States Grants (Education Assistance-Participation and Equity) Amendment Act (No. 2) 1986

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States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1986

No. 156 of 1986

 

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

[Assented to 18 December 1986]

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) 1986.

(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.


Grants for expenditure in connection with approved projects and programs for government schools

3. Section 7 of the Principal Act is amended by omitting from sub-section (1) “18 and 24” and substituting 8c and 18”.

4. After section 8b of the Principal Act the following section is inserted:

Limit on grants under section 7 in respect of 1987

8c. The Minister shall not authorise payments to a State under section 7 in respect of the year 1987 that exceed, in the aggregate, the amount specified in Column 2 of Schedule 10 opposite to the name of the State..

Grants for expenditure in connection with approved projects or programs for systemic schools

5. Section 10 of the Principal Act is amended by omitting from sub-section (1) “24” and substituting “12c”.

Grants for expenditure in connection with approved projects or programs for non-systemic schools

6. Section 11 of the Principal Act is amended by omitting from sub-section (1) “24” and substituting “12c”.

7. After section 12b of the Principal Act the following section is inserted:

Limit on grants under Part in respect of 1987

“12c. The Minister shall not authorise payments to a State under this Part in respect of the year 1987 that exceed, in the aggregate, the amount specified in Column 2 of Schedule 11 opposite to the name of the State..

Grants for expenditure in connection with approved projects or programs for technical and further education institutions, &c.

8. Section 14 of the Principal Act is amended by omitting from sub-section (1) “18 and 24” and substituting “15c and 18”.

9. After section 15b of the Principal Act the following section is inserted:

Limit on grants under section 14 in respect of 1987

“15c. The Minister shall not authorise payments to a State under section 14 in respect of the year 1987 that exceed, in the aggregate, the amount specified in Column 2 of Schedule 12 opposite to the name of the State..

Grants for expenditure in relation to other approved projects or programs

10. Section 17 of the Principal Act is amended by omitting from sub-section (1) sections 18 and 24” and substituting section 18”.


Limits on grants in respect of 1984, 1985, 1986 and 1987

11. Section 18 of the Principal Act is amended—

(a) by omitting from sub-section (1b) $39,879,000 and substituting $40,542,000; and

(b) by omitting sub-section (2) and substituting the following sub-sections:

(2) The Minister shall not authorise prescribed payments in respect of the year 1987 that exceed, in the aggregate, $41,243,000.

(3) In this section, prescribed payment means a payment to a State under section 7, 14 or 17..

Grants for expenditure in relation to approved projects or programs of national significance

12. Section 20 of the Principal Act is amended by omitting from sub-section (1) sections 21 and 24 and substituting section 21.

Limits on grants under section 20 in respect of 1984, 1985, 1986 and 1987

13. Section 21 of the Principal Act is amended—

(a) by omitting from sub-section (3) $335,000 and substituting $342,000; and

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

(4) The Minister shall not authorise payments to the States under section 20 in respect of the year 1987 that exceed, in the aggregate, $345,000..

Grants for expenditure in relation to approved projects or programs related to Aboriginal education

14. Section 22a of the Principal Act is amended by omitting from sub-section (1) sections 22b and 24 and substituting section 22b”.

Limits on grants under section 22a in respect of 1985, 1986 and 1987

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

(a) by omitting from sub-section (2) $592,000 and substituting $606,000; and

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

(3) The Minister shall not authorise payments to the States under section 22a in respect of the year 1987 that exceed, in the aggregate, $612,000..

Repeal of section 24

16. Section 24 of the Principal Act is repealed.


17. After section 25b of the Principal Act the following section is inserted:

Transfer of amounts between Schedules 10 and 12

25c. (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 10, and the amount in Column 2 of Schedule 12, 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 10, or Column 2 of Schedule 12, 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 authorised by the Minister in respect of the year 1987 under section 7 or 14, as the case may be..

Schedules

18. Schedules 7, 8 and 9 of the Principal Act are repealed and the Schedules set out in the Schedule to this Act are substituted.

Payments made before Royal Assent

19. 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 Section 18

NEW SCHEDULES 7 TO 12 (INCLUSIVE) TO THE PRINCIPAL ACT

————

SCHEDULE 7 Section 8b

GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS—1986

Column 1

Column 2

Name of State

Amounts

 

$

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

7,202,000

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

5,692,000

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

3,789,000

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

2,150,000


SCHEDULE 7—continued

Column 1

Column 2

Name of State

Amounts

 

$

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

1,945,000

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

694,000

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

245,000

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

21,717,000

————

SCHEDULE 8 Section 12b

NON-GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS—1986

Column 1

Column 2

Name of State

Amounts

 

