States Grants (Education Assistance-Participation and Equity) Amendment Act (No. 2) 1987

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States Grants (Education Assistance— Participation and Equity) Amendment Act (No. 2) 1987

No. 121 of 1987

 

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

[Assented to 16 December 1987]

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

Short title etc.

1. (1) This Act may be cited as the States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1987.

(2) In this Act, Principal Act means the States Grants (Education Assistance—Participation and Equity) Act 19831.

Commencement

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

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

3. Section 18 of the Principal Act is amended by omitting from subsection (2) $42,241,000 and substituting $42,352,000.


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

4. Section 21 of the Principal Act is amended by omitting from subsection (4) $353,000 and substituting $355,000.

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

5. Section 22b of the Principal Act is amended by omitting from subsection (3) $649,000 and substituting $630,000.

Schedules

6. Schedules 10, 11 and 12 to the Principal Act are repealed and the Schedules set out in the Schedule to this Act are substituted.

Payments made before Royal Assent

7. 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 also for the purposes of the Principal Act as amended by this Act.

 

SCHEDULE Section 6

NEW SCHEDULES 10, 11 AND 12 TO THE PRINCIPAL ACT

SCHEDULE 10 Section 8c

GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS1987

Column 1

Column 2

Name of State

Amounts

 

$

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

7,479,000

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

5,909,000

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

3,931,000

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

2,236,000

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

2,022,000

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

722,000

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

254,000

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

22,553,000

 


SCHEDULE 11 Section 12c

NON-GOVERNMENT SCHOOLS PROJECTS AND PROGRAMS—1987

Column 1

Column 2

Name of State

Amounts

 

$

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

843,000

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

829,000

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

426,000

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

213,000

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

181,000

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

70,000

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

29,000

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

2,591,000

 

SCHEDULE 12 Section 15c

TECHNICAL AND FURTHER EDUCATION PROJECTS AND PROGRAMS—1987

Column 1

Column 2

Name of State

Amounts

 

$

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

7,344,000

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

4,390,000

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

3,365,000

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

1,928,000

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

1,917,000

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

673,000

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

182,000

Total—All States............................

19,799,000

NOTE

1. No. 118, 1983, as amended. For previous amendments, see Nos. 51, 72 and 128, 1984; Nos. 62 and 162, 1985; Nos. 65 and 156, 1986; and No. 38, 1987.

[Ministers second reading speech made in—

House of Representatives on 5 November 1987

Senate on 19 November 1987]

Overview

The States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1987 was enacted to amend the States Grants (Education Assistance—Participation and Equity) Act 1983, addressing the need to adjust financial allocations for educational grants across various states and territories. This amendment act was introduced by the Parliament of Australia, with the aim of ensuring equitable distribution of educational funding to support participation and equity in the education sector. The Act provides adjustments to the financial limits of grants allocated for government schools, non-government schools, and technical and further education programs for the years 1984, 1985, 1986, and 1987, reflecting the policy objective of enhancing educational equity and participation through appropriate financial support.

Scope and Application

The States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1987 amends the States Grants (Education Assistance—Participation and Equity) Act 1983, which originally established a scheme for financial assistance to states and the Northern Territory to improve participation and equity in education. The amendment act applies to the Commonwealth of Australia, extending its reach to all states and the Northern Territory. It amends the Principal Act to adjust the limits on grants for specific years, affecting the financial assistance provided for education programs and projects. The Act does not specify any exclusions or exemptions, but it does provide for the continuation of payments already made under the Principal Act, ensuring that these are deemed to have been made also for the purposes of the amended Act. Any further extension or restriction of the application of the Act would be determined through subordinate instruments or regulations.

Key Provisions

The main operative sections of the States Grants (Education Assistance—Participation and Equity) Amendment Act (No. 2) 1987 (section 1) amend the States Grants (Education Assistance—Participation and Equity) Act 1983 (section 3) by modifying specific monetary limits on grants for the years 1984, 1985, 1986, and 1987. These amendments involve adjustments to the financial caps for grants under sections 18, 20, and 22a of the Principal Act (sections 3, 4, and 5). The Act also introduces new schedules (section 6) replacing the old ones, detailing specific allocations for government schools, non-government schools, and technical and further education projects and programs for 1987 (Schedules 10, 11, and 12). The obligations and requirements imposed by this Act primarily pertain to the financial allocations and distributions under the amended sections of the Principal Act. The Act necessitates that payments made under the Principal Act before the Royal Assent be deemed to have been made for the purposes of the amended Act (section 7). Additionally, the new schedules provide detailed allocations for each state and territory for government schools, non-government schools, and technical and further education projects and programs for 1987, outlining the specific amounts each jurisdiction is entitled to receive under the amended Act. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is implicit that non-compliance with the financial limits and allocation requirements could lead to legal scrutiny or disputes regarding the validity of payments made under the Principal Act prior to the Royal Assent. The precise consequences of such breaches would depend on the interpretation and application of the amended provisions within the broader legislative framework and potentially through judicial interpretation.

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Education Law
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Act
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Commencement Provisions
Repeal & Amendment
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