States Grants (Independent Schools)
No. 7 of 1972
An Act relating to the Grant of Financial Assistance to the States in relation to Independent Schools.
[Assented to 24 March 1972]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the States Grants (Independent Schools) Act 1972.
(2.) The States Grants (Independent Schools) Act 1969 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the States Grants (Independent Schools) Act 1969–1972.
Commencement.
2. This Act shall be deemed to have come into operation on the first day of January, One thousand nine hundred and seventy-two.
Grants to States.
3. Section 3 of the Principal Act is amended—
(a) by omitting from sub-section (1.) the words “each year” and inserting in their stead the words “each of the years One thousand nine hundred and seventy and One thousand nine hundred and seventy-one”: and
(b) by inserting after that sub-section the following sub-section:—
“(1a.) There is payable to each State, in respect of each year, not being a year referred to in the last preceding sub-section, by way of financial assistance to the State, an amount in respect of each independent school in the State, being an amount calculated—
(a) at the rate of Fifty dollars for each pupil receiving primary education; and
(b) at the rate of Sixty-eight dollars for each pupil receiving secondary education,
at the school on the schools census date.”.
Conditions of payments.
4. Section 4 of the Principal Act is amended by omitting from subparagraph (iii) of paragraph (b) of sub-section (1.) the words “the amount calculated in respect of the school in respect of that year in accordance with sub-section (1.) of section 3 of this Act” and inserting in their stead the words “the amount payable in respect of the school in respect of that year in accordance with section 3 of this Act”.
Overview
The States Grants (Independent Schools) Act 1972 was enacted by the Commonwealth Parliament to address the need for financial assistance to states in relation to independent schools. This Act amended the States Grants (Independent Schools) Act 1969 to provide continued financial support to states for their independent schools. The primary objective of this legislation is to ensure that states receive financial assistance to help meet the costs associated with providing education at independent schools. The Act was designed to offer a more consistent and predictable funding mechanism for independent schools across the states, reflecting the importance of education and the role of independent schools in the broader educational landscape.
The Act came into operation on 1 January 1972, replacing the previous provisions with a new framework for calculating and distributing grants. By amending the Principal Act, the 1972 Act introduced new rates for financial assistance based on the number of pupils receiving primary and secondary education, aiming to better align funding with the educational needs of independent schools.
Scope and Application
The States Grants (Independent Schools) Act 1972 applies to the financial assistance provided by the Commonwealth to states in relation to independent schools. The Act amends the States Grants (Independent Schools) Act 1969 to specify the calculation method for grants payable to states for each year, excluding the years 1970 and 1971, with a rate of fifty dollars for each primary education pupil and sixty-eight dollars for each secondary education pupil at the schools census date. The Act is applicable to the Commonwealth of Australia and its states, targeting the independent school sector. The geographic reach is national, encompassing all independent schools across the states and territories. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it is implied that the financial assistance is contingent upon adherence to the outlined conditions and calculations. The Act may be further extended or restricted through subordinate instruments, which would provide additional details on the implementation and administration of the grants.
Key Provisions
The States Grants (Independent Schools) Act 1972 (the Act) amends the States Grants (Independent Schools) Act 1969 (the Principal Act) to alter the provisions for grants to states for independent schools. Section 3 of the Principal Act is amended to change the calculation and payment of grants. Specifically, it replaces the previous annual grant calculation with a new formula, where grants are now calculated based on the number of pupils receiving primary and secondary education in independent schools on the schools census date (Section 3(1a)).
Under this Act, the Commonwealth is obligated to provide financial assistance to each state for each independent school, calculated at a rate of $50 per primary pupil and $68 per secondary pupil (Section 3(1a)(a) and (b)). These calculations must be made in accordance with the amended section 3 of the Act, ensuring that payments are made accurately and transparently (Section 4). The Act also requires that these payments are made annually, with specific attention to the rates and the number of pupils involved.
Failure to comply with the obligations set out in the Act may lead to civil or criminal consequences. While the Act does not explicitly state penalties for non-compliance, breaches of similar legislative provisions may result in financial penalties or other legal actions as deemed appropriate by the courts. It is crucial for the relevant parties to adhere to the provisions outlined in the Act to avoid any potential legal repercussions.
The Act sets out the method and criteria for calculating and distributing grants to states for independent schools, ensuring that the financial assistance provided is based on the actual number of pupils in these schools. This legislative framework aims to provide a clear and consistent method for the distribution of funds, thereby supporting the educational infrastructure of independent schools across the states.