Indigenous Education (Targeted Assistance) Amendment Regulations 2007 (No. 1)

Administered by Department of Education, Science and Training

Legislation au F2007L04109 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 349

 

 

Subject - Indigenous Education (Targeted Assistance) Act 2000

 

 Indigenous Education (Targeted Assistance) Amendment Regulations 2007 (No. 1)

 

Authority

Section 18 of the Indigenous Education (Targeted Assistance) Act 2000 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Section 14A of the Act sets out the appropriations for non-ABSTUDY payments for the period from 1 January 2005 to 30 June 2009.  Non-ABSTUDY payments are payments (other than ABSTUDY payments) made for the purposes of the Act to organisations, institutions and individuals.  Payments are made under the Indigenous Education Programme, which includes elements such as Supplementary Recurrent Assistance, English as a Second Language – Indigenous Languages Speaking Students, Indigenous Education Projects, the Indigenous Tutorial Assistance Scheme and Whole of School Intervention Strategy.

 

Subsection 14A(2) of the Act allows the making of regulations to increase the appropriations provided in section 14A by reference to changes in a specified index.  The index applied for this purpose in the Regulations is the Wage Cost Index Number 1 (WCI1).

 

Purpose and operation

The Regulations make provision for an increase in the amounts that may be payable to organisations, institutions and individuals under Section 14A of the Act in order to supplement the cost of delivering educational services to Indigenous students for the period 1 January 2007 to 30 June 2009 in line with changes in the WCI1. 

 

The Regulations amend the Indigenous Education (Targeted Assistance) Regulations 2001 (the Principal Regulations) to provide for increases in the appropriations for non-ABSTUDY amounts set out in subsection 14A(1) of the Act.  The Principal Regulations currently specify a factor of 1.021 for item 1 and 1.040 for item 2 of the table in subsection 14A(1).  These Regulations have the effect of increasing the amounts stated in items 3 and 4 of the table in subsection 14A(1) by a factor of 1.061, which is the increase in the WCI1 for calendar year 2007.

 

The effect of the Regulations is to provide an additional $5.4 million for the period 1 January 2007 to 30 June 2008.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

 

 

 

 

Commencement

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments. 

 

Consultation

 

Consultation was not undertaken as it was not considered necessary.  The Regulations have the effect of increasing the amounts payable under section 14A of the Act.

 

Details of the Regulations

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Indigenous Education (Targeted Assistance) Amendment Regulations 2007 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on the day after they are registered on the Federal Register of Legislative Instruments. 

 

Regulation 3 – Amendment of Indigenous Education (Targeted Assistance) Regulations 2001

 

This regulation provides that the Principal Regulations are amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] – Regulation 5

 

Regulation 5 of the Principal Regulations sets out the factor by which appropriations for non-ABSTUDY payments set out in section 14 of the Act are increased.

 

This item inserts a new regulation 5 which deals with the appropriations for non-ABSTUDY payments for the 2005-2008 quadrennium in accordance with section 14A of the Act.  Regulation 5 provides that, for subsection 14A(2) of the Act, the amounts mentioned in item 1 of the table in subsection 14A(1) are increased by a factor of 1.021, the amounts mentioned in item 2 of the table in subsection 14A(1) are increased by a factor of 1.040, and the amounts mentioned in items 3 and 4 of the table in subsection 14A(1) of the Act are increased by a factor of 1.061, which is the factor by which the Wage Cost Index No. 1 has changed for the 2007 calendar year.

 

Overview

The Indigenous Education (Targeted Assistance) Amendment Regulations 2007 (No. 1) were introduced to address the need for adjustments to appropriations for non-ABSTUDY payments under the Indigenous Education (Targeted Assistance) Act 2000. Enacted by the Governor-General under section 18 of the Act, these regulations aim to align the funding for educational services provided to Indigenous students with the rising costs associated with delivering such services, as measured by the Wage Cost Index Number 1 (WCI1). By amending the Indigenous Education (Targeted Assistance) Regulations 2001, these regulations effectively increase the appropriations for the period from 1 January 2007 to 30 June 2009, supplementing the cost of educational services in response to inflation. The policy objective is to ensure that funding keeps pace with the actual cost of providing educational assistance to Indigenous students, thereby maintaining the quality and accessibility of educational services.

Scope and Application

The Indigenous Education (Targeted Assistance) Amendment Regulations 2007 (No. 1) apply to entities and individuals receiving non-ABSTUDY payments under the Indigenous Education (Targeted Assistance) Act 2000. These payments are intended for educational services for Indigenous students, and they are administered through various programs including the Indigenous Education Programme, which encompasses initiatives such as Supplementary Recurrent Assistance and the Indigenous Tutorial Assistance Scheme. The Act operates on a Commonwealth level, with the regulations applying across Australia. The amendments set out in the Regulations adjust the appropriations for non-ABSTUDY payments from 1 January 2007 to 30 June 2008, in line with changes in the Wage Cost Index Number 1. The Regulations were made under section 18 of the Act, which allows the Governor-General to prescribe matters necessary for carrying out or giving effect to the Act. There are no stated exclusions, exemptions, or thresholds in these specific Regulations, but the primary Act may contain such provisions.

Key Provisions

The Indigenous Education (Targeted Assistance) Amendment Regulations 2007 (No. 1) primarily amend the Indigenous Education (Targeted Assistance) Regulations 2001 to increase the appropriations for non-ABSTUDY payments set out in the Indigenous Education (Targeted Assistance) Act 2000. The key operative sections are sections 14A and 18 of the Act, which provide the authority for these amendments (section 14A(2)). Regulation 5 of the Principal Regulations is amended to reflect the increase in appropriations for the 2005-2008 period. Specifically, items 1 and 2 of the table in subsection 14A(1) are increased by factors of 1.021 and 1.040 respectively, while items 3 and 4 are increased by a factor of 1.061, reflecting the changes in the Wage Cost Index Number 1 for the 2007 calendar year. The Regulations impose obligations on the parties and entities governed by the Act to ensure that the increased appropriations are used for the intended purpose of delivering educational services to Indigenous students. These entities include organisations, institutions, and individuals who receive payments under the Indigenous Education Programme. The increased funding is meant to supplement the cost of delivering these educational services and must be accounted for and utilised in accordance with the Act and the Regulations. The Act itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with the terms of the funding, such as misusing the funds or failing to deliver the intended educational services, could potentially lead to administrative penalties or legal actions under other relevant legislation. The Regulations focus on the financial adjustments necessary to align with the Wage Cost Index, and the primary consequence of non-compliance would be the failure to appropriately fund the educational services intended for Indigenous students, which could be subject to review and rectification by the relevant authorities.

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Area of Law
Indigenous Peoples & Native Title Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Repeal & Amendment

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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.