States Grants (Schools) Amendment Act 1976

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STATES GRANTS (SCHOOLS) AMENDMENT

ACT 1976

No. 134 of 1976

An Act to amend the States Grants (Schools) Act 1972 and the States Grants (Schools) Act 1976.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the States Grants (Schools) Amendment Act 1976

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

PART II—AMENDMENTS OF THE STATES GRANTS (SCHOOLS) ACT 1972

Principal Act.

3. The States Grants (Schools) Act 1972 is in this Part referred to as the Principal Act.

Grants to States for building projects in connexion with schools.

4. Section 8 of the Principal Act is amended by omitting sub-sections (4) and (5) and substituting the following sub-sections:—

(4) The Minister shall not, before 1 July 1977, authorize payments to the States under this Part, in respect of building projects in connexion with government schools, that, together with such payments authorized before the commencement of the States Grants (Schools) Amendment Act 1976, exceed, in the aggregate, $143,818,000.

(5) The Minister shall not, before 1 July 1977, authorize payments to the States under this Part, in respect of building projects in connexion with non-government schools, that, together with such payments authorized before the commencement of the States Grants (Schools) Amendment Act 1976, exceed, in the aggregate, $41,383,000..


Schedule.

5. The Principal Act is amended by omitting the Schedule and substituting the following Schedule:—

SCHEDULE Section 8

LIMITS OF GRANTS FOR CAPITAL EXPENDITURE

Column 1

Column 2

Column 3

Column 4

Name of State

Maximum Grants for Capital Expenditure for Government Schools

Maximum Grants for Capital Expenditure for Non-Government Schools

Total Maximum Grants

 

$

$

$

New South Wales.......................

65,089,500

19,262,000

84,351,500

Victoria.............................

50,178,500

16,863,000

67,041,500

Queensland...........................

25,362,500

7,834,500

33,197,000

South Australia........................

19,593,000

3,265,500

22,858,500

Western Australia.......................

14,911,000

3,806,000

18,717,000

Tasmania............................

6,639,000

1,194,000

7,833,000

Totals...........................

181,773,500

52,225,000

233,998,500

Formal amendments.

6. The Principal Act is amended as set out in the following table:—

Provision

Amendment

Section 4(1) (definition of qualified accountant)

Omit of this Act.

Section 4(1) (definition of the schools census date)

Omit Commonwealth Statistician, substitute Australian Statistician.

Section 5...............

Omit the first day of July, substitute 1 July.

Section 6...............

(a) Omit the first day of July, One thousand nine hundred and seventy-three substitute 1 July 1973.

 

(b) Omit the thirtieth day of June, One thousand nine hundred and seventy-eight, substitute 30 June 1978.

Section 9(1).............

Omit of this Act.

Section 9(2).............

(a) Omit of this Act.

 

(b) Omit of this sub-section.

Section 9(3).............

Omit of this section.

Section 10(1)............

Omit thirtieth day of June, substitute 30 June.

Section 10(2)............

Omit the thirtieth day of June, One thousand nine hundred and seventy-eight, substitute 30 June 1978.

Part III................

Repeal.

 


PART III—AMENDMENTS OF STATES GRANTS (SCHOOLS) ACT 1976

Principal Act.

7. The States Grants (Schools) Act 1976 is in this Part referred to as the Principal Act.

Limit on grants under sections 47 and 48.

8. Section 49 of the Principal Act is amended by omitting the figures $400,000 and substituting the figures $459,500.

Limit on grants under sections 50 and 51.

9. Section 52 of the Principal Act is amended by omitting the figures $860,000 and substituting the figures $986,500.

Limit on grants under sections 54 and 55.

10. Section 56 of the Principal Act is amended by omitting the figures $3,587,000 and substituting the figures $4,119,500.

Schedules.

11. The Principal Act is amended by omitting the Schedules and substituting the following Schedules:—

SCHEDULE 1 Sections 7 and 13

GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS AND RECURRENT EXPENDITURE

Column 1

Column 2

Column 3

Column 4

Name of State

Building and Equipment Projects

Recurrent Expenditure

Totals

 

$

$

$

New South Wales..........................

