Indigenous Education (Targeted Assistance) Regulations 2001

Administered by Department of the Prime Minister and Cabinet

Legislation au F2001B00341 Regulations Not in force Legislative Instrument

Legislation content

Indigenous Education (Targeted Assistance) Regulations 2001

Statutory Rules No. 253, 2001 as amended

made under the

Indigenous Education (Targeted Assistance) Act 2000

Compilation start date:   4 April 2013

Includes amendments up to: SLI No. 48, 2013

About this compilation

The compiled instrument

This is a compilation of the Indigenous Education (Targeted Assistance) Regulations 2001 as amended and in force on 4 April 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 16 May 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provision ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

 

 

 

 

 

 

Contents

1 Name of Regulations

2 Commencement

3 Definition

4 Appropriations for non‑ABSTUDY payments (Act s 14)

5 Appropriations for non‑ABSTUDY payments—2005 to 2008 quadrennium (Act s 14A)

6 Appropriations for non‑ABSTUDY payments—2009 to 2012 quadrennium (Act s 14B)

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 4—Uncommenced amendments [none]

Endnote 5—Misdescribed amendments [none]

 

 

 

1  Name of Regulations

  These Regulations are the Indigenous Education (Targeted Assistance) Regulations 2001.

2  Commencement

  These Regulations commence on gazettal.

3  Definition

  In these Regulations:

Act means the Indigenous Education (Targeted Assistance) Act 2000.

4  Appropriations for non‑ABSTUDY payments (Act s 14)

 (1) For subsection 14(5) of the Act, the amount mentioned in subsection 14(1) of the Act is increased by a factor of 1.019, which is the factor by which the Wage Cost Index No. 1 has changed from the 1999–2000 financial year to the 2000–2001 financial year.

 (2) For subsection 14(5) of the Act, the amount mentioned in subsection 14(2) of the Act is increased by a factor of 1.041, which is the cumulative factor by which the Wage Cost Index No. 1 has changed from the 1999–2000 financial year to the 2001–2002 financial year.

 (3) For subsection 14(5) of the Act, the amount mentioned in subsection 14(3) of the Act is increased by a factor of 1.067, which is the cumulative factor by which the Wage Cost Index No. 1 has changed from the 1999–2000 financial year to the 2002–2003 financial year.

 (4) For subsection 14(5) of the Act, the amount mentioned in subsection 14(4) of the Act is increased by a factor of 1.090, which is the cumulative factor by which the Wage Cost Index No. 1 has changed from the 1999–2000 financial year to the 2003–2004 financial year.

Note: The Wage Cost Index No. 1 is the index determined in writing by the Finance Minister for subsection 14(5) of the Act.

5  Appropriations for non‑ABSTUDY payments—2005 to 2008 quadrennium (Act s 14A)

 (1) For subsection 14A(2) of the Act, an amount mentioned in an item of the table in subsection 14A(1) of the Act is increased by the factor specified in the following table for that item.

 

Item

The amount mentioned in this item of the table in the Act …

is increased by …

1

item 1

1.021

2

item 2

1.040

3

item 3

1.061

4

item 4

1.083

 (2) The factors set out in the table in subregulation (1) are based on changes to the Wage Cost Index No. 1.

6  Appropriations for non‑ABSTUDY payments—2009 to 2012 quadrennium (Act s 14B)

 (1) For subsection 14B(2) of the Act, an amount mentioned in an item of the table in subsection 14B(1) of the Act is increased by the factor specified in the following table for that item.

 

Item

The amount mentioned in this item of the table in the Act …

is increased by …

1

item 1

1.02

2

item 2

1.039

3

item 3

1.056

4

item 4

1.073

 (2) The factors set out in the table in subregulation (1) are based on changes to the Wage Cost Index No. 1.

 

Endnotes

 

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Indigenous Education (Targeted Assistance) Regulations 2001.

