States Grants (Primary and Secondary Education Assistance) Amendment Act 1998

Administered by Department of Education, Employment and Workplace Relations

Legislation au C2004A00373 Not in force Act

Legislation content

 

 

 

States Grants (Primary and Secondary Education Assistance) Amendment Act 1998

 

No. 110, 1998

 

 

 

States Grants (Primary and Secondary Education Assistance) Amendment Act 1998

 

No. 110, 1998

 

 

 

An Act to amend the States Grants (Primary and Secondary Education Assistance) Act 1996, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendment of the States Grants (Primary and Secondary Education Assistance) Act 1996

 

States Grants (Primary and Secondary Education Assistance) Amendment Act 1998

No. 110, 1998

 

 

 

An Act to amend the States Grants (Primary and Secondary Education Assistance) Act 1996, and for related purposes

[Assented to 7 December 1998]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the States Grants (Primary and Secondary Education Assistance) Amendment Act 1998.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the States Grants (Primary and Secondary Education Assistance) Act 1996

 

1  Subsection 44(2)

After “column of” (wherever occurring), insert “the table in”.

2  Section 46

After “column 2 of”, insert “the table in”.

3  Subsection 47(2)

After “column of” (wherever occurring), insert “the table in”.

4  Section 49

After “column 2 of”, insert “the table in”.

5  Subsection 50(2)

After “column of”, insert “the table in”.

6  Subsections 52(2), 53(2) and 54(4)

Before “Schedule”, insert “the table in”.

7  At the end of subsection 67(2)

Add:

 ; and (e) helping with the provision of funding for projects:

 (i) to assist in meeting the special needs of students who have returned to school because of the introduction of the youth allowance; and

 (ii) to assist students to complete senior secondary education and to make a successful transition from school to training, further education or employment.

8  Subsection 68(3)

Before “Schedule”, insert “the table in”.

9  Subsection 69(4)

Before “Schedule”, insert “the table in”.

10  Subsection 70(1)

Repeal the formula, substitute:

11  Paragraph 72(1)(a)

After “provided at”, insert “or in connection with”.

12  Subsection 73(2)

Repeal the formula, substitute:

13  Subsection 74(2)

Repeal the formula, substitute:

14  Subsections 75(2) and 76(2)

Before “Schedule”, insert “the table in”.

15  At the end of Part 9

Add:

76A  Grants for projects relating to certain students

 (1) The Minister may approve a project for the purposes of this section if:

 (a) the project is to be carried out in Australia; and

 (b) the sole or principal object of the project is one or both of the following:

 (i) to address the special needs of students who have returned to school because of the introduction of the youth allowance;

 (ii) to address the special needs of students at risk of not completing senior secondary education, or at risk of not making a successful transition from school to training, further education or employment.

 (2) The Minister may make a determination authorising the payment to a State for a program year of an amount by way of financial assistance to the State for expenditure on a project approved under subsection (1):

 (a) whether the project is conducted by the State or by a non‑government body established in the State; and

 (b) whether the project is conducted within, or outside, or within and outside, the State.

 (3) If an amount is set out in column 7 of the table in Schedule 8 in relation to a program year, the sum of the amounts paid to the States under this section for the program year must not be greater than the amount so set out.

 (4) In this section:

expenditure, in relation to an approved project, includes expenditure in publicising the project concerned, whether by disseminating information about the project, conducting seminars in connection with the project or carrying out other related activities in connection with the project.

16  Paragraph 78(1)(a)

Omit all the words from and including “, determined” to and including “Affairs,”.

17  Paragraph 78(1)(b)

Omit all the words from and including “, determined” to and including “Statistician,”.

18  After subsection 78(1)

Insert:

 (1A) Before the Governor‑General makes a regulation under paragraph (1)(a), the Minister must take into consideration changes in the amount known as Average Government School Costs published from time to time by the Ministerial Council for Education, Employment, Training and Youth Affairs.

 (1B) Before the Governor‑General makes a regulation under paragraph (1)(b), the Minister must take into consideration changes in the Building Price Index published from time to time by the Australian Statistician.

19  Subsections 78(4) and (5)

Before “Schedule”, insert “the table in”.

20  Paragraph 78(6)(a)

Omit “and 6 of”, substitute “, 6 and 7 of the table in”.

21  After section 78

Insert:

78A  Variation of Schedule 6

 (1) Subject to subsection (2), the Minister may make a determination during a program year varying the amounts set out in columns 2 and 3 of the table in Schedule 6 in relation to the program year.