$

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

809,000

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

801,000

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

409,000

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

206,000

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

175,000

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

68,000

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

29,000

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

2,497,000

————

SCHEDULE 9 Section 15b

TECHNICAL AND FURTHER EDUCATION PROJECTS AND PROGRAMS—1986

Column 1

Column 2

Name of State

Amounts

 

$

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

6,984,000

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

4,175,000

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

3,199,000

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

1,833,000

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

1,821,000

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

640,000

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

173,000

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

18,825,000

————


SCHEDULE 10 Section 8c

GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS—1987

Column 1

Column 2

Name of State

Amounts

 

$

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

7,277,000

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

5,751,000

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

3,826,000

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

2,175,000

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

1,968,000

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

702,000

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

247,000

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

21,946,000

————

SCHEDULE 11 Section 12c

NON-GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS1987

Column 1

Column 2

Name of State

Amounts

 

$

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

821,000

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

806,000

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

414,000

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

208,000

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

176,000

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

68,000

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

29,000

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

2,522,000

————

SCHEDULE 12 Section 15c

TECHNICAL AND FURTHER EDUCATION PROJECTS AND PROGRAMS—1987

Column 1

Column 2

Name of State

Amounts

 

$

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

7,158,000

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

4,279,000

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

3,280,000

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

1,879,000


SCHEDULE 12—continued

Column 1

Column 2

Name of State

Amounts

 

$

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

1,868,000

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

655,000

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

178,000

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

19,297,000

NOTE

1. No. 118, 1983, as amended. For previous amendments, see Nos. 51, 72 and 128, 1984; Nos. 62 and 162, 1985; and No. 65, 1986.

[Minister’s second reading speech made in—

House of Representatives on 22 October 1986

Senate on 14 November 1986]

Overview

The States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1986, enacted by the Commonwealth Parliament, was introduced to amend the States Grants (Education Assistance—Participation and Equity) Act 1983, aiming to adjust the parameters of educational funding and grant limits for various categories of educational institutions across Australia. This Act sought to address the need for updated financial allocations for government, systemic, non-systemic, and technical and further education institutions, while also incorporating specific limitations on the grants for the year 1987. The primary policy objective was to ensure equitable distribution of funds and to manage fiscal responsibilities effectively by setting specific caps on the amount of financial assistance that could be provided to the states for educational purposes.

Scope and Application

The States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1986 amends the States Grants (Education Assistance—Participation and Equity) Act 1983, which is focused on the provision of financial assistance from the Commonwealth to the states and territories for approved education projects and programs. The Act applies to the Commonwealth Government, specifically the Minister administering the Act, and to the states and territories that receive the grants. It regulates the allocation of funds for various educational initiatives, including government schools, non-systemic schools, technical and further education institutions, and programs of national significance or related to Aboriginal education. The Act sets specific limits on the amount of grants that can be authorised for the year 1987, and it includes provisions for the transfer of amounts between different schedules. The Act applies on a national level across Australia, including the Australian Capital Territory and the Northern Territory, as it pertains to the Commonwealth's financial assistance to these regions. There are no specific exclusions mentioned in the text, but the Act does impose limits on the amounts that can be authorised for grants in respect of the year 1987. The Act does not explicitly mention the use of subordinate instruments to extend or restrict its application, but the detailed provisions and schedules indicate a structured approach to the distribution of funds.

Key Provisions

The States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1986 amends the States Grants (Education Assistance—Participation and Equity) Act 1983. This Act modifies the eligibility criteria and funding limits for various education grants provided to the states for the year 1987. Section 3 of the Act alters the eligibility criteria for grants for government schools, extending the upper age limit for eligibility from 18 to 8c and 18 years. Similarly, sections 5 and 6 amend the eligibility criteria for grants for non-systemic and systemic schools, reducing the upper limit from 24 to 12c years. Section 8 modifies the eligibility criteria for grants for technical and further education institutions, reducing the upper limit from 18 and 24 to 15c and 18 years. The Act imposes several obligations on the Commonwealth Education Minister. The Minister must ensure that payments to states for the year 1987 do not exceed the specified amounts for each state as detailed in the schedules of the Act. For instance, under section 8c, the Minister must not authorise payments to a state for government schools exceeding the amount specified in Schedule 10. Similar obligations are imposed in sections 12c and 15c regarding non-systemic and technical and further education grants, respectively. The Minister is also required to ensure that total payments for the year 1987 do not exceed the prescribed limits as outlined in sections 18, 21, and 22b. There are no explicit criminal or civil penalties stated for breaches of this Act. However, the Act includes provisions that establish strict limits on the amounts that can be authorised for payments to states. If the Minister authorises payments that exceed these limits, it would be a breach of the Act. The consequences of such a breach would likely involve legal challenges or administrative actions to rectify the overpayments, as the Act does not specify penalties but focuses on setting clear financial limits.

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