States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2001 (No. 1)

Administered by Department of Education, Science and Training

Legislation au F2001B00342 Regulations Not in force Legislative Instrument

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States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2001 (No. 1) 2001 No. 254

EXPLANATORY STATEMENT

Statutory Rules 2001 No. 254

Issued by the authority of the Minister for Education, Training and Youth Affairs

States Grants (Primary and Secondary Education Assistance) Act 2000

States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2001 (No. 1)

The States Grants (Primary and Secondary Education Assistance) Act 2000 (the Act) provides for the payment of financial assistance to government and non-government schools for the 2001 to 2004 period.

Section 118 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 102(1) of the Act allows the making of regulations to specify an amount to replace the Average Government School Recurrent Costs (AGSRC) specified in Schedule 1 to the Act for a program year. Subsection 102(3) of the Act requires the Minister to consider changes in the Average Government School Costs (AGSC) published from time to time by the Ministerial Council of Education, Employment, Training and Youth Affairs (MCEETYA), before the Governor-General makes regulations specifying an amount to replace the AGSRC amount for a program year.

Sections 105 and 106 also allow the making of regulations to permit the adjustment of recurrent grants and capital grants for both government and non-government schools, to reflect supplementation for inflation.

As required under subsection 105(4) requires the Minister to consider changes in AGSC figures published from time to time by the MCEETYA before the Governor-General makes the regulations providing for adjustments to recurrent grants. Subsection 106(3) also requires the Minister to consider changes in an index of building prices and an index of wage costs published from time to time by the Australian Statistician, before the Governor-General makes regulations providing for adjustments to capital grants for government and non-government schools.¹

In accordance with subsections 102(3), 105(4) and 106)3 of the Act, the Minister considered changes in the Average Government School Costs published from time to time by the MCEETYA and the Wage Cost Index and Price Index of Materials Used in Building other than House Building published by the Australian Statistician.

The Regulations supplement funding for primary and secondary education, recurrent grants and capital grants for both government and non-government schools for 2001, 2002, 2003 and 2004, providing an additional $1.265 billion for the 2001-2004 quadrennium over the current legislated amounts for recurrent and capital grants, $303 million of which will be provided in 2001.

The Regulations commenced on the date of gazettal.

Details of the proposed Regulations are attached.

ATTACHMENT

DETAILS OF THE STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) AMENDMENT REGULATIONS 2001 (NO. 1)

Regulation 1       Name of Regulations

Provides that the Regulations are called the States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2001 (No. 1).

Regulation 2       Commencement

Provides that the Regulations are to commence on gazettal.

Regulation 3       Amendment of States Grants (Primary and Secondary Education Assistance) Regulations 2001

Amends the States Grants (Primary and Secondary Education Assistance) Regulations 2000 (the Regulations).

Schedule 1

Item 1

Amends the Regulations by inserting "Part 1 Preliminary" before Regulation 1 of the Regulations.

Item 2

Amends the Regulations by inserting "Part 2 National Targets, performance measures, performance targets and performance information" after Regulation 3 of the Regulations.

Item 3

Amends the Regulations by inserting "Part 3 AGSRC, recurrent and capital amounts" after Regulation 7 of the Regulations.

Item 3 inserts new Regulation 8 to amend Schedule 1 to the Act by specifying $5,378 as an amount to replace the primary AGSRC amount for each of the 2001, 2002, 2003 and 2004 program years. It also specifies $7,101 as the amount to replace the secondary AGSRC amount specified in Schedule 1 to the Act for each of the 2001, 2002, 2003 and 2004 program years.

Item 3 also inserts new Regulation 9 to specify 1.049 as the recurrent number for each of the 2001, 2002, 2003 and 2004 program years for the purposes of the definition of recurrent number for the program year in subsection 105(1) of the Act.

Item 3 further inserts new Regulation 10 to specify 1.022 as the capital number for each of the 2001, 2002, 2003 and 2004 program years for the purposes of the definition of capital number for the program year in subsection 106(1) of the Act.

Overview

The States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2001 (No. 1), enacted by the Australian Parliament, were introduced to address the need for supplementary funding for primary and secondary education in the period from 2001 to 2004. This regulation was authorised under the States Grants (Primary and Secondary Education Assistance) Act 2000 and was made with the intention of providing additional financial assistance to both government and non-government schools. The Minister for Education, Training and Youth Affairs considered the Average Government School Costs and other economic indices in making these regulations, aiming to adjust the grants for inflation and other cost changes. The policy objective was to ensure that the funding provided met the evolving needs of educational institutions during this period.

Scope and Application

The States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2001 (No. 1) applies to the financial assistance provided under the States Grants (Primary and Secondary Education Assistance) Act 2000 for primary and secondary education in Australia. These regulations are intended to adjust the amounts of financial assistance available to both government and non-government schools for the 2001 to 2004 period, ensuring that funding aligns with the Average Government School Recurrent Costs and inflation adjustments. The regulations are applicable nationally, impacting all states and territories within Australia, as they pertain to the Commonwealth’s role in educational funding. The regulations do not exclude any specific entities or types of schools from their scope, as they are designed to benefit all schools receiving Commonwealth funding under the Act. The Minister for Education, Training and Youth Affairs has the authority to make these regulations, which were made in consideration of updated Average Government School Costs and relevant indices for building materials and wages. The regulations commenced on the date of their gazettal, providing immediate effect to the adjustments specified within them.

Key Provisions

The main sections of the States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2001 (No. 1) (the Regulations) pertain to the amendment of the existing States Grants (Primary and Secondary Education Assistance) Regulations 2000. Regulation 3 of the Regulations amends the 2000 Regulations by inserting new sections and parts to the document. Specifically, Regulation 3 introduces Part 1 Preliminary, Part 2 National Targets, Performance Measures, Performance Targets and Performance Information, and Part 3 AGSRC, Recurrent and Capital Amounts. Schedule 1 of the Regulations further amends the primary and secondary Average Government School Recurrent Costs (AGSRC) amounts for the 2001 to 2004 program years, specifying $5,378 for primary schools and $7,101 for secondary schools. Additionally, it introduces new recurrent and capital numbers for the same period, setting the recurrent number at 1.049 and the capital number at 1.022. The Regulations impose several obligations on the relevant parties. Most notably, they require the Minister for Education, Training and Youth Affairs to consider the Average Government School Costs (AGSC) figures published by the Ministerial Council of Education, Employment, Training and Youth Affairs (MCEETYA) and the Wage Cost Index and Price Index of Materials Used in Building other than House Building published by the Australian Statistician before making regulations that specify the replacement amounts for the AGSRC and adjustments to grants. These obligations ensure that the amounts specified in the Regulations are based on the most current and accurate data available. Failure to comply with the Regulations may lead to civil or criminal consequences, although the specific nature and penalties for such breaches are not detailed in the explanatory statement. However, under the States Grants (Primary and Secondary Education Assistance) Act 2000, breaches of regulations related to the payment of financial assistance to schools could potentially result in fines or other penalties as prescribed by law. The exact penalties would depend on the nature and severity of the breach, and would be determined in accordance with the relevant legal 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.