States Grants (Primary and Secondary Education Assistance) Regulations 1997
Statutory Rules 1997 No. 268 as amended
made under the
States Grants (Primary and Secondary Education Assistance) Act 1996
Consolidated as in force on 29 September 1999
(includes amendments up to SR 1999 No. 223)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
States Grants (Primary and Secondary Education Assistance) Regulations 1997
Statutory Rules 1997 No. 268 as amended
made under the
States Grants (Primary and Secondary Education Assistance) Act 1996
Contents
Page
1 Name of Regulations [see Note 1]
2 Definition
3 Cost supplementation — recurrent grants
4 Cost supplementation — capital grants
Notes
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1 Name of Regulations [see Note 1]
These Regulations are the States Grants (Primary and Secondary Education Assistance) Regulations 1997.
2 Definition
In these Regulations:
Act means the States Grants (Primary and Secondary Education Assistance) Act 1996.
3 Cost supplementation — recurrent grants
(1) For paragraph 78 (1) (a) of the Act:
(a) the number 1.074 is to be used for the variation of amounts of recurrent grants set out in the Schedules to the Act for the 1997 program year; and
(b) the number 1.046 is to be used for the variation of amounts of recurrent grants set out in those Schedules for the 1998 program year.
(2) For paragraph 78 (1) (a) of the Act, the following numbers are to be used for the variation of amounts of recurrent grants set out in the Schedules to the Act:
(a) for the 1999 program year — 1.055;
(b) for the 2000 program year — 1.055.
Note A program year is a calendar year.
4 Cost supplementation — capital grants
(1) For paragraph 78 (1) (b) of the Act:
(a) the number 1.006 is to be used for the variation of amounts of capital grants set out in the Schedules to the Act for the 1997 program year; and
(b) the number 1.014 is to be used for the variation of amounts of capital grants set out in those Schedules for the 1998 program year.
(2) For paragraph 78 (1) (b) of the Act, the following numbers are to be used for the variation of amounts of capital grants set out in the Schedules to the Act:
(a) for the 1999 program year — 1.021;
(b) for the 2000 program year — 1.021;
(c) for the 2001 program year — 1.021;
(d) for the 2002 program year — 1.021;
(e) for the 2003 program year — 1.021.
Note A program year is a calendar year.
Notes to the States Grants (Primary and Secondary Education Assistance) Regulations 1997
Note 1
The States Grants (Primary and Secondary Education Assistance) Regulations 1997 (in force under the States Grants (Primary and Secondary Education Assistance) Act 1996) as shown in this consolidation comprise Statutory Rules 1997 No. 268 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1997 No. 268 | 24 Sept 1997 | 24 Sept 1997 | |
1998 No. 280 | 1 Sept 1998 | 1 Sept 1998 | — |
1999 No. 223 | 29 Sept 1999 | 29 Sept 1999 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 1998 No. 280; 1999 No. 223 |
R. 2................. | am. 1998 No. 280 |
R. 3................. | rs. 1998 No. 280 |
| am. 1999 No. 223 |
Notes 1, 2 to r. 3........ | rep. 1999 No. 223 |
Note to r. 3............ | ad. 1999 No. 223 |
R. 4................. | rs. 1998 No. 280 |
| am. 1999 No. 223 |
Notes 1, 2 to r. 4........ | rep. 1999 No. 223 |
Note to r. 4............ | ad. 1999 No. 223 |
|
Overview
The States Grants (Primary and Secondary Education Assistance) Regulations 1997, enacted under the States Grants (Primary and Secondary Education Assistance) Act 1996, aim to provide a framework for the distribution of financial assistance to primary and secondary education sectors in Australia. This legislation was introduced to address the need for a structured and equitable method of funding education, ensuring that both recurrent operational costs and capital expenses for schools are adequately covered. The policy objective is to support the maintenance and improvement of educational standards across the country by providing consistent and predictable funding. These regulations, amended over time to reflect changes in educational needs and economic conditions, are instrumental in ensuring that educational institutions receive the necessary financial support to function effectively.
Scope and Application
The States Grants (Primary and Secondary Education Assistance) Regulations 1997, as amended, are subsidiary legislation made under the States Grants (Primary and Secondary Education Assistance) Act 1996. They apply to all states and territories of Australia, providing a framework for the administration and distribution of primary and secondary education assistance grants. These regulations specifically focus on the variation of amounts for both recurrent and capital grants, ensuring that funding is appropriately adjusted over the designated program years to accommodate inflation and other economic factors. The regulations do not explicitly exclude any entities or types of educational institutions from their scope, meaning they are broadly applicable to all recipients of state grants for primary and secondary education. The application of these regulations is further extended through various amendments and adjustments to the statutory rules, ensuring that the grant variations remain aligned with the legislative intent and economic conditions.
Key Provisions
The States Grants (Primary and Secondary Education Assistance) Regulations 1997, as amended, establish the framework for financial assistance to primary and secondary education in Australia under the States Grants (Primary and Secondary Education Assistance) Act 1996. Section 2 provides the definition of terms used within the Regulations, ensuring clarity and uniformity in interpretation. Specifically, the term "Act" refers to the States Grants (Primary and Secondary Education Assistance) Act 1996. Section 3 details the cost supplementation for recurrent grants, which are payments made to assist with the ongoing costs of running primary and secondary schools. For the 1997 program year, a variation factor of 1.074 is used, and for the 1998 program year, the variation factor is 1.046 (subsection 3(1)). For subsequent years, the variation factors are set at 1.055 for both 1999 and 2000 (subsection 3(2)(a) and (b)). Section 4 outlines the cost supplementation for capital grants, which are payments aimed at funding the construction and maintenance of school infrastructure. For the 1997 program year, the variation factor is 1.006, and for the 1998 program year, it is 1.014 (subsection 4(1)). For the years 1999 to 2003, the variation factor remains at 1.021 (subsection 4(2)).
The Regulations impose specific obligations on the Commonwealth Government and the states and territories, including the calculation and disbursement of grants in accordance with the outlined variation factors. These obligations ensure that financial assistance is distributed equitably and in line with the legislative intent of the Act. The Commonwealth Government is responsible for calculating the grants based on the variation factors provided in the Regulations, and the states and territories are required to use these grants for the purposes of primary and secondary education.
Breaches of the Regulations may result in administrative and financial repercussions, although specific offences and penalties are not detailed within the Regulations themselves. However, under the overarching Act, failure to comply with the Regulations could potentially lead to legal actions and penalties as prescribed by the Act. It is important for all parties to adhere to the stipulated guidelines to ensure the smooth and effective operation of the financial assistance program.