 (2) The Minister must not vary under subsection (1) amounts in columns 2 and 3 of the table in Schedule 6 in relation to a program year in such a way that, after the variation, the total of those amounts in those columns would be greater or less than the total of those amounts before the variation.

 (3) As soon as practicable after making a determination under this section, the Minister must:

 (a) send a copy of the determination to the relevant State Ministers; and

 (b) cause a copy of the determination to be laid before each House of the Parliament.

22  Section 79

Omit “in Schedule” (wherever occurring), insert “of the table in Schedule”.

23  After subsection 79(2)

Insert:

 (2A) Subject to subsection (2B), the Minister may make a determination during a program year varying the amounts set out in columns 5 and 6 of the table in Schedule 8 in relation to the program year.

 (2B) The Minister must not vary under subsection (2A) amounts in columns 5 and 6 of the table in Schedule 8 in relation to a program year in such a way that, after the variation, the total of those amounts in those columns would be greater or less than the total of those amounts before the variation.

24  Schedules 1 to 8

Repeal the Schedules, substitute:

Schedule 1—General recurrent grants for government schools

Part 1—Primary education

 

Primary education

Column 1
1997
Program year
$

Column 2
1998
Program year
$

Column 3
1999
Program year
$

Column 4
2000
Program year
$

379

397

397

397

Part 2—Secondary education

 

Secondary education

Column 1
1997
Program year
$

Column 2
1998
Program year
$

Column 3
1999
Program year
$

Column 4
2000
Program year
$

559

585

585

585

Schedule 2—Capital grants for government schools

 

 

Capital grants for government schools

Column 1

Program year

Column 2
Grants
$

1997

212,405,000

1998

215,379,000

1999

215,379,000

2000

215,379,000

2001

215,379,000

2002

215,379,000

2003

215,379,000

Schedule 3—General recurrent grants for non‑government schools

Part 1—Primary education

 

General recurrent grants for non‑government schools—primary

Column 1


Funding level

Column 2
1997
Program year
$

Column 3
1998
Program year
$

Column 4
1999
Program year
$

Column 5
2000
Program year
$

1

501

525

525

525

2

669

700

700

700

3

836

875

875

875

4

1,018

1,065

1,065

1,065

5

1,212

1,275

1,284

1,294

6

1,340

1,409

1,419

1,427

7

1,471

1,546

1,556

1,563

8

1,617

1,702

1,714

1,725

9

1,787

1,898

1,924

1,951

10

1,921

2,045

2,082

2,119

11

2,065

2,208

2,255

2,301

12

2,217

2,377

2,437

2,498

Part 2—Secondary education

 

General recurrent grants for non‑government schools—secondary

Column 1


Funding level

Column 2
1997
Program year
$

Column 3
1998
Program year
$

Column 4
1999
Program year
$

Column 5
2000
Program year
$

1

795

832

832

832

2

1,054

1,103

1,103

1,103

3

1,222

1,279

1,279

1,279

4

1,603

1,677

1,677

1,677

5

1,764

1,858

1,871

1,880

6

1,954

2,056

2,071

2,083

7

2,146

2,257

2,269

2,283

8

2,367

2,492

2,508

2,522

9

2,616

2,778

2,816

2,854

10

2,805

2,986

3,040

3,096

11

3,014

3,220

3,288

3,359

12

3,239

3,473

3,560

3,649

Schedule 4—Capital grants for non‑government schools

 

 

Capital grants for non‑government schools

Column 1

Program year

Column 2
Grants
$

1997

83,504,000

1998

84,688,000

1999

84,672,000

2000

74,537,000

2001

74,537,000

2002

74,537,000

2003

74,537,000

Schedule 5—Grants of short term emergency assistance for non‑government schools

 

 

Grants of short term emergency assistance

Column 1
1997
Program year
$

Column 2
1998
Program year
$

Column 3
1999
Program year
$

Column 4
2000
Program year
$

587,000

614,000

614,000

614,000

Schedule 6—Grants under the Literacy Program

 

 

Grants under literacy program

Column 1








Program year

Column 2

Grants to foster literacy and numeracy in government schools

$

Column 3

Grants to foster literacy and numeracy in non‑government schools

$

Column 4

Grants for national projects to foster literacy and numeracy in schools
$

1997

118,484,000

39,488,000

6,129,000

1998

123,059,000

42,179,000

6,411,000

1999

120,964,000

44,273,000

6,411,000

2000

111,749,000

43,270,000

nil

Schedule 7—Grants under the Languages Program

 

 

Grants under languages program

Column 1

1997

Program Year

$

Column 2

1998

Program Year

$

Column 3

1999

Program Year

$

Column 4

2000

Program Year

$

46,988,000

38,870,000

59,428,000

17,308,000

Schedule 8—Grants under the Special Learning Needs Program

 

 

Grants under the Special Learning Needs Program

Column 1






 

Program year

Column 2

Grants to support
special education
in government
schools and
centres
 

$

Column 3

Grants to support
special education
in non‑
government
schools
 

$

Column 4

Grants to support
special education
in non‑
government
centres
 

$

Column 5

Grants for
government
schools in
country areas

 

$

Column 6

Grants for
non‑
government
schools in
country areas
 

$

Column 7

Grants to assist schools to cater
for the special needs of students
who will return to or stay in
school as a result of the
implementation of the youth
allowance

$

1997

38,829,000

27,521,000

20,341,000

14,799,000

2,153,000

 

1998

40,613,000

28,775,000

21,369,000

15,480,000

2,252,000

400,000

1999

37,472,000

28,795,000

24,546,000

14,932,000

2,800,000

12,374,000

2000

37,472,000

28,795,000

24,546,000

14,932,000

2,800,000

8,127,000

 

25  Schedule 9

Insert:

youth allowance has the same meaning as in the Social Security Act 1991.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 11 November 1998

Senate on 23 November 1998]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(151/98)

Overview

The States Grants (Primary and Secondary Education Assistance) Amendment Act 1998, enacted by the Parliament of Australia, is a legislative measure aimed at amending the States Grants (Primary and Secondary Education Assistance) Act 1996. The primary objective of this amendment is to address certain educational needs, particularly focusing on students affected by the introduction of the youth allowance and those at risk of not completing senior secondary education or transitioning successfully to further education, training, or employment. By introducing provisions that allow for the approval of specific projects and the allocation of grants to assist in meeting these educational needs, the Act seeks to enhance support mechanisms for these vulnerable student groups, ensuring they receive the necessary resources to overcome educational barriers. The Act also incorporates provisions that mandate the Minister to consider changes in the Average Government School Costs and the Building Price Index when making regulations. This ensures that the financial allocations are reflective of current educational cost structures and building costs. Additionally, the Act provides the Minister with the authority to vary certain grant amounts during a program year, subject to maintaining the overall total amount of grants. This flexibility aims to allow for adjustments in response to changing needs or circumstances without exceeding the predetermined budgetary limits.

Scope and Application

The States Grants (Primary and Secondary Education Assistance) Amendment Act 1998 amends the States Grants (Primary and Secondary Education Assistance) Act 1996. The primary focus of the Act is to enhance the funding framework for primary and secondary education across Australia, including adjustments to grants for government and non-government schools, capital grants, and specific initiatives to support students with special needs, particularly those affected by the introduction of the youth allowance. This Act applies nationally across Australia, targeting both government and non-government schools, and aims to ensure equitable funding and support for educational initiatives. The Act includes provisions for the Minister to approve projects and make financial determinations to assist in meeting the special needs of students, including those returning to school due to the youth allowance and students at risk of not completing senior secondary education or transitioning successfully to further education or employment. The Act specifies certain exclusions and thresholds in its various sections and schedules, detailing the allocation of funds across different categories of education and school types. The application of the Act may be extended or restricted through subordinate instruments, such as regulations and determinations made by the Minister.

Key Provisions

The main operative sections of the States Grants (Primary and Secondary Education Assistance) Amendment Act 1998 (C2004A00373) pertain to the amendment of the States Grants (Primary and Secondary Education Assistance) Act 1996. These amendments include modifications to the funding allocation and the introduction of new provisions for special education grants. For example, section 76A introduces a new scheme for grants to assist students with special needs, such as those returning to school due to the introduction of the youth allowance or those at risk of not completing senior secondary education. This section outlines the conditions under which the Minister may approve a project and the criteria for financial assistance. The Act imposes specific obligations on the Minister and the states receiving grants. The Minister must consider changes in relevant indices, such as the Average Government School Costs and the Building Price Index, before making certain regulations (subsection 78(1A) and (1B)). Additionally, the Minister has the authority to vary the amounts set out in specified tables within the schedules, but must ensure that the total amounts remain unchanged (subsections 78A(2) and 79(2B)). States receiving grants must comply with the conditions set out in the Act, including the use of funds for approved projects and the reporting of expenditure. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Act for breach of its provisions. However, the failure to comply with the conditions for grants or the misuse of funds could potentially lead to the withholding of future grants or other administrative actions by the Minister. The Act focuses more on the procedural and administrative aspects of funding distribution rather than punitive measures for non-compliance.

Legal classification tags

Area of Law
Education Law
Instrument
Amending Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.