). Section 5 of the Amendment Act further modifies the Principal Act by introducing new sections 13A and 13B. Section 13A addresses unspent appropriations from the 1992 period, allocating any unspent funds to the period starting on 1 January 1993 and ending on 30 June 1993 for permitted payments (s. 13A). Section 13B then appropriates specific amounts for the periods starting on 1 January 1993 and ending on 30 June 1994 ($76,914,000), 1 January 1994 to 30 June 1995 ($81,342,000), and 1 January 1995 to 30 June 1996 ($83,095,000) for permitted payments during these periods (s. 13B). Finally, section 6 repeals sections 11, 12, 13, and 13A of the Principal Act, as well as Schedules 1 and 2 (s. 6). The Amendment Act imposes specific obligations on the entities it governs. These include ensuring that any payments made are classified as 'permitted payments' under the amended definition, and that they are used for the purposes specified in the Act, such as under agreements, for monitoring and evaluation, or for publicity. Entities must also ensure compliance with the new appropriation provisions, particularly those relating to the reallocation of unspent funds and the specific appropriations for the defined periods. In terms of consequences for non-compliance, while the Act does not explicitly detail offences, penalties, or specific consequences for breaches, breaches of the Act could potentially lead to legal actions under the general legislative framework governing public funds and appropriations in Australia. The penalties for such breaches could range from financial penalties to more severe administrative or criminal sanctions, depending on the nature and extent of the breach. However, specific penalties are not detailed within the text of this Amendment Act.