States Grants (Education Assistance-Participation and Equity) Amendment Act (No. 2) 1985

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States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1985

No. 162 of 1985

 

An Act to amend the States Grants (Education Assistance—Participation and Equity) Act 1983, and for related purposes

[Assented to 11 December 1985]

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

Short title, &c.

1. (1) This Act may be cited as the States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1985.

(2) The States Grants (Education Assistance—Participation and Equity) Act 19831 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. Section 4 of the Principal Act is amended by inserting after the definition of the year 1986 in sub-section (1) the following definition:

“‘the year 1987 means the year commencing on 1 January 1987..


Years to which this Act applies

4. Section 5 of the Principal Act is amended by omitting and the year 1986 and substituting , the year 1986 and the year 1987.

5. After section 8a of the Principal Act the following section is inserted:

Limit on grants under section 7 in respect of 1986

8b. The Minister shall not authorize payments to a State under section 7 in respect of the year 1986 that exceed, in the aggregate, the amount specified in column 2 of Schedule 7 opposite to the name of the State..

6. After section 12a of the Principal Act the following section is inserted:

Limit on grants under Part in respect of 1986

12b. The Minister shall not authorize payments to a State under this Part in respect of the year 1986 that exceed, in the aggregate, the amount specified in column 2 of Schedule 8 opposite to the name of the State..

7. After section 15a of the Principal Act the following section is inserted:

Limit on grants under section 14 in respect of 1986

15b. The Minister shall not authorize payments to a State under section 14 in respect of the year 1986 that exceed, in the aggregate, the amount specified in column 2 of Schedule 9 opposite to the name of the State..

Limits on grants in respect of 1984, 1985 and 1986

8. Section 18 of the Principal Act is amended—

(a) by omitting from sub-section (1a) $75,804,000 and substituting $76,408,000;

(b) by inserting after sub-section (1a) the following sub-section:

(1b) The Minister shall not authorize prescribed payments in respect of the year 1986 that exceed, in the aggregate, $39,144,000.; and

(c) by omitting from sub-section (2) sub-sections (1) and (1a) and substituting sub-sections (1), (1a) and (1b).

Limits on grants under section 20 in respect of 1984, 1985 and 1986

9. Section 21 of the Principal Act is amended—

(a) by omitting from sub-section (2) $710,000 and substituting $717,000; and

(b) by adding at the end the following sub-section:

(3) The Minister shall not authorize payments to the States under section 20 in respect of the year 1986 that exceed, in the aggregate, $327,000..

Limits on grants under section 22a in respect of 1985 and 1986

10. Section 22b of the Principal Act is amended—

(a) by omitting from sub-section (1) $1,180,000 and substituting $1,147,000; and

(b) by adding at the end the following sub-section:

(2) The Minister shall not authorize payments to the States under section 22a in respect of the year 1986 that exceed, in the aggregate, $576,000..

11. Section 24 of the Principal Act is repealed and the following section is substituted:

Limit on grants under Act in respect of 1987

24. The Minister shall not authorize payments under this Act in respect of the year 1987 that exceed, in the aggregate, $42,423,000..

12. After section 25a of the Principal Act the following section is inserted:

Transfer of amounts between Schedules 7 and 9

25b. (1) Subject to sub-section (2), the Commonwealth Education Minister may, at the request of the State Education Minister of a State, declare that this Act shall have effect as if there were substituted for the amount in column 2 of Schedule 7, and the amount in column 2 of Schedule 9, opposite to the name of the State such other amounts as are respectively specified in the declaration, being amounts the sum of which is equal to the sum of the first-mentioned amount and the second-mentioned amount and, where the Minister so declares, this Act shall have effect accordingly.

(2) The Minister shall not, in a declaration under sub-section (1), specify, as the amount to be substituted for the amount in column 2 of Schedule 7, or column 2 of Schedule 9, opposite to the name of a State, an amount that is less than the sum of the amounts of the payments to the State that have previously been authorized by the Minister in respect of the year 1986 under section 7 or 14, as the case may be..

Schedules

13. Schedules 4, 5 and 6 to the Principal Act are repealed and the Schedules set out in Schedule 1 to this Act are substituted.

Consequential amendments

14. The Principal Act is amended as set out in Schedule 2 to this Act.

Payments made under Principal Act

15. 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 Section 13

NEW SCHEDULES 4 TO 9 (INCLUSIVE) TO THE PRINCIPAL ACT

SCHEDULE 4 Section 8a

GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS—1985

Column 1

Column 2

Name of State

Amounts

 

$

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

13,390,000

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

10,877,000

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

7,134,000

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

4.055,000

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

3,760,000

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

1,326,000

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

435,000

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

40,977,000

 

SCHEDULE 5 Section 12A

NON-GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS 1985

 

Column 1

Column 2

Name of State

Amounts

 

$

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

1,580,000

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

1,579,000

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

768,000

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

379,000

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

311,000

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

102,000

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

36,000

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

4,755,000

 


