States Grants (Primary and Secondary Education Assistance) Legislation Amendment Act 2004
No. 137, 2004
An Act relating to the grant of financial assistance to the States for primary and secondary education, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
States Grants (Primary and Secondary Education Assistance) Act 2000
Schedule 2—Repeals
States Grants (Primary and Secondary Education Assistance) Act 1992
States Grants (Primary and Secondary Education Assistance) Act 1996
States Grants (Primary and Secondary Education Assistance) Legislation Amendment Act 2004
No. 137, 2004
An Act relating to the grant of financial assistance to the States for primary and secondary education, and for related purposes
[Assented to 13 December 2004]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the States Grants (Primary and Secondary Education Assistance) Legislation Amendment Act 2004.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 13 December 2004 |
2. Schedule 1 | The day on which this Act receives the Royal Assent. | 13 December 2004 |
3. Schedule 2 | The later of: (a) 1 January 2005; and (b) the day on which the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 receives the Royal Assent. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 January 2005
(paragraph (a) applies) |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
States Grants (Primary and Secondary Education Assistance) Act 2000
1 At the end of subsection 59(5)
Add:
; (f) the program year for which the amount is being worked out is 2004.
2 At the end of subsection 60(5)
Add:
; (f) the program year for which the amount is being worked out is 2004.
3 Subsection 61(3)
Omit “either of the circumstances mentioned in”.
4 Subsection 61(4)
Omit “the circumstances are”, substitute “this subsection applies if any of the following circumstances apply to the school”.
5 Paragraph 61(4)(a)
Omit “and”.
6 At the end of subsection 61(4)
Add:
; (c) the program year for which the amounts are being worked out is 2004.
7 Part 1 of Schedule 8 (table item dealing with 2004 program year, column 4)
Omit “7,414”, substitute “18,433”.
Schedule 2—Repeals
States Grants (Primary and Secondary Education Assistance) Act 1992
1 The whole of the Act
Repeal the Act.
States Grants (Primary and Secondary Education Assistance) Act 1996
2 The whole of the Act
Repeal the Act.
[Minister’s second reading speech made in—
House of Representatives on 17 November 2004
Senate on 2 December 2004]
Overview
The States Grants (Primary and Secondary Education Assistance) Legislation Amendment Act 2004 (No. 137) was enacted by the Parliament of Australia to amend the States Grants (Primary and Secondary Education Assistance) Act 2000. This amendment Act introduces modifications to the financial assistance framework provided to states for primary and secondary education. It seeks to address specific issues and gaps identified in the existing legislative provisions by adjusting the financial parameters and criteria for assistance. The Act aims to ensure the efficient and effective distribution of funds to support educational initiatives in line with contemporary policy objectives, thereby enhancing the overall quality of education across the states.
The objective of this legislative amendment is to refine the grant mechanisms, ensuring that the financial support provided to states is aligned with the current educational needs and policy directions. This Act came into effect on 13 December 2004, with certain provisions commencing on that date and others on 1 January 2005, contingent on the assent of related legislation. The amendments primarily involve adjustments to the financial thresholds and criteria for determining the assistance amounts, reflecting a commitment to better support educational outcomes in Australian states.
Scope and Application
The States Grants (Primary and Secondary Education Assistance) Legislation Amendment Act 2004 is a Commonwealth Act that amends the States Grants (Primary and Secondary Education Assistance) Act 2000. The Act applies to the financial assistance provided to the states for primary and secondary education, and it is intended to modify the existing legislative framework to better support educational initiatives within the states. The Act applies to all states in Australia, as it involves the distribution of federal funds to state-level educational programs. The Act includes specific amendments to the 2000 Act, such as adjusting certain figures and modifying the conditions under which assistance is granted. Additionally, the Act repeals the States Grants (Primary and Secondary Education Assistance) Act 1992 and the States Grants (Primary and Secondary Education Assistance) Act 1996, effectively consolidating the legislative provisions under the 2000 Act. The amendments and repeals are designed to streamline the legislative process and ensure that the most current and relevant provisions govern the distribution of educational assistance. The Act came into effect on various dates, depending on the provision, with most provisions commencing upon receiving Royal Assent on 13 December 2004, and others taking effect from 1 January 2005.
Key Provisions
The States Grants (Primary and Secondary Education Assistance) Legislation Amendment Act 2004 amends the States Grants (Primary and Secondary Education Assistance) Act 2000, introducing specific changes to financial assistance provided for primary and secondary education. The key amendments are detailed in Schedule 1 (sections 1 to 7). For instance, subsection 59(5) is altered to include a reference to the program year 2004, and similar changes are made to subsection 60(5). Subsection 61(3) has certain phrases omitted, and subsection 61(4) is modified to change the phraseology and include new conditions related to the program year 2004. Additionally, a figure in the table item dealing with the 2004 program year in Part 1 of Schedule 8 is updated from 7,414 to 18,433.
The Act imposes certain obligations on the parties involved, particularly regarding the administration and allocation of the grants. Educational institutions and the relevant government departments must adhere to the new conditions and criteria set out in the amended sections. These changes likely affect the calculation and distribution of the financial assistance, ensuring that the aid is appropriately directed to support educational initiatives for the specified program year.
Failure to comply with the provisions of this Act may result in legal consequences. While specific offences and penalties are not detailed in the provided text, breaches of educational funding legislation can typically lead to administrative penalties, financial penalties, or both, depending on the severity and intent of the breach. The precise nature and extent of penalties would be determined by the relevant authorities overseeing the implementation of the Act.