 

Number and year

Gazettal or FRLI registration date

Commencement
date

Application, saving and transitional provisions

2001 No. 253

28 Sept 2001

28 Sept 2001

—

2002 No. 231

4 Oct 2002

4 Oct 2002

—

2003 No. 299

5 Dec 2003

5 Dec 2003

—

2004 No. 294

7 Sept 2004

7 Sept 2004

—

2005 No. 215

7 Oct 2005 (see F2005L03011)

1 Oct 2005

—

2006 No. 310

4 Dec 2006 (see F2006L03883)

5 Dec 2006

—

2007 No. 349

19 Oct 2007 (see F2007L04109)

20 Oct 2007

—

2008 No. 230

3 Dec 2008 (see F2008L04483)

4 Dec 2008

—

2009 No. 284

2 Nov 2009 (see F2009L03990)

3 Nov 2009

—

2011 No. 24

15 Mar 2011 (see F2011L00419)

16 Mar 2011

—

2012 No. 78

31 May 2012 (see F2012L01132)

1 June 2012

—

48, 2013

3 Apr 2013 (see F2013L00606)

4 Apr 2013

—

 

Endnote 2—Amendment history

This endnote sets out the amendment history of the Indigenous Education (Targeted Assistance) Regulations 2001.

 

ad. = added or inserted    am. = amended    rep. = repealed    rs. = repealed and substituted    exp. = expired or ceased to have effect

Provision affected

How affected

r. 4.....................

rs. 2002 No. 231

 

am. 2003 No. 299; 2004 No. 294

r. 5.....................

ad. 2005 No. 215

 

rs. 2006 No. 310; 2007 No. 349

 

am. 2008 No. 230

r. 6.....................

ad. 2009 No. 284

 

rs. 2011 No. 24

 

am. 2012 No. 78; No. 48, 2013

 

Endnote 4—Uncommenced amendments [none]

There are no uncommenced amendments.

 

Endnote 5—Misdescribed amendments [none]

There are no misdescribed amendments.

 

Overview

The Indigenous Education (Targeted Assistance) Regulations 2001 were enacted to provide the regulatory framework under which the Indigenous Education (Targeted Assistance) Act 2000 operates. The Act was passed by the Australian Parliament to address the specific educational needs of Indigenous students by providing targeted assistance to improve educational outcomes. The Regulations were made under the authority of the Act and commenced upon gazettal. They primarily focus on the appropriation of funds for non-ABSTUDY payments, adjusting the amounts based on changes in the Wage Cost Index No. 1 over various financial years. These adjustments ensure that funding levels keep pace with inflation and other economic factors, thereby maintaining the real value of the assistance provided to Indigenous students.

Scope and Application

The Indigenous Education (Targeted Assistance) Regulations 2001, as amended, are a legislative instrument made under the Indigenous Education (Targeted Assistance) Act 2000. These Regulations primarily apply to the appropriation of funds for targeted assistance towards Indigenous education, particularly concerning payments other than those under the ABSTUDY scheme. The adjustments to the appropriations are indexed based on changes to the Wage Cost Index No. 1, ensuring that the funding levels keep pace with inflation over specific quadrennia. The Regulations, which came into effect upon gazettal, also include provisions for updating the financial allocations for non-ABSTUDY payments from 2005 to 2008 and from 2009 to 2012, ensuring that the financial support remains relevant and effective. There are no uncommenced amendments or misdescribed amendments in this legislative instrument, reflecting its current, effective status as of 4 April 2013.

Key Provisions

The Indigenous Education (Targeted Assistance) Regulations 2001, as amended and in force on 4 April 2013, detail the appropriation of funds for non-ABSTUDY payments under the Indigenous Education (Targeted Assistance) Act 2000. Regulation 4 specifies adjustments to the amounts allocated for non-ABSTUDY payments for the 2000–2001 to 2003–2004 financial years, reflecting changes in the Wage Cost Index No. 1. For instance, the amount mentioned in subsection 14(1) of the Act is increased by a factor of 1.019 for the 2000–2001 financial year. Regulations 5 and 6 provide similar adjustments for the 2005–2008 and 2009–2012 quadrennia, respectively, using factors derived from the Wage Cost Index No. 1. These regulations impose specific financial obligations on the relevant parties or entities, requiring them to adjust the funding allocations for non-ABSTUDY payments in accordance with the changes detailed in the regulations. This includes ensuring that the funding reflects the adjustments based on the Wage Cost Index No. 1 for the specified financial years. Compliance with these regulations is crucial for the effective distribution of funds intended to support targeted education assistance for Indigenous students. The regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, non-compliance with these financial obligations could potentially lead to legal consequences under the overarching Act or other related legislation, as the Act provides mechanisms for ensuring that funds are used as intended. Breaches of the Act or regulations could result in civil or criminal penalties, though the exact penalties would depend on the nature and severity of the breach.

Legal classification tags

Area of Law
Indigenous Peoples & Native Title Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Appropriations and Budget

Interactions

Authorises

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