SCHEDULE 1—continued

SCHEDULE 6 Section 15a

TECHNICAL AND FURTHER EDUCATION PROJECTS AND PROGRAMS—1985

Column 1

Column 2

Name of State

Amounts

 

$

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

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

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

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

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

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

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

13,088,000 8,445,000 5.653,000 3,276,000 3,375,000 1,280,000 314,000

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

35,431,000

 

SCHEDULE 7 Section XII

GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS 1986

Column 1

Column 2

Name of State

Amounts

 

$

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

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

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

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

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

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

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

6,749,000 5,417,000 3,606,000 2,046,000 1,851,000 661,000 233,000

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

20,563,000

 


SCHEDULE 1—continued

SCHEDULE 8 Section 12b

NON-GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS—1986

Column 1

Column 2

Name of State

Amounts

 

$

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

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

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

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

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

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

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

770,000 762,000 389,000 196,000 166,000 65,000 28,000

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

2,376,000

 

SCHEDULE 9 Section 15b

TECHNICAL AND FURTHER EDUCATION PROJECTS AND PROGRAMS—1986

Column 1

Column 2

Name of State

Amounts

 

$

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

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

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

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

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

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

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

6,959,000 4,097,000 3,140,000 1,799,000 1,788,000 628,000 170,000

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

18,581,000

 


SCHEDULE 2 Section 14

CONSEQUENTIAL AMENDMENTS

Sub-section 7 (1)

After 8a,, insert 8b,.

Sub-section 10 (1)—

After 12a, insert , 12b.

Sub-section 11 (1)—

After 12a, insert “, 12b.

Sub-section 14 (1)—

After 15a,, insert 15b,.

 

NOTE

1. No. 118, 1983, as amended. For previous amendments, see Nos. 51, 72 and 128, 1984; and No. 62, 1985.

[Minister’s second reading speech made in—

House of Representatives on 20 November 1985

Senate on 3 December 1985]

Overview

The States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1985, enacted by the Queen's assent on 11 December 1985, is an amendment to the States Grants (Education Assistance—Participation and Equity) Act 1983. This Act was introduced by the Commonwealth Parliament to address the need for financial management and equitable distribution of education assistance grants among states for the fiscal years 1986 and 1987. The policy objective of this amendment is to impose specific limits on the aggregate amount of payments that can be authorised to each state for certain education assistance programs during the specified years. This Act ensures the funds are allocated effectively and transparently in line with the policy objectives of the Principal Act. This amendment introduces specific limitations on the grants that can be authorised for the years 1986 and 1987 and includes provisions for transferring amounts between different schedules related to government schools, non-government schools, and technical and further education projects and programs. The Act also provides for the amendment of schedules and consequential amendments to ensure the smooth implementation of the new limits and reallocations.

Scope and Application

The States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1985 amends the States Grants (Education Assistance—Participation and Equity) Act 1983 to provide additional funding and set specific limits on payments for education assistance for the years 1986 and 1987. The Act applies to the Commonwealth and all states and territories in Australia, as it amends the Principal Act which governs the allocation of funds for education assistance. The legislation outlines specific grant limits for various education programs and projects for the states and territories, detailing the amounts that can be allocated for government schools, non-government schools, and technical and further education projects. These limits are specified in the schedules attached to the Act. The Act also includes provisions for the transfer of amounts between certain schedules, subject to certain conditions. The Act extends its application through the use of subordinate instruments, such as the schedules which detail specific financial allocations.

Key Provisions

The key provisions of the States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1985 are primarily concerned with amending the States Grants (Education Assistance—Participation and Equity) Act 1983 to adjust grant limits for education assistance for the years 1986 and 1987. The Act introduces new sections to impose specific limits on grants for various educational programs and purposes, and it replaces existing schedules with updated figures for the financial years in question. The Act mandates that the Minister for Education must not authorise payments to a state that exceed the specified limits for each state for government schools projects and programs, non-government schools projects and programs, and technical and further education projects and programs for the years 1986 and 1987. For example, Section 8b imposes a limit on grants for government schools projects and programs in 1986, with specific amounts listed for each state in Schedule 7. Similarly, Sections 12b and 15b, along with their respective schedules, lay out limits for non-government schools and technical and further education projects and programs. The Act also allows for the transfer of amounts between certain schedules at the request of a state education minister, as long as the total amount of payments does not fall below previously authorised amounts. The obligations imposed by this Act require the Minister for Education to adhere strictly to the financial limits set out in the amended schedules. Any payments authorised must not exceed the specified amounts for each state and purpose outlined in the Act. The Act also includes consequential amendments to ensure that all references to the amended sections and schedules are properly updated. Failure to comply with the provisions of this Act could result in unauthorized payments being made, which would be in breach of the specified limits. While the Act does not explicitly state penalties for such breaches, unauthorised payments could potentially lead to legal challenges or other consequences under the broader framework of the Principal Act and other related legislation. The maximum penalties would depend on the specific nature of the breach and the applicable laws at the time.

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