25,195,500

68,357,000

93,552,500

Victoria................................

22,218,000

56,195,000

78,413,000

Queensland..............................

13,782,000

25,096,500

38,878,500

South Australia...........................

7,235,500

17,325,000

24,560,500

Western Australia.........................

6,511,500

13,669,000

20,180,500

Tasmania...............................

1,779,500

5,175,000

6,954,500

Totals.............................

76,722,000

185,817,500

262,539,500

 

SCHEDULE 2 Section 9

NON-GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS

Column 1

Column 2

Name of State

Amounts

 

$

New South Wales...............................................

4,192,500

Victoria......................................................

4,325,000

Queensland...................................................

1,999,000

South Australia.................................................

806,500

Western Australia...............................................

868,000

Tasmania.....................................................

257,000

Total......................................................

12,448,000

 


SCHEDULE 3               Paragraph 11(2)(a) and section 20

RECURRENT EXPENDITURE—MIGRANT EDUCATION

Column 1

Column 2

Column 3

Column 4

Name of State

Government schools

Non-government schools

Totals

 

$

$

$

New South Wales....................

5,824,000

1,938,500

7,762,500

Victoria...........................

8,423,500

2,329,000

10,752,500

Queensland........................

441,500

90,000

531,500

South Australia......................

1,315,000

815,500

2,130,500

Western Australia....................

525,000

1,144,000

1,669,000

Tasmania..........................

323,500

11,500

335,000

Totals.........................

16,852,500

6,328,500

23,181,000

 

SCHEDULE 4 Sections 14 and 17

RECURRENT EXPENDITURE—LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SCHOOLS

Column 1

Column 2

Column 3

Level of assistance

Amount per primary school student

Amount per secondary school student

 

$

$

1..............................................

76

113

2..............................................

105

162

3..............................................

134

210

4..............................................

164

258

5..............................................

193

307

6..............................................

223

355

 

SCHEDULE 5 Sections 23 and 28

DISADVANTAGED SCHOOLS

Column 1

Column 2

Column 3

Column 4

Name of State

Government schools

Non-government schools

Totals

 

$

$

$

New South Wales........................

5,482,000

871,500

6,353,500

Victoria..............................

5,643,000

1,032,000

6,675,000

Queensland............................

1,582,500

137,500

1,720,000

South Australia.........................

1,548,000

206,500

1,754,500

Western Australia.......................

906,000

114,500

1,020,500

Tasmania.............................

321,000

46,000

367,000

Totals............................

15,482,500

2,408,000

17,890,500


SCHEDULE 6 Section 33

SPECIAL SCHOOLS

Column 1

Column 2

Column 3

Column 4

Name of State

Government schools

Non-government schools

Totals

 

$

$

$

New South Wales.....................

3,360,500

1,310,000

4,670,500

Victoria...........................

2,480,000

1,171,500

3,651,500

Queensland.........................

1,388,000

610,000

1,998,000

South Australia......................

1,032,000

97,500

1,129,500

Western Australia.....................

888,000

127,000

1,015,000

Tasmania..........................

367,000

 

367,000

Totals..........................

9,515,500

3,316,000

12,831,500

 

SCHEDULE 7 Section 38

SPECIAL EDUCATION TEACHER TRAINING COURSES AND RELATED TEACHER REMUNERATION OR REPLACEMENT

Column 1

Column 2

Column 3

Column 4

Name of State

Special education training

Teacher remuneration and teacher replacement

Totals

 

$

$

$

New South Wales.....................

314,500

2,318,000

2,632,500

Victoria...........................

250,000

1,882,000

2,132,000

Queensland.........................

139,000

985,000

1,124,000

South Australia......................

86,000

633,000

719,000

Western Australia.....................

74,500

555,000

629,500

Tasmania..........................

33,500

244,500

278,000

Totals.........................

897,500

6,617,500

7,515,000

 

SCHEDULE 8 Section 44

DEVELOPMENT AND SERVICE ACTIVITIES

Column 1

Column 2

Column 3

Column 4

Name of State

Approved development and service activities

Teacher remuneration and teacher replacement

Totals

 

$

$

$

New South Wales.....................

2,431,500

780,000

3,211,500

Victoria...........................

2,064,500

631,000

2,695,500

Queensland.........................

988,500

322,500

1,311,000

South Australia......................

694,000

212,000

906,000


SCHEDULE 8continued

Column 1

Column 2

Column 3

Column 4

Name of State

Approved development and service activities

Teacher remuneration and teacher replacement

Totals

 

$

$

$

Western Australia......................

538,000

175,500

713,500

Tasmania............................

260,500

79,000

339,500

Totals...........................

6,977,000

2,200,000

9,177,000

Directions under Principal Act.

12. Any directions given under sub-section 7(3) or 33(4) of the Principal Act shall, by force of this section, cease to have effect upon the commencement of this Act, but this section shall not be taken to affect the previous operation of those directions.

 

Overview

The States Grants (Schools) Amendment Act 1976 was enacted to revise the financial provisions and administrative details of the States Grants (Schools) Act 1972 and the States Grants (Schools) Act 1976. This Act was passed by the Queen, in accordance with the Senate and House of Representatives of the Commonwealth of Australia, and aims to address financial allocation and oversight issues related to educational infrastructure and recurrent expenditures across various states. The primary objective of this legislation is to ensure the effective and transparent distribution of funds to support school building projects and other educational expenses, while also updating certain definitions and administrative references to align with contemporary practices. This amending Act includes changes to the financial caps on grants for school building projects and updates to definitions and references within the original Acts. By specifying new limits for grants and modifying certain sections, the Act aims to enhance the efficiency and clarity of the grant allocation process. Additionally, it ensures that the administration of these grants remains current with evolving statistical and financial reporting standards, such as the substitution of the Australian Statistician for the Commonwealth Statistician and updates to date formats.

Scope and Application

The States Grants (Schools) Amendment Act 1976 applies to the States Grants (Schools) Act 1972 and the States Grants (Schools) Act 1976, with the intent of amending the provisions of these Acts. It pertains to the allocation of grants to states for building projects associated with both government and non-government schools, and it sets specific financial limits for these grants. The Act also updates certain definitions and financial figures within the Principal Acts to reflect current standards and requirements. Geographically, the Act applies nationally as it is a Commonwealth Act, influencing education funding across all states and territories in Australia. The Act does not explicitly state exclusions or exemptions but implicitly excludes entities or individuals not directly involved in the administration or operation of the specified school building projects. The application of the Act may be further extended or restricted through subordinate instruments, such as regulations or directions, although such provisions are noted to cease upon the commencement of this Act.

Key Provisions

The States Grants (Schools) Amendment Act 1976 (C1976A00134) amends the States Grants (Schools) Act 1972 and the States Grants (Schools) Act 1976. The primary amendments to the 1972 Act, as set out in section 4, impose a cap on payments to states for building projects related to government and non-government schools, not to exceed a total of $143,818,000 and $41,383,000 respectively, before 1 July 1977. The 1976 Act is also amended to adjust the limits on grants for capital expenditure and other educational projects across different states. The Act imposes specific financial constraints and reporting requirements on the states in relation to the allocation and utilisation of these grants. It mandates that the total expenditure on capital projects must adhere to the prescribed limits outlined in the amended schedules. The Act also modifies certain definitions and references within the original Acts, such as replacing references to the Commonwealth Statistician with the Australian Statistician. The Act does not explicitly outline criminal penalties for breaches, but it is understood that failure to comply with the financial limits and provisions of the Act could result in legal consequences, including potential financial penalties or legal action for non-compliance. The specific penalties for non-compliance would be determined in accordance with the general legal framework governing breaches of statutory requirements in Australia.

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Act
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Commencement Provisions
Repeal & Amendment
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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.