States Grants (Primary and Secondary Education Assistance) Regulations (Amendment)

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States Grants (Primary and Secondary Education Assistance) Regulations (Amendment) 1995 No. 263

EXPLANATORY STATEMENT

STATUTORY RUES 1995 No. 263

Issued by the Authority of the Minister for Schools, Vocational Education and Training

States Grants (Primary and Secondary Education Assistance) Act 1992

States Grants (Primary and Secondary Education Assistance) Regulations (Amendment)

Section 119 of the States Grants (Primary and Secondary Education Assistance) Act 1992 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Paragraph 106 (1)(b) of the Act provides that the regulations may specify for a particular program year numbers to be used for the variation of amounts of recurrent and capital grants, respectively, specified in Schedules in relation to that year. The Minute recommends amendments to the States Grants (Primary and Secondary Education Assistance) Regulations to specify the numbers for the 1994, 1995 and 1996 program years in respect of recurrent grants and for 1994 and 1995 in respect of capital grants.

The amounts of recurrent and capital grants given to each State for specific purposes are set out in the Schedules for each program year and are supplemented each year to meet the cost of inflation by multiplying the amounts of the Schedules by the relevant numbers set out in the Regulations.

Recurrent grants are supplemented in line with the Average Government Schools Recurrent Costs (AGSRC) index. The AGSRC index used for this purpose is based on movements in Average Government School Costs, excluding capital costs associated with the provision of buildings and grounds, and with modifications for oneoff costs such as redundancy payments and the exclusion of the Commonwealth's own outlays. The AGSRC is maintained by the Ministerial Council for Employment, Education, Training and Youth Affairs. The latest available AGSRC is for the 1993/94 financial year.

Capital grants are supplemented by the Building Price Index (BPI) which is based on information provided by the Australia Bureau of Statistics.

The Regulations provide for the initial recurrent grants for 1995 and 1996 to be supplemented by movements in the AGSRC between the 1992/93 and 1993/94 financial years. The variation between these two years is 2.0%.

The Regulations provide for capital grants for 1995 to be supplemented by the BPI for cost movements between December 1993 and December 1994. The variation between these two years is 2.2%. Capital grants for 1996 have not yet been appropriated.

The effect of the Regulations is to provide an additional $55 million in 1995 and $56 million in 1996 for recurrent programs. For capital grants, the cost of the movement in the BPI is $7 million for 1995.

The supplementation applies to both government and non-government school sectors.

The flow-on effect of the Regulation on recurrent and capital grants is as follows:

Recurrent programs for 1995, an additional $55m increasing grants to $2.83 billion;

for 1996, an additional $56m increasing grants to $2.89 billion.

Capital Program for 1995, an additional $7m increasing grants to $320m.

Details of the Regulations are below.

Regulation 1: Commencement

Provides that the Regulations commence on Gazettal.

Regulation 2: Amendment

Provides that the Regulations amend the States Grants (Primary and Secondary Education Assistance) Regulations.

Regulation 3: Regulation 3A (Cost supplementation - recurrent grants in 1994, 1995 and 1996 program years)

Provides for a new regulation, regulation 3A, to prescribe a number in respect of the program years 1995 and 1996.

Regulation 4: (Cost supplementation - capital grants)

Provides for a new regulation, regulation 4, to prescribe a number in respect of the program year 1995.

 

Overview

The **States Grants (Primary and Secondary Education Assistance) Regulations (Amendment) 1995 No. 263** was enacted to address the need for updating the figures used to supplement the recurrent and capital grants for primary and secondary education in Australia. This amendment was made under the authority of the Minister for Schools, Vocational Education and Training and is based on the provisions of the **States Grants (Primary and Secondary Education Assistance) Act 1992**. The policy objective of this amendment is to ensure that the grants are adjusted to reflect the changes in costs over time, specifically in relation to inflation and the building price index. The amendments specify the numbers for the variation of amounts of recurrent and capital grants for the 1994, 1995, and 1996 program years, ensuring that the financial assistance provided to states remains relevant and adequate to meet the educational needs and infrastructure requirements.

Scope and Application

The States Grants (Primary and Secondary Education Assistance) Regulations (Amendment) 1995 No. 263 applies to both government and non-government school sectors within Australia, affecting the distribution of recurrent and capital grants as specified under the States Grants (Primary and Secondary Education Assistance) Act 1992. These regulations are designed to supplement the amounts of recurrent and capital grants to align with cost variations due to inflation, specifically using the Average Government Schools Recurrent Costs (AGSRC) index for recurrent grants and the Building Price Index (BPI) for capital grants. The scope of the regulations extends to the 1994, 1995, and 1996 program years, with the aim of ensuring that educational funding keeps pace with economic changes. The supplementary funding of $55 million in 1995 and $56 million in 1996 for recurrent grants and $7 million for capital grants in 1995 reflects adjustments made to the initial grant amounts based on the specified indices. These regulations are issued under the authority of the Minister for Schools, Vocational Education and Training and are subject to amendments as outlined in the explanatory statement.

Key Provisions

The main operative sections of these regulations include the introduction of new regulations, specifically Regulation 3A and Regulation 4, to specify the numbers for the cost supplementation of recurrent and capital grants for the 1994, 1995, and 1996 program years (Regulation 2). Regulation 3A addresses the cost supplementation for recurrent grants in the 1995 and 1996 program years, while Regulation 4 focuses on the supplementation of capital grants for the 1995 program year (Regulation 3 and 4). These regulations are designed to adjust the amounts of grants provided to states for primary and secondary education assistance in line with the Average Government Schools Recurrent Costs (AGSRC) index for recurrent grants and the Building Price Index (BPI) for capital grants. These regulations impose several obligations and requirements on the parties involved. Firstly, they require the application of the AGSRC index to recurrent grants and the BPI to capital grants for the specified program years. This means that the amounts of grants provided must be adjusted to account for movements in these indices, ensuring that the grants keep pace with the cost of inflation and other specified factors. Additionally, the regulations mandate that these adjustments apply to both government and non-government school sectors, ensuring equitable treatment across the education landscape. Breach of these regulations could lead to significant consequences. While the explanatory statement does not explicitly detail the penalties for non-compliance, it is reasonable to infer that failure to adhere to the specified adjustments for grants could result in legal repercussions. Typically, such breaches might lead to financial penalties or legal actions to enforce compliance with the stipulated grant adjustments. The exact penalties would depend on the specific provisions of the overarching Act and any related legislation, but they could potentially include fines or other administrative sanctions. It is important for all parties to understand and comply with these regulations to avoid any legal or financial ramifications.

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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.