States Grants (Primary and Secondary Education Assistance) Amendment Act 2002

Administered by Department of Education

Legislation au C2004A00951 In force Act

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States Grants (Primary and Secondary Education Assistance) Amendment Act 2002

 

No. 14, 2002

 

 

 

 

 

An Act to amend the States Grants (Primary and Secondary Education Assistance) Act 2000, and for related purposes

 

 

Contents

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

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

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

Schedule 1—States Grants (Primary and Secondary Education Assistance) Act 2000

Part 1—Amendments

Part 2—Transitional provisions

 

 

States Grants (Primary and Secondary Education Assistance) Amendment Act 2002

No. 14, 2002

 

 

 

An Act to amend the States Grants (Primary and Secondary Education Assistance) Act 2000, and for related purposes

[Assented to 4 April 2002]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the States Grants (Primary and Secondary Education Assistance) Amendment Act 2002.

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—States Grants (Primary and Secondary Education Assistance) Act 2000

Part 1—Amendments

1  Section 75

Repeal the section, substitute:

75  Grants to provide establishment assistance

Non‑systemic school

 (1) The Minister may make a determination authorising payment of financial assistance to a State to provide establishment assistance for a non‑systemic school in the State for one or 2 program years if the circumstance in subsection (3) or (4) applies to the school.

Note: The amount must not exceed the maximum amount worked out under subsection (5) or (6).

School system

 (2) The Minister may make a determination authorising payment of financial assistance to a State to provide establishment assistance for an approved school system in the State for one or 2 program years in relation to a school included in the system if the circumstance in subsection (3) or (4) applies to the school.

Note: The amount must not exceed the maximum amount worked out under subsection (5) or (6).

Subsection (3) circumstance

 (3) One circumstance is that the Minister varies the list of non‑government schools in relation to the school because the school is covered by paragraph (c) of the definition of new school proposal.

Subsection (4) circumstance

 (4) The other circumstance is that the Minister varied the list (within the meaning of the former Act) with effect from a day in 1999 or 2000 in relation to the school because:

 (a) the school was a non‑systemic school; and

 (b) the school was covered by paragraph (c) of the definition of new school proposal in section 36 of that Act; and

 (c) the application for that proposal was made after 11 May 1999.

Maximum amount if subsection (3) circumstance applies

 (5) The amount under subsection (1) or (2) for a program year in relation to a school to which the circumstance in subsection (3) applies must not exceed the amount worked out using the formula:

where:

establishment amount for the program year is:

 (a) if the program year is the year in which the Minister varies the list of non‑government schools in relation to the school—$500; and

 (b) if the program year is the year after the year referred to in paragraph (a)—$250.

Maximum amount if subsection (4) circumstance applies

 (6) The amount under subsection (1) or (2) for a program year in relation to a school to which the circumstance in subsection (4) applies must not exceed the amount worked out using the formula:

where:

establishment amount for the program year is:

 (a) for the 2001 program year—$500; and

 (b) for the 2002 program year—$250.

75A  Review of grants to provide establishment assistance

 (1) The Minister must cause a review of establishment grants to be conducted by the Department of Education, Science and Training.

 (2) The review is to include an assessment of the extent to which payments made in accordance with this Act have been successful in meeting the recurrent establishment costs of new schools, with particular reference to the:

 (a) eligibility; and

 (b) accountability and transparency; and

 (c) administration of the payment of establishment grants.

 (3) In conducting the review required by this section, the Department must establish and consult with an external reference group representative of school authorities and organisations.

 (4) A report of the review conducted in accordance with this section must be made publicly available before the expiration of the 2003 calendar year.

2  Paragraph 105(1)(b)

Repeal the paragraph.

3  Subsection 105(2)

Omit “, (b)”.

4  Schedule 7

Repeal the Schedule.


Part 2—Transitional provisions

5  Definitions

In this Part:

commencement means the commencement of this Act.

new Act means the States Grants (Primary and Secondary Education Assistance) Act 2000 after it is amended by this Act.

old Act means the States Grants (Primary and Secondary Education Assistance) Act 2000 before it was amended by this Act.

6  2001 program year

(1) This item applies if, before commencement, the Minister determined an amount (the first amount) in relation to a school for the 2001 program year under section 75 of the old Act.

(2) After commencement, the Minister may determine an additional amount in relation to the school for the 2001 program year under section 75 of the new Act.

(3) However, the additional amount must not exceed the amount that remains after subtracting the first amount from the maximum amount under subsection 75(5) or (6) of the new Act in relation to the school for the 2001 program year.

7  2002 program year

(1) This item applies if, before commencement, the Minister determined an amount (the first amount) in relation to a school for the 2002 program year under section 75 of the old Act.

(2) After commencement, the Minister may determine an additional amount in relation to the school for the 2002 program year under section 75 of the new Act.

(3) However, the additional amount must not exceed the amount that remains after subtracting the first amount from the maximum amount under subsection 75(5) or (6) of the new Act in relation to the school for the 2002 program year.

 

[Minister’s second reading speech made in—

House of Representatives on 14 February 2002

Senate on 11 March 2002]

 

 

Overview

The States Grants (Primary and Secondary Education Assistance) Amendment Act 2002 was enacted by the Parliament of Australia to amend the States Grants (Primary and Secondary Education Assistance) Act 2000. This amendment aimed to address gaps in the provision of financial assistance for the establishment of non-systemic schools. The Act provides for specific financial support for schools that meet certain criteria, particularly those that have been variably listed as non-government schools due to new school proposals. Additionally, it mandates a review of the grants provided to ensure they meet the intended objectives, focusing on the eligibility, accountability, transparency, and administration of the payments. The policy objective of this amendment is to ensure that financial assistance effectively supports the establishment costs of new schools while maintaining accountability and transparency in the allocation of grants. By introducing these amendments, the Act seeks to refine the criteria and oversight mechanisms to better support educational institutions in their initial stages.

Scope and Application

The States Grants (Primary and Secondary Education Assistance) Amendment Act 2002 amends the States Grants (Primary and Secondary Education Assistance) Act 2000 to adjust the provisions regarding financial assistance for the establishment of non-systemic schools in Australia. This Act applies to the Commonwealth and the states and territories of Australia, specifically targeting non-systemic schools and approved school systems. The amendments focus on the financial assistance provided to states for the establishment of schools, with particular conditions and maximum amounts specified for such assistance. The Act mandates a review of the grants to ensure they meet the recurrent establishment costs of new schools, assessing eligibility, accountability, transparency, and administration. The transitional provisions ensure continuity in financial assistance for the 2001 and 2002 program years, allowing for adjustments post-commencement while adhering to the new maximum amounts. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it does detail specific circumstances under which financial assistance can be provided and the corresponding limits.

Key Provisions

The States Grants (Primary and Secondary Education Assistance) Amendment Act 2002 (Act) amends the States Grants (Primary and Secondary Education Assistance) Act 2000 (2000 Act) to modify provisions related to financial assistance for schools. Section 75 of the 2000 Act is repealed and replaced, specifying that the Minister may authorise financial assistance to a state to provide establishment assistance for non-systemic schools or approved school systems for one or two program years if certain conditions are met (Section 75(1) and (2)). This assistance is subject to a maximum amount calculated under subsections (5) or (6), depending on whether the school is covered by subsection (3) or (4) circumstances. Subsection (3) applies when the Minister varies the list of non-government schools, and subsection (4) applies to schools covered by certain definitions within the former Act. A new subsection (75A) mandates that the Minister must cause a review of the establishment grants to be conducted by the Department of Education, Science and Training, with a report to be made publicly available before the end of 2003. The Act imposes several obligations on the parties involved. The Minister is required to determine the amount of financial assistance, ensuring it does not exceed the calculated maximum amount. The Department of Education, Science and Training must conduct a review of the establishment grants, including an assessment of the success of payments in meeting the recurrent establishment costs of new schools. This review must be completed and reported by the end of 2003, and the Department must consult with an external reference group representative of school authorities and organisations. Additionally, the Act includes transitional provisions to address amounts determined under the old Act for the 2001 and 2002 program years, ensuring that any additional amounts determined under the new Act do not exceed the remaining maximum amounts. Failure to comply with the provisions of the Act may result in legal consequences. While the Act does not explicitly state offences, penalties, or consequences for breach, non-compliance with the requirements for financial assistance or the review process could potentially lead to legal challenges or administrative actions. The specific penalties for such breaches would depend on the nature and severity of the non-compliance and would likely be addressed under relevant administrative or education legislation.

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Education Law
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Act
Concepts
Commencement Provisions
Transitional Provisions